21st January 2022

 womens hour- these issues are relevant at the time of this episodes release.

ofcom regulates the radio in the uk

to what extent woman's hour affected by regulatory issues?

Scheduling and content information

1.1: Material that might seriously impair the physical, mental or moral development of people under eighteen must not be broadcast.

1.2: In the provision of services, broadcasters must take all reasonable steps to protect people under eighteen.

1.3: Children must also be protected by appropriate scheduling from material that is unsuitable for them. Although scheduling requirements in this section are not relevant to the provision of programmes on demand, the BBC must put in place appropriate measures on BBC ODPS that provide equivalent protection for children.

Meaning of "children"

Children are people under the age of fifteen years.

Meaning of "appropriate scheduling"

Appropriate scheduling should be judged according to:

  • the nature of the content;
  • the likely number and age range of children in the audience, taking into
    account school time, weekends and holidays;
  • the start time and finish time of the programme;
  • the nature of the channel or station and the particular programme; and
  • the likely expectations of the audience for a particular channel or station
    at a particular time and on a particular day.

Broadcasters of services received in ECTT Parties should have regard to any relevant time differences in the country of reception.

1.4: Television broadcasters must observe the watershed.

Meaning of "the watershed"

The watershed only applies to television. The watershed is at 2100. Material unsuitable for children should not, in general, be shown before 2100 or after 0530.

On premium subscription film services which are not protected as set out in Rule 1.24 the watershed is at 2000. The watershed does not apply to channels when mandatory daytime protection is in place (see Rules 1.24 and 1.25).

1.5: Radio broadcasters must have particular regard to times when children are particularly likely to be listening.

Meaning of "when children are particularly likely to be listening"

This phrase particularly refers to the school run and breakfast time, but might include other times.

1.6: The transition to more adult material must not be unduly abrupt at the watershed (in the case of television) or after the time when children are particularly likely to be listening (in the case of radio). For television, the strongest material should appear later in the schedule.

1.7: For television programmes broadcast before the watershed, or for radio programmes broadcast when children are particularly likely to be listening, or for BBC ODPS content that is likely to be accessed by children, clear information about content that may distress some children should be given, if appropriate, to the audience (taking into account the context).

(For the meaning of “context” see Section Two: Harm and Offence.)

Meaning of "likely to be accessed by children"

Factors affecting whether content is likely to be accessed by children include (but are not limited to):

  • the nature of the content – whether it is aimed at or has particular appeal to children; and
  • the nature of access to the content e.g. whether there are measures in place that are intended to prevent children from viewing and/or listening to the content.

The coverage of sexual and other offences in the UK involving under-eighteens

1.8: Where statutory or other legal restrictions apply preventing personal identification, broadcasters should also be particularly careful not to provide clues which may lead to the identification of those who are not yet adult (the defining age may differ in different parts of the UK) and who are, or might be, involved as a victim, witness, defendant or other perpetrator in the case of sexual offences featured in criminal, civil or family court proceedings:

  • by reporting limited information which may be pieced together with other information available elsewhere, for example in newspaper reports (the ‘jigsaw effect’);
  • inadvertently, for example by describing an offence as “incest”; or
  • in any other indirect way.

(Note: Broadcasters should be aware that there may be statutory reporting restrictions that apply even if a court has not specifically made an order to that effect.)

1.9: When covering any pre-trial investigation into an alleged criminal offence in the UK, broadcasters should pay particular regard to the potentially vulnerable position of any person who is not yet adult who is involved as a witness or victim, before broadcasting their name, address, identity of school or other educational establishment, place of work, or any still or moving picture of them. Particular justification is also required for the broadcast of such material relating to the identity of any person who is not yet adult who is involved in the defence as a defendant or potential defendant.

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.

Violence and dangerous behaviour

1.11: Violence, its after-effects and descriptions of violence, whether verbal or physical, must be appropriately limited in 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) and must also be justified by the context.

1.12: Violence, whether verbal or physical, that is easily imitable by children in a manner that is harmful or dangerous:

  • must not be featured in programmes made primarily for children unless there is strong editorial justification;
  • must not be 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.

1.13: Dangerous behaviour, or the portrayal of dangerous behaviour, that is likely to be easily imitable by children in a manner that is harmful:

  • must not be featured in programmes made primarily for children unless there is strong editorial justification;
  • must not be 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.

(Regarding Rules 1.11 to 1.13 see Rules 2.4 and 2.5 in Section Two: Harm and Offence.)

Offensive language

1.14: The most offensive language must not be 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).

1.15: Offensive language must not be used in programmes made for younger children except in the most exceptional circumstances.

1.16: Offensive language must not be 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 it is justified by the context. In any event, frequent use of such language must be avoided before the watershed.

(Regarding Rules 1.14 to 1.16 see Rule 2.3 in Section Two: Harm and Offence.)

Sexual material

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.
In addition, measures must be in place to ensure that the subscriber is an adult.

