OF COM CODE

 

SECTION 1- PROTECTING THE UNDER EIGHTEENS 

Drugs, smoking, solvents and alcohol
1.10: The use of illegal drugs, the abuse of drugs, smoking, solvent abuse and the misuse of alcohol:
Must not be featured in programmes made primarily for children unless there is strong editorial justification;
Must generally be avoided and in any case must not be condoned, encouraged or glamorised in other programmes broadcast before the watershed (in the case of television), when children are particularly likely to be listening (in the case of radio), or when content is likely to be accessed by children (in the case of BBC ODPS) unless there is editorial justification;
Must not be condoned, encouraged or glamorised in other programmes likely to be widely seen, heard or accessed by under-eighteens unless there is editorial justification
1.12: Violence, whether verbal or physical, that is easily imitable by children in a manner that is harmful or dangerous:
1.17: Material equivalent to the British Board of Film Classification (“BBFC”) R18-rating must not be broadcast at any time.
1.18: ‘Adult sex material’ – material that contains images and/or language of a strong sexual nature which is broadcast for the primary purpose of sexual arousal or stimulation – must not be broadcast at any time other than between 2200 and 0530 on premium subscription services and pay per view/night services which operate with mandatory restricted access.
The involvement of people under eighteen in programmes

1.28: Due care must be taken over the welfare and the dignity of people under eighteen who take part or are otherwise involved in programmes. This is irrespective of any consent given by the participant or
by a parent, guardian or other person over the age of eighteen in loco parentis.
1.29: People under eighteen must not be caused unjustified distress or anxiety by their involvement in programmes or by the broadcast of those programmes.
1.30: Prizes aimed at children must be appropriate to the age range of both the  target audience and the participants.

SECTION 2- HARM AND OFFENCE 

Violence, dangerous behaviour and suicide
2.4: Programmes must not include material (whether in individual programmes or in programmes taken together) which, taking into account the context, condones or glamorises violent, dangerous or seriously antisocial behaviour and is likely to encourage others to copy such behaviour.
2.5: Methods of suicide and self-harm must not be included in programmes
except where they are editorially justified and are also justified by the context.

SECTION 3- CRIME, DISORDER, HATRED AND ABUSE 

Content which directly or indirectly amounts to a call to criminal action or disorder.
Material promoting or encouraging engagement in terrorism or other forms of criminal activity or disorder; and/or
Hate speech which is likely to encourage criminal activity or lead to disorder.
3.8: Broadcasters must use their best endeavours so as not to broadcast material that could endanger lives or prejudice the success of attempts to deal with a hijack or kidnapping.

SECTION 4- RELIGION

4.2: The religious views and beliefs of those belonging to a particular religion or religious denomination must not be subject to abusive treatment.
4.3: Where a religion or religious denomination is the subject, or one of the subjects, of a religious programme, then the identity of the religion and/or denomination must be clear to the audience.
4.4: Religious programmes must not seek to promote religious views or beliefs by stealth.
4.6: Religious programmes must not improperly exploit any susceptibilities of the audience.
4.7: Religious programmes that contain claims that a living person (or group) has special powers or abilities must treat such claims with due objectivity and must not broadcast such claims when significant numbers of children may be expected to be watching (in the case of television), or when children are particularly likely to be listening (in the case of radio), or when content is likely to be accessed by children (in the case of BBC ODPS).

SECTION 5- DUE IMPARTIALLY AND DUE ACCURACY 

5.1: News, in whatever form, must be reported with due accuracy and presented with due impartiality.
5.6: The broadcast of editorially linked programmes dealing with the same subject matter (as part of a series in which the broadcaster aims to achieve due impartiality) should normally be made clear to the audience on air[1].
5.7: Views and facts must not be misrepresented. Views must also be presented with due weight over appropriate timeframes.
5.8: Any personal interest of a reporter or presenter, which would call into question the due impartiality of the programme, must be made clear to the audience.

SECTION 7- FAIRNESS

7.3: Where a person is invited to make a contribution to a programme (except when the subject matter is trivial or their participation minor) they should normally, at an appropriate stage:
Be told the nature and purpose of the programme, what the programme is about and be given a clear explanation of why they were asked to contribute and when (if known) and where it is likely to be first broadcast;
Be told what kind of contribution they are expected to make, for example live, pre-recorded, interview, discussion, edited, unedited, etc.
Be informed about the areas of questioning and, wherever possible, the nature of other likely contributions;
Be made aware of any significant changes to the programme as it develops which might reasonably affect their original consent to participate, and which might cause material unfairness;
Be told the nature of their contractual rights and obligations and those of the programme maker and broadcaster in relation to their contribution;
Be given clear information, if offered an opportunity to preview the programme, about whether they will be able to effect any changes to it; and
Be informed about potential risks arising from their participation in the programme which may affect their welfare (insofar as these can be reasonably anticipated at the time) and any steps the broadcaster and/or programme maker intends to take to mitigate these.^[1]
7.12: Where a person approached to contribute to a programme chooses to make no comment or refuses to appear in a broadcast, the broadcast should make clear that the individual concerned has chosen not to appear and should give their explanation if it would be unfair not to do so
A contributor might be regarded as being at risk of significant harm as a result of taking part in a programme for reasons including (but not limited to) the following:
They are considered a vulnerable person;
They are not used to being in the public eye;
The programme involves being filmed in an artificial or constructed environment;
The programme is likely to attract a high level of press, media and social media interest;
Key editorial elements of the programme include potential confrontation, conflict, emotionally challenging situations; or
The programme requires them to discuss, reveal, or engage with sensitive, life changing or private aspects of their lives.

SECTION 8- PRIVACY

8.1: Any infringement of privacy in programmes, or in connection with obtaining material included in programmes, must be warranted.
8.2: Information which discloses the location of a person’s home or family should not be revealed without permission, unless it is warranted.
8.3: When people are caught up in events which are covered by the news they still have a right to privacy in both the making and the broadcast of a programme, unless it is warranted to infringe it. This applies both to the time when these events are taking place and to any later programmes that revisit those events.
8.4: Broadcasters should ensure that words, images or actions filmed or recorded in, or broadcast from, a public place, are not so private that prior consent is required before broadcast from the individual or organisation concerned, unless broadcasting without their consent is warranted.
8.13: Surreptitious filming or recording should only be used where it is warranted. Normally, it will only be warranted if:
There is prima facie evidence of a story in the public interest; and
There are reasonable grounds to suspect that further material evidence
could be obtained; and
It is necessary to the credibility and authenticity of the programme.

The OffCom code is an important aspect of filming any film or documentary. Every director needs to consider the codes in order to keep their subjects safe and to be honest to the audience.