Critical Perspectives In Media - Section B
Contemporary Media REGULATION

The Office of Communications.

Established by the ‘Office of Communications Act’ in 2002, received full
authority in 2003.

OFCOM inherited the duties of five previous different regulators:

the Broadcasting Standards Commission

the Independent Television Commission

the Office of Telecommunications (Oftel)

the Radio Authority

the Radio communications Agency

These regulators were deemed a ‘light touch’ when dealing with
complaints. The ITC were labelled ‘deregulation’ by loosening the rules of
TV broadcasting. Hence why OFCOM were brought in.

OFCOM conceived as a ‘Super-Regulator’ which converged responsibility
for TV, telecommunications, Radio, mobiles, & postal service. It oversees
media channels that rapidly converge through digital transmission.


Statutory Regulated – (Government/formed by legislation (Law).
Reactive Regulation - Responds to any public complaints made.

The creation of OFCOM was announced in the Queens speech to the
UK parliament in June 2001.

It regularly updates its CODE (The Code), to ensure that all
broadcasters comply with the terms in the license given to them by
OFCOM, or may risk having there license revoked.

It is the biggest UK regulator, receiving £122m per year. Ed Richards is
the current Chief Executive of OFCOM, appointed in October 2006.

OFCOM also monitors product placement.

OFCOM aims to protect the public from discrimination and harmful or
offensive material. Their general duties further the interests of citizens
and of consumers. Meeting these duties is at the heart of everything.

People are protected from being treated unfairly in TV and radio and
from having there privacy invaded. Disputes can include:

