[bananarama]

Extract from Ofcom's proposed Broadcasting standards consultation.


Background to proposed Code section 7 - Fairness
1. The regulation of broadcasting regarding fairness is intended to protect those taking part in person in a programme (or who are otherwise directly affected) from being unfairly treated.

2. Section 3(2)(f) of the Act requires Ofcom to apply standards that provide adequate protection to members of the public and all other persons from unfair treatment in programmes. With regard to fairness, Ofcom is required by section 327 of the Act to take over the functions of the BSC contained in part 5 of the 1996 Act (with some exceptions).

3. Particularly, under section 107(1) of the 1996 Act, Ofcom has a duty to draw up a Code giving guidance as to the principles to be observed and the practices to be followed in connection with avoiding unfair and unjust treatment in programmes. The legislation on which the regulation in this area is based is otherwise unchanged from the 1996 Act. The aim of the principle and rules in the proposed Code is therefore, as can be expected, similar to the Code of Guidance issued by the BSC which is currently in force.