Note: the afternoon after this post went live, two excellent case studies arose. So as not to direct you to any particular news sites and unwittingly subject you to bias, I'd suggest you do online searches for 'Ofcom Channel 4 ice sculpture' and 'CBS Channel 5 Ofcom' if you'd like to see two up-to-the-minute examples of Ofcom in action. - RUT1, 29/11/19 You don't need me to tell you that the media is an exceptionally powerful tool - and it is only getting stronger. Those seeking to send a message, be it via TV, radio, the Internet or any of a whole host of delivery methods, have increasing numbers of tools to do so; tools that are getting ever better at reaching larger and larger audiences.
It is also an exceptionally empowering tool. Ordinary people like you and I have control over the media like never before and even have ways of sharing our own message with the masses, thanks especially to the Internet and mobile devices.
This is all well and good - but what happens if something sent via the mass media is untrue or hurtful or encourages negativity? What if a media message in some shape or form causes bad things to happen as a consequence of its transmission, like a crime?
You can't do anything, right?
Wrong.
Did you know that, never mind complaining about what you've seen on TV or heard on the radio, you could even cause a presenter to lose their job or a show to be cancelled altogether? That's an extreme example but let me explain how it might come about:
Media industries are regulated, and each industry has a regulator. Some regulators look after multiple industries while some are specialised to just one. We've already met some regulatory bodies: the film industry has the BBFC and the gaming industry has PEGI, for example.
TV, radio and even the Internet, meanwhile, all fall under the umbrella of the Government Office for Communications - or Ofcom, for short.
The key document is the Ofcom Broadcasting Code. It's quite the read at 156 pages and you are absolutely not expected to read it! It would help, however, to know the ten key areas that Ofcom monitors. Ofcom grants licenses to the companies who wish to broadcast on the UK media that fall under its remit - and in extreme circumstances it can withdraw those licenses if a broadcaster falls short of the standards.
In order to ensure that they don't fall foul of Ofcom's standards, every broadcaster in and of themselves has a broadcast code. Quite often, elements of this code sound very similar to Ofcom's or even take its rules and expectations a step further.
Summarised, Ofcom ensures that programmes:
1) Protect Under 18s;
2) Avoid causing offence or harm to audiences;
3) Avoid encouraging or inspiring acts of crime, disorder, hatred or abuse;
4) Handle religion sensitively as a topic and, where the programme is religious (e.g. Songs of
Praise, local radio faith shows) that it does not recruit new worshippers;
5) Are impartial and accurate in how they present the news, not giving more coverage of one opinion over the other (unless an opinion would break one of the other rules);
6) Give fair coverage to political candidates during elections and referendums whilst following careful rules about what they may or may not say;
7) Treat organisations and individuals fairly, giving them right to expression and reply and also being careful not to deceive, mislead or entrap to achieve outcomes or information;
8) Do not infringe on the privacy of audiences and organisations, especially when carrying out investigative journalism;
9) Do not (on television) try to advertise within programmes via product placement or inappropriate sponsorship or try to advertise inappropriate products to children; where a show has phone-in votes or charity donations, Ofcom also monitor these to ensure they are carried out fairly and legally.
Note that adverts more generally fall under the remit of the ASA. More on them another time!
10) The same as 9, but on radio, as different techniques are used given the lack of visuals in radio programming.
If a viewer or listener feels that a programme has broken a rule, they can make a complaint. As the BBC is publicly funded by the TV License, complaints about its content must first go through the BBC procedures. Only then can it be raised to Ofcom if the plaintiff remains unsatisfied.
For all other media outlets, audiences can complain directly to Ofcom in the first instance, although most major outlets have a complaints procedure of their own that they'd prefer you to follow.
Ofcom then makes a decision as to whether or not to investigate - this decision is not based on how many people have complained as a single complaint is enough - and what sanctions to apply to the broadcaster if they are found to be in breach.
Rarely does this mean a suspension of license. Normally, it means a penalty or fine for the broadcaster, steps to address the complaint and steps to ensure it doesn't happen again.
The broadcaster may then choose to take its own action internally such as sanctioning or even dismissing employees or cancelling shows. Like I said: viewer complaints can genuinely jeopardise or even end careers and programmes.
Very recently at the BBC, the newsreader Naga Munchetty faced investigation after viewers complained about remarks she made about Donald Trump. In a back-and-forth case of complaint and counter-complaint, she was sanctioned by the BBC for breaking code and then later cleared. Notably, as per BBC procedure, the entire situation was handled in-house but could have been referred to Ofcom.
It might go some way to explaining why the BBC rarely features in Ofcom's Top 10 each year but ITV is disproportionately represented, claiming 7 of the top 10 spots last year. Complaints have been made, for example, about ITV's reality shows like X-Factor, Love Island, Britain's Got Talent or I'm A Celebrity, whether about the treatment of contestants, behaviour of judges or phone in votes not being counted properly or even allegedly rigged. ITV's soap storylines and talk-show content also draw significant complaint. It's been an even worse year for ITV this year, with the death of a guest on The Jeremy Kyle Show leading to its cancellation. Though it's a decision that was likely made even before the complaints rolled in, you can bet that those assured ITV bosses they had done the right thing.
Channel 4, notably absent from the top 10, has faced complaints as well, but a smaller, less mass-appeal viewership might explain this. That said, it might well make the list next year thanks to complaints about The Tribe Next Door and Smuggled.
It's a surprise, then, that far and away the most complained about show for 2018 wasn't from one of the 'big four' channels but Channel 5. Celebrity Big Brother drew in over 27,000 complaints, almost a hundred times more than the show in 10th place, and even more stark when you consider fewer than a million people tuned in for the final series.
You read that right: final series. The show had fallen from a high of almost 3m viewers since moving to Channel 5, but the fact that 3% of the viewership complained surely added to the show's demise.
We'll leave you to do your own research and work out which of Ofcom's rules those shows were felt to have broken in each case, but each of those situations started with a viewer complaint (or several!) and led to investigations, changes in working and even the discipline or dismissal of staff or the ending of programmes.
Like I said: our influence over the media is a powerful and growing one!