premium-rate services, including mobile-phone text services

the content of television and radio programmes

the BBC TV licence fee

post office services
OFCOM – THE
BROADCASTING CODE
The Code is set out in terms of principles, meanings and rules and practices to be followed by
broadcasters. The principles are there to help readers understand the standards, objectives and
to apply the rules.
It is the responsibility of the broadcaster to comply with the Code. Programme makers who
require further advice on applying this Code should, in the first instance, talk to those editorially
responsible for the programme and to the broadcaster’s compliance and legal officers.
The Code is laid out in the following sections:
SECTION 1
SECTION 2
SECTION 3
SECTION 4
SECTION 5
Protecting the
Under-Eighteens
Harm & Offence
Crime
Religion
Due Impartiality &
Accuracy
SECTION 6
SECTION 7
SECTION 8
SECTION 9
SECTION 10
Elections &
Referendums
Fairness
Privacy
Commercial
References In TV
Commercial
Communications
in Radio
CASE STUDIES
Critical Perspectives In Media - Section B
Contemporary Media REGULATION
OFCOM – Case Studies
01:
Derren Brown
02:
Alison Brunton
03:
Woolwich Murder
TASK:
1) WHY DID OFCOM RECEIVE COMPLAINTS?
-----------------------------------------2) WHO IS TO BE HELD ACCOUNTABLE?
3) WHAT ACTION DO YOU BELIEVE OFCOM SHOULD HAVE MADE?
WHAT HAPPENED:
Illusionist Derren Brown’s ‘Something Wicked this Way Comes’ show was aired on
the ‘Watch’ channel on Sunday 6th December 2015 at 9am. In the 14-min segment,
Brown had sought to demonstrate a technique to limit pain and bleeding.
He placed a transparent plastic bag over his head, while an audience member
tapped out his pulse rate. Once slowed to a stop, Derren Brown (semi-conscious)
removed the bag and walked barefoot on a path of broken glass.
Watch the video on the above case study
www.youtube.com/watch?v=SUfAwwON_Xc
 Why did OFCOM have to get involved?
 Is ‘The Code’ being broken?
 Who is to be held accountable?
BROADCASTED: 6th DECEMBER 2015. COMPLAINTS: 5
 REASON:
The programme received 5 complaints from viewers who felt that the content
was too extreme for being aired pre-watershed, let alone 9am in the morning.
Viewers felt that placing a plastic bag over someone's head (causing light
headedness) to be free from pain sent out the wrong message. Viewers also
complained about some swear words that could be heard during the stunt.
BROADCASTED: 6th DECEMBER 2015. COMPLAINTS: 5
 OFCOM RESPONSE
OFCOM felt the trick had broken broadcasting rules as "Plastic bags are a household item that
children have access to without parental supervision”. Brown's dangerous behaviour to asphyxiate
himself was likely to be easily imitated by children in a manner that was harmful.
‘Watch’ said an internal investigation had revealed that "due to human error" the programme was
"erroneously labelled" as being suitable for broadcast pre-watershed.
OFCOM also found swear words during the segment breached the code on offensive language.
It said it had implemented additional safeguards to prevent the same mistake happening again
and pulled the show from ever being aired again.
 Arguments For & Against
 Social Factors
 Effectiveness
 Previous Practices
TASK:
1) CHOOSE ONE OF THE FOUR KEY AREAS THAT YOUR EXAM QUESTION COULD BE ON.
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2) WRITE A SHORT PARAGRAPH LINKING THIS SPECIFIC CASE STUDY TO AN ARGUMENT.
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3) GIVE YOUR OPINION ON OFCOMS’S ROLE IN DEALING WITH AND ALLOWING SUCH CONTENT.
WHAT HAPPENED:
During the September 2012 auditions of Simon Cowell’s ‘The X-Factor’ on ITV,
Alison Brunton, a 51 year old mother from the north of England, took to the stage
and performed Lady Gaga’s hit song ‘Edge of Glory’
The producers had clearly spent time making a pre-performance video about her,
which was played just before she went on stage with her two teenage children
watching on behind stage.
Watch the video on the above case study
www.youtube.com/watch?v=NK2NgVCuQ6g
 Why did OFCOM have to get involved?
 Is ‘The Code’ being broken?
 Who is to be held accountable?
BROADCASTED: 1st September 2012. COMPLAINTS: 35
 REASON
OFCOM received 35 complaints about hopeful Alison Brunton's performance
but not because of her out of tune singing, but in fact her apparently
embarrassed children watched from the wings.
Many viewers feared that her children - aged 14 and 16 - could get bullied at
school after her aired performance became a public joke.
The clip appeared to be edited in a deliberate way to connote this.
BROADCASTED: 1st September 2012. COMPLAINTS: 35
 OFCOMS RESPONSE
OFCOM launched an investigation into whether the airing of the audition on X Factor
had breached its broadcasting code.
The code requires TV shows to take 'due care of the physical and emotional welfare and
dignity of people under 18 who take part or are otherwise involved in programmes’. It
states that children should not be 'caused unnecessary distress or anxiety by their
involvement in programmes or by the broadcast of those programmes’.
OFCOM warned X-Factor about their future broadcasts.
 Arguments For & Against
 Social Factors
 Effectiveness
 Previous Practices
TASK:
1) CHOOSE ONE OF THE FOUR KEY AREAS THAT YOUR EXAM QUESTION COULD BE ON.
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2) WRITE A SHORT PARAGRAPH LINKING THIS SPECIFIC CASE STUDY TO AN ARGUMENT.
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3) GIVE YOUR OPINION ON OFCOMS’S ROLE IN DEALING WITH AND ALLOWING SUCH CONTENT.
WHAT HAPPENED:
On the afternoon of the 22nd May 2013 a British Army Soldier, Fusilier Lee Rigby,
was attacked and killed by Michael Adebolajo and Michael Adebowale near the
Royal Artillery Barracks in Woolwich.
Rigby was off duty when he was run down with a car and hacked to death with a
cleaver. The men dragged Rigby’s body into the road and remained at the scene
until police arrived. They told passersby that they were avenging the killing of
Muslims by British armed forces.
Watch the video on the above case study
www.youtube.com/watch?v=HsEWgKttC9A
 Why did OFCOM have to get involved?
 Is ‘The Code’ being broken?
 Who is to be held accountable?
BROADCASTED: 22nd MAY 2013. COMPLAINTS: 68O
 REASON:
People found the news coverage (including mobile phone footage from the
scene) graphic, distressing and disrespectful to Fusilier Rigby's family.
News programmes were accused of giving one of the alleged attackers "a
platform to justify and explain his actions", and expressing concern at the
effect the content could have on younger viewers.
BROADCASTED: 22nd MAY 2013. COMPLAINTS: 68O
 OFCOM RESPONSE
Ofcom ruled the "detailed" coverage was "justified by the context". However, it went
on to issue new guidance about carrying appropriate warnings.
It concluded that: "While the coverage was detailed and at times distressing, we did
not consider that the images were too offensive for broadcast given they were
appropriately scheduled and justified by the context.
Various warnings were given to viewers, but some stations, which primarily target
adults, broadcasted an apology to mitigate any offence that may have been caused.
 Arguments For & Against
 Social Factors
 Effectiveness
 Previous Practices
TASK:
1) CHOOSE ONE OF THE FOUR KEY AREAS THAT YOUR EXAM QUESTION COULD BE ON.
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2) WRITE A SHORT PARAGRAPH LINKING THIS SPECIFIC CASE STUDY TO AN ARGUMENT.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------
3) GIVE YOUR OPINION ON OFCOMS’S ROLE IN DEALING WITH AND ALLOWING SUCH CONTENT.