March 16, 2020

Ofcom has published a further consultation on changes to the Broadcasting Code to protect people who participate in TV and radio programmes.

Ofcom says that its work in this area recognises the growing concern in society about mental health and wellbeing, and the increase in complaints made to it about the welfare of people who take part in programmes.

Having carefully considered responses to its first consultation and helpful input from former programme participants, psychiatrists and psychologists, broadcasters, and academics, Ofcom is now seeking feedback on some revisions to its approach.

Ofcom proposes to:

• expand existing safeguards under our fairness rules in Section Seven of the Broadcasting Code: this would include a new requirement for broadcasters to ensure that due care is provided to vulnerable people, as well as those at risk of harm as a result of taking part in a programme;
• strengthen its harm and offence rules under Section Two of the Broadcasting Code: broadcasters would be required adequately to protect viewers and listeners from potential harm or offence arising from the treatment of vulnerable people, or those participants at risk of harm;
• introduce new guidance for broadcasters: this guidance would help broadcasters to comply with these new requirements in practice. It now includes a “risk matrix” which is intended to assist broadcasters when considering what level of care to provide to participants in different editorial situations.

The consultation closes on 14 April 2020, and Ofcom expects to publish its final decisions in the summer. To access the consultation, click here.