OFCOM Homework

OFCOM's Rules and regulations:

Fairness

Foreword

This section and the following section on privacy are different from other sections of the Code. They apply to how broadcasters treat the individuals or organisations directly affected by programmes, rather than to what the general public sees and/or hears as viewers and listeners.

As well as containing a principle and a rule this section contains "practices to be followed" by broadcasters when dealing with individuals or organisations participating in or otherwise directly affected by programmes as broadcast. Following these practices will not necessarily avoid a breach of this section of the Code (Rule 7.1). However, failure to follow these practises will only constitute a breach where it results in unfairness to an individual or organisation in the programme. Importantly, the Code does not and cannot seek to set out all the "practices to be followed" in order to avoid unfair treatment.
The following provisions in the next section on privacy are also relevant to this section:


To ensure that broadcasters avoid unjust or unfair treatment of individuals or organisations in programmes.

Rule

7.1 Broadcasters must avoid unjust or unfair treatment of individuals or organisations in programmes.

Opportunity to contribute and proper consideration of facts

7.9 Before broadcasting a factual programme, including programmes examining past events, broadcasters should take reasonable care to satisfy themselves that:

• material facts have not been presented, disregarded or omitted in a way that
  is unfair to an individual or organisation; and
  
• anyone whose omission could be unfair to an individual or organisation has
  been offered an opportunity to contribute.
  

7.10 Programmes - such as dramas and factually-based dramas - should not portray facts, events, individuals or organisations in a way which is unfair to an individual or organisation.

7.11 If a programme alleges wrongdoing or incompetence or makes other significant allegations, those concerned should normally be given an appropriate and timely opportunity to respond.

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.

7.13 Where it is appropriate to represent the views of a person or organisation that is not participating in the programme, this must be done in a fair manner.




Product Placement

Product placement is now allowed in UK television programmes.
Ofcom is responsible for the rules governing product placement, including what can and can't be shown on TV screens.
The following gives an overview of these rules and explains how you can tell whether a programme contains product placement.

What is product placement?

Product placement is when a company pays a TV channel or a programme-maker to include its products or brands in a programme.
So, for example, a fashion company might pay for a presenter to wear its clothes during a programme, or a car manufacturer might pay for a character to mention one of its cars in a scene in a drama.

Is it allowed in the UK?

Product placement in films and international programmes (such as US drama series) has been allowed on UK television for many years.
From 28 February 2011 TV programmes made for UK audiences can contain product placement as long as they comply with.

These rules apply to all programmes broadcast on channels licensed by Ofcom and include some channels that broadcast outside of the UK. 

Does this mean that all products I see in a programme made after this date have been paid for?

No, programme-makers also use ‘props' (for example, to ‘dress' a set in a TV soap).
The difference between product placement and the use of props is that the TV channel and the programme-maker don't receive any payment for including props. They pay to use them or get them free, rather than being paid to include them, so they're not product placement.
It's also possible that a product could appear in a programme by chance, not because the company has paid for it to be included – for instance, a member of the public interviewed in the street might be wearing clothing that shows a company's logo.

What are the rules for product placement?

contains rules about what type of products can be placed in programmes, where product placement is allowed, and how placed products can be featured.
These rules are required by both European and UK law.

Which programmes can contain product placement?

Product placement is allowed in films (including dramas and documentaries), TV series (including soaps), entertainment shows and sports programmes.

Will there be product placement on the BBC?

Under the terms of the BBC Agreement product placement is not allowed in programmes made for BBC licence fee funded services.
However, Ofcom's rules apply to any product placement in programmes which the BBC acquires from elsewhere and those made by the BBC's commercial TV services

What products can't be placed?

Cigarettes and other tobacco products, along with medicines that are available only on prescription, can't be product placed in any programmes.
Alcoholic drinks, gambling products, all other types of medicines, food and drink that is high in fat, salt, or sugar and baby milk can't be product placed in UK programmes.
Also, products that can't be advertised (such as guns and other weapons) can't be product placed in UK programmes either.

How you will know if a programme contains product placement?