Meaning of "mandatory restricted access"

Mandatory restricted access means there is a PIN protected system (or other   equivalent protection) which cannot be removed by the user, that restricts access solely to those authorised to view.

1.19: Broadcasters must ensure that material broadcast after the watershed, or made available on BBC ODPS, which contains images and/or language of a strong or explicit sexual nature, but is not ‘adult sex material’ as defined in Rule 1.18 above, is justified by the context.

(See Rules 1.6 and 1.18 and Rule 2.3 in Section Two: Harm and Offence which includes meaning of “context”.)

1.20: Representations of sexual intercourse must not occur 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 a serious educational purpose. Any discussion on, or portrayal of, sexual behaviour must be editorially justified if included before the watershed, when children are particularly likely to be listening, or when content is likely to be accessed by children on BBC ODPS, and must be appropriately limited.

Nudity

1.21: Nudity before the watershed, or when content is likely to be accessed by children (in the case of BBC ODPS), must be justified by the context.

Films and mandatory daytime protection

Meaning of "mandatory daytime protection"

Mandatory daytime protection means there is a PIN protection system in place pre-2100 and post-0530 which cannot be removed by the user and restricts access solely to those authorised to view. This does not apply to ‘adult sex material’ which under Rule 1.18 can only be shown between 2200 and 0530 and must be behind mandatory restricted access (see Rule 1.18).

1.22: No film refused classification by the British Board of Film Classification (BBFC) may be broadcast, unless it has subsequently been classified or the BBFC has confirmed that it would not be rejected according to the standards currently operating. Also, no film cut as a condition of classification by the BBFC may be transmitted in a version which includes the cut material unless:

  • the BBFC has confirmed that the material was cut to allow the film to pass at a lower category; or
  • the BBFC has confirmed that the film would not be subject to compulsory cuts according to the standards currently operating.

1.23: BBFC 18-rated films or their equivalent must not be broadcast before 2100, on any service (except behind mandatory daytime protection), and even then they may be unsuitable for broadcast at that time.

1.24: Provided that mandatory daytime protection is in place pre-2100 and post-0530 (or pre-2000 and post 0530 for up to BBFC 15-rated films or their equivalent on premium subscription film services), programmes that are unsuitable for children that would usually be scheduled after the watershed, and films up to BBFC 18-rated or equivalent, may be broadcast on television at any time of day. Clear information must be provided with programme and film content that will assist adults to assess its suitability for children, and the mandatory daytime protection which is in place must be clearly explained to all viewers.

When not using mandatory daytime protection, broadcasters must comply with Ofcom’s rules on scheduling and the watershed (see Rules 1.1 to 1.7).

Note:

"Clear information about programme and film content" may include but is not limited to:

  • information about the programme provided in the EPG referring to any potentially unsuitable material such as “strong language”, “nudity”, “scenes of graphic violence”, or “sexual images”;
  • ratings (BBFC or equivalent); and/or
  • information given in continuity announcements.

1.25: Pay per view services may broadcast up to BBFC 18-rated films or their equivalent, at any time of day provided that mandatory daytime protection is in place pre-2100 and post-0530.

In addition:

  • information must be provided about programme content that will assist adults
    to assess its suitability for children;
  • there must be a detailed billing system for subscribers which clearly itemises
    all viewing including viewing times and dates; and
  • those security systems which are in place to protect children must be clearly explained to all subscribers.

(See meaning of “mandatory daytime protection” above.)

1.26: BBFC R18-rated films must not be broadcast.

Exorcism, the occult and the paranormal

1.27: Demonstrations of exorcisms, occult practices and the paranormal (which purport to be real), must not be shown before the watershed (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). Paranormal practices which are for entertainment purposes must not be broadcast when significant numbers of children may be expected to be watching, or are particularly likely to be listening, or when content is likely to be accessed by children (in the case of BBC ODPS), (This rule does not apply to drama, film or comedy.)

(See Rules 2.6 to 2.8 in Section Two: Harm and Offence and Rule 4.7 in Section Four: Religion.)

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.

(See Rule 2.16 in Section Two: Harm and Offence.)

Principle

To ensure that generally accepted standards are applied to the content of television and radio services so as to provide adequate protection for members of the public from the inclusion in such services of harmful and/or offensive material.

Rules

Generally Accepted Standards

2.1: Generally accepted standards must be applied to the contents of television and radio services and BBC ODPS so as to provide adequate protection for members of the public from the inclusion in such services of harmful and/or offensive material.

2.2: Factual programmes or items or portrayals of factual matters must not materially mislead the audience.

(Note to Rule 2.2: News is regulated under Section Five of the Code.)

2.3: In applying generally accepted standards broadcasters must ensure that material which may cause offence is justified by the context (see meaning of “context” below). Such material may include, but is not limited to, offensive language, violence, sex, sexual violence, humiliation, distress, violation of human dignity, discriminatory treatment or language (for example on the grounds of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation, and marriage and civil partnership), and treatment of people who appear to be put at risk of significant harm as a result of their taking part in a programme. Appropriate information should also be broadcast where it would assist in avoiding or minimising offence.

