Broadcasting is a powerful medium. It has the potential to offend or mislead, as well as entertain and inform. So the independence enjoyed by broadcasters carries with it certain obligations over programme content.

Overall, programmes are expected to display a proper balance and cover a wide range of subject matter; they should be impartial in their handling of party political or controversial issues; they should be accurate in their news coverage; and they should not offend against good taste and decency.

These obligations are reflected in the quality thresholds laid down for the award of broadcasting licences, which have been outlined in previous chapters. Broadcasters have to comply with legislation relating to obscenity and incitement to racial hatred. They must also reflect the principles set out in the Broadcasting Standards Commission's (BSC) codes on Standards and Fairness.

These codes concentrate on reasonable audience expectations given the channel and the timing of a programme's broadcast. Particular care is required during hours when children are likely to be watching. By convention, programmes broadcast before the 21.00 hours 'watershed¹ are expected to be suitable for a general audience, including children. After that, progressively more challenging material may be shown, although with clear signposting for viewers. The BBC, Independent Television Commission (ITC) and Radio Authority apply detailed codes of practice on broadcasting content, which must reflect the general principles set out in the BSC codes of guidance. Broadcasters update their codes periodically to reflect changing public attitudes and requirements.

The ITC published a revised programme code in April 2001; the BBC publishes regularly revised guidelines for producers, setting out strict guidelines that BBC producers must work to in dealing with sexual matters, violence, strong language, and in addressing family audiences.

The UK has implemented two important European agreements on cross-border broadcasting - the Council of Europe Convention on Transfrontier Television and the European Community Directive on Broadcasting. These lay down minimum standards on advertising, sponsorship, taste and decency, and the portrayal of sex and violence on television that broadcasters are required to observe.

The Government can proscribe unacceptable foreign satellite services receivable in the UK, and anyone in the UK supporting such a service can be prosecuted.

Complaints

If viewers and listeners think programmes have fallen short of the given standards, they can complain to the regulators:

• the ITC for complaints about ITV (Channel 3), Channel 4, Channel 5, and licensed cable and satellite broadcasters;
• the Radio Authority for independent radio services;
• the BBC Programme Complaints Unit (PCU), to investigate serious concerns about BBC television or radio programmes; and
• the BSC for complaints about any TV or radio programmes.

The ITC and the Radio Authority both have a wide range of powers at their disposal to enforce licence and Code requirements Where the breach is not of a serious nature, for example, the ITC will contact the television company concerned, offering guidance and making it clear that the offence should not be repeated In a more serious matter, it can issue a formal warning, require on screen corrections or apologies, disallow a repeat or impose a fine In extreme cases, it can shorten the term of a licence or withdraw it altogether.

Regulatory action and decisions are published, usually monthly, in the ITC's Programme Complaints and Interventions Report The ITC's powers will shift to Ofcom (see page 16) in 2003 Following public outcry over a Channel 4 programme called Brass Eye, which satirised media coverage of paedophilia, the Government is looking at ways to speed up the response of Ofcom in situations where a serious breach may have occurred.

The BBC's PCU investigates serious complaints about programmes after transmission Complaints must be in writing and relate to the BBC's UK licence funded public services They must suggest a specific and serious breach in programme standards (as set out in BBC Producers' Guidelines) If a complaint fulfils these conditions, the PCU will investigate it and recommend redress PCU findings and Governors' Appeals are published quarterly.

The Broadcasting Standards Commission

The Broadcasting Standards Commission (BSC) is a statutory body for standards and fairness that replaced the Broadcasting Standards Council and the Broadcasting Complaints Commission from April 1997, under the terms of the Broadcasting Act 1996 The BSC considers two types of complaints standards and fairness It has the power to ask for recordings of broadcast material or a written statement to respond to a complaint It may also hold hearings Its decisions are published regularly and broadcasters must report any action they have taken as a result Additionally, the Commission can require broadcasters to publish summaries of its decisions on-air and in a newspaper or magazine

The BSC is the only organisation within the regulatory framework to cover all television and radio, both terrestrial and satellite This includes text, cable and digital services The Broadcasting Standards Commission is required to

• draw up and review guidance for the avoidance of unjust or unfair treatment and unwarranted infringement of privacy in television and radio;
• draw up and review a code on the portrayal of violence and sexual conduct and on standards of taste and decency (that television and radio broadcasters would have to take into account when drawing up their own guidelines);
• monitor and report on the portrayal of violence, sexual conduct, and standards of taste and decency in programmes generally;
• consider and adjudicate on complaints about fairness and standards; and
• represent the Government at international bodies concerned with setting standards for broadcasting.