Page 295 - Law and the Media

Law and the Media
In any cases raising issues beyond these three definitions the PCC will require a full
explanation by the editor of the publication involved, seeking to demonstrate how the public
interest was served.

17.4 Broadcasting: semi self-regulation

Television and radio in the twenty-first century is one of the most sophisticated industries
known to the world. Unfortunately, in the United Kingdom the system by which broadcasting
is regulated has been left behind by the technology. The regulation system is unwieldy and far
from efficient. Apart from the Broadcasting Standards Commission, there is the Independent
Television Commission and the Radio Authority. All have authority to handle complaints.

However, this is all about to change. On 12 December 2000, the government published a
communications White Paper designed to bring coherence to the regulation of the converging
industries of communications and broadcast media. The White Paper proposes a new super-
regulator called the Office of Communications (Ofcom), which will bring together the
Broadcasting Standards Commission, the Independent Television Commission, the Radio
Authority, the Radiocommunications Agency, and Oftel. According to the government, Ofcom
will:

. . . promote competition in telecommunications and broadcasting [and] regulate
television and radio by means of a new framework which will allow flexibility for
industry whilst fully meeting the expectations of viewers and listeners and
maintaining high levels of quality and diversity.

The government has indicated that Ofcom will be ‘independent’ but will work closely with the
Department of Trade and Industry and the Department for Culture, Media and Sport.

Pending the establishment of Ofcom, expected to take place in 2003, regulation of broadcast
media remains in the hands of the bodies described below.

The Broadcasting Act 1996 gives the government power over television and radio. The
Broadcasting Standards Commission is accountable to Parliament. As such, regulation of
broadcasting is not a ‘self-regulating’ authority like that of the Press Complaints
Commission.

17.5 The Broadcasting Standards Commission

17.5.1 History

Broadcasting companies in Britain managed for many years to escape the widespread public
distrust with which the press have historically been associated. Although they have never been
above criticism – for example, Winston Churchill complained about political bias at the BBC
as long ago as 1953 – somehow both the BBC and independent television and radio were
always regarded as being above the more criticized practices of the popular newspapers.
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