Meaning of "context"

Context includes (but is not limited to):

  • the editorial content of the programme, programmes or series;
  • the service on which the material is broadcast;
  • the time of broadcast
  • what other programmes are scheduled before and after the programme or programmes concerned
  • the degree of harm or offence likely to be caused by the inclusion of any particular sort of material in programmes generally or programmes of a particular description;
  • the likely size and composition of the potential audience and likely expectation of the audience;
  • the extent to which the nature of the content can be brought to the attention of the potential audience for example by giving information; and
  • the effect of the material on viewers or listeners who may come across it unawares.

Time and scheduling of broadcast are not relevant to the provision of programmes on demand but, for programmes made available on BBC ODPS, context also includes (but is not limited to) the nature of access to the content e.g. whether there are measures in place that are intended to prevent children from viewing and/or listening to the content.

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.

(See Rules 1.11 to 1.13 in Section One: Protecting the under-eighteens.)

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.

(See Rule 1.13 in Section One: Protecting the under-eighteens.)

Exorcism, the occult and the paranormal

2.6: Demonstrations of exorcism, the occult, the paranormal, divination, or practices related to any of these that purport to be real (as opposed to entertainment) must be treated with due objectivity.

(See Rule 1.27 in Section One: Protecting the under-eighteens, concerning scheduling restrictions.)

2.7: If a demonstration of exorcism, the occult, the paranormal, divination, or practices related to any of these is for entertainment purposes, this must
be made clear to viewers and listeners.

2.8: Demonstrations of exorcism, the occult, the paranormal, divination, or practices related to any of these (whether such demonstrations purport to be real or are for entertainment purposes) must not contain life-changing advice directed at individuals.

(Religious programmes are exempt from this rule but must, in any event, comply with the provisions in Section Four: Religion. Films, dramas and fiction generally are not bound by this rule.)

Meaning of "life-changing"

Life-changing advice includes direct advice for individuals upon which they could reasonably act or rely about health, finance, employment or relationships.

Hypnotic and other techniques, simulated news and photosensitive epilepsy

2.9: When broadcasting material featuring demonstrations of hypnotic techniques, broadcasters must exercise a proper degree of responsibility in order to prevent hypnosis and/or adverse reactions in viewers and listeners. The hypnotist must not broadcast his/her full verbal routine or be shown performing straight to camera.

2.10: Simulated news (for example in drama or in documentaries) must be broadcast in such a way that there is no reasonable possibility of the audience being misled into believing that they are listening to, or watching, actual news.

2.11: Broadcasters must not use techniques which exploit the possibility of conveying a message to viewers or listeners, or of otherwise influencing their minds without their being aware, or fully aware, of what has occurred.

2.12: Television broadcasters must take precautions to maintain a low level of risk to viewers who have photosensitive epilepsy. Where it is not reasonably practicable to follow the Ofcom guidance, and where broadcasters can demonstrate that the broadcasting of flashing lights and/or patterns is editorially justified, viewers should be given an adequate verbal and also, if appropriate, text warning at the start of the programme or programme item.

Broadcast competitions and voting

2.13: Broadcast competitions and voting must be conducted fairly.

2.14: Broadcasters must ensure that viewers and listeners are not materially misled about any broadcast competition or voting.

2.15: Broadcasters must draw up rules for a broadcast competition or vote. These rules must be clear and appropriately made known. In particular, significant conditions that may affect a viewer’s or listener’s decision to participate must be stated at the time an invitation to participate is broadcast.

2.16: Broadcast competition prizes must be described accurately.

(See also Rule 1.30 in Section One: Protecting the under-eighteens, which concerns the provision of appropriate prizes for children.)

Note: For circumstances in which audience participation or interaction with programming (including broadcast competitions and voting) may involve a cost to the viewer, television broadcasters should also refer to Rules 9.26 to 9.30. Radio broadcasters should refer to Rules 10.9 and 10.10.

Meaning of “broadcast competition”

A competition or free prize draw featured in a programme in which viewers or listeners are invited to enter by any means for the opportunity to win a prize.

Meaning of “voting”

Features in a programme in which viewers or listeners are invited to register a vote by any means to decide or influence, at any stage, the outcome of a contest.

Ofcom exists to prevent audiences from being harmed by media products.

Imitable behaviour could physically harm the audience.

LNWH does not include anything imitable therefore being safe.

Cannot recruit for a religion.

Not allowed to demonstrate exorcism or paranormal activity.

End of audience theory- Clay Shirky 

-Audiences are no longer passive- they interact with media products

Henry Jenkins fandom theory that can create their own theories.

- Engagement with LNWH is through a traditional way

- LNWH doesn't exist anymore due to small listener numbers

- Competition affected the longevity of LNWH

- YOU CANT APPLY THIS THEORY TO THE LNWH

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