If a UK programme contains product placement, the TV channel has to show a special logo.
This will let viewers know that the TV channel or the programme-maker has been paid to include products in that programme.
The logo is pictured below - there are two versions so that it can be used on a light or dark background.
The logo has to be shown at the beginning of the programme, and repeated after any advertising break during the programme. It also has to be shown again at the end of the programme.
TV channels don't have to show the logo on programmes that were originally broadcast outside the UK (for example, a US drama series that is then shown in the UK). Any programme that is made to be shown on an Ofcom licensed channel, including those that broadcast outside of the UK, must include the product placement logo where necessary.



Advertisement

About this document

Ofcom sets rules that restrict the amount of television advertising that broadcasters can transmit and where such advertising can be scheduled. These rules are intended to protect viewers and, in some cases, are based on requirements stipulated in European law.
In July 2014, Ofcom published a consultation on: i) options available to secure effective and consistent enforcement of rules that restrict advertising interruptions in programmes; and ii) changes to the advertising scheduling rules, designed to make them clearer and easier to follow.
This document sets out Ofcom’s decisions on the issues set out in the July 2014 consultation.



Premium rate services (PRS)

Premium rate services are a form of micro-payment for paid for content, data services and value added services that are subsequently charged to your telephone bill. They tend to cost more than a normal phone call or text message. They usually operate on numbers beginning 09, 118, 0871/2/3 or five or six digit mobile text shortcodes.

The premium rate industry in the UK incorporates a diverse number of services, such as:

• Directory Inquiries
• 087 business information lines
• Mobile games
• Competitions and quizzes
• Charity donations
• Adult entertainment
• Chat services

Ofcom has overall responsibility for regulating premium rate services. PhonepayPlus is appointed by Ofcom to carry out the day-to-day operations.


The role of Ofcom

There is a separate set of regulations in place for PRS, the key elements of which are:

Section 120 of the Communications Act 2003. This defines all PRS and provides Ofcom with the
power to set conditions for the purpose of regulating the provision, content, promotion and
marketing of PRS;


The PRS Condition. A subset of PRS are so called "Controlled PRS" and are subject to the rules
set out in the PhonepayPlus Code of Practice.


The PhonepayPlus Code of Practice. This outlines wide-ranging rules to protect consumers as
well as the processes PhonepayPlus applies when regulating the PRS industry.

Ofcom has responsibility and accountability for the regulation of premium rate services under the terms of the Communications Act 2003.

Ofcom has designated PhonepayPlus to deliver the day-to-day regulation of the market, by approving the PhonepayPlus Code of Practice. Regulatory strategy, scope and policy are developed in dialogue with PhonepayPlus, but final decisions will rest with Ofcom.

The relationship between Ofcom and PhonepayPlus is set out in a Memorandum of Understanding.


The role of PhonepayPlus

PhonepayPlus regulates the content, promotion and overall operation of all PRS through its Code of Practice. Its role is to develop a Code of Practice for providers of PRS with the aim of producing a regulatory framework that protects consumers. For example, the Code requires clear and accurate pricing information, honest advertising, and appropriate and targeted promotions.

It investigates all complaints received about the PRS numbers it regulates. If PhonepayPlus thinks a provider may have breached the Code of Practice, it will investigate. 





Bibliography:


OFCOM. (2016) Section 7: Fairness. At: http://stakeholders.ofcom.org.uk/broadcasting/broadcast-codes/legacy/broadcast-code-september-2010/fairness/ (Accessed on 14/04/2016)

OFCOM. (2016) Premium rate Services. At: http://stakeholders.ofcom.org.uk/telecoms/policy/premium-rate-services/ (Accessed on 14/04/2016)

OFCOM. (2016) Regarding the quantity of advertising on television. At: http://stakeholders.ofcom.org.uk/broadcasting/broadcast-codes/advert-code/ad-minutage (Accessed on 14/04/2016)

Consumers. (2016) Product placement on TV. At: http://consumers.ofcom.org.uk/tv-radio/television/product-placement-on-tv/