OFCOM GUIDANCE ON PROTECTING UNDER 18s IN PROGRAMMES

Don’t draw a line under that list of new year resolutions. Broadcasters and programme makers may need to add a few if Ofcom’s new guidance on protecting the under 18s in programmes, published on 12 December, slipped under their radar at the close of 2007.

The new guidance supports the existing Ofcom Broadcasting Code rules with regard to protecting the under 18s and its real impact will be in the area of participation of under 18s in programmes (rules 1.26 and 1.27). Rule 1.26 requires due care to be taken over the physical and emotional welfare and dignity of participants under 18 and rule 1.27 states that under 18s must not be caused unnecessary distress or anxiety by their involvement in programmes or by their broadcast.

So what’s new in the guidance? The broad principles in rules 1.26 and 1.27 remain unchanged but the guidance is fairly prescriptive as to how broadcasters should ensure compliance, setting out a number of recommendations. These include (depending on genre and level of participation):

• Development of clear guidelines for production staff
• Appropriate background checks on participants’ social, family, health and educational circumstances and a thorough risk assessment
• Providing full information as to positive and negative consequences of participation to children ( in child-friendly language) and parents or guardians to ensure informed consent
• Seeking advice from an appropriately qualified professional e.g. child psychologist
• Ensuring a single point of contact to oversee the child’s welfare throughout production
• Careful consideration of the programme format and its likely impact on the participant.

Hopefully, broadcasters (and their suppliers) are already doing some of the above. However, they may well find that their existing procedures fall far short of what the new guidance requires.

What background checks are carried out on participants’ social, family, health and educational circumstances and how thorough do these need to be? How much information is currently given to participants under 18 (and their parents/guardians) about the negative and positive consequences of participation? Is there a single point of contact for all welfare issues? Should participants be allowed to view the edited programme prior to transmission? What procedures are there for monitoring consequences of participation post-transmission? These are just some of the questions broadcasters and programme makers need to be asking themselves. Most interestingly, the Ofcom guidance suggests that “springing high –impact surprises on under eighteens in “live” or “as live” programmes where conflict or highly emotional situations may be involved could cause harm and/or distress”. Is this a clear signal that participation in certain genres or formats will always be off-limits for under 18s irrespective of the robustness of the broadcaster’s policies and procedures?

Broadcasters and programme makers need to review the new guidance against their existing policies and procedures, identify any shortcomings and put in place measures to address them. This will be a time-consuming process and, given that the guidance is not legally binding, broadcasters may be tempted to ignore the recommendations. They will do so at their peril. The guidance will not just be relevant in determining any breach of the Broadcasting Code but is likely to be used by a court to determine whether reasonable care has been taken by a broadcaster in involving a participant in a programme. Will 2008 usher in the first action in negligence by a parent or former participant alleging harm and loss as a result of participation in a reality format?

This blog was first published on www.broadcastnow.co.uk in January 2008. Please note the above article reflects the Ofcom guidance as at January 2008 and has not been updated to reflect any subsequent additions or changes in the guidance.