Complaints about newspapers or magazines and their websites are channelled through a watchdog. A new watchdog began operating in 2014 – the Independent Press Standards Organisation – replacing the PCC.
In the UK, we have a relatively free press with no state controls on who can own or run publications. Print journalism does not have a requirement to be impartial like that of broadcast.
The newspaper and magazine industry established the PCC in 1991 to keep the threat of statutory regulation at bay. It did however, regulate the conduct of journalists and editors, and operated a free and relatively fast service to deal with complaints. Disclosure of the phone-hacking by News of the World killed the PCC and affirmed critics’ views of its ineptness however.
Leveson called for a new regulator – more independent of the industry than the PCC, with investigatory powers and the power to fine. IPSO will have the contractual power to fine up to a maximum of £1 million and will have a committee made up of not only editors but people outside of the industry as well. This is dissimilar to the Editors’ Code of Practice which was overseen by the PCC.
Stages of complaint:
An aggrieved person should complain first to the relevant editor
If they remain dissatisfied, they should then contact IPSO
Private or published apology enough? Intervention before publication? Financial penalty?
There are public interest exceptions to the ethical codes for journalists’ protection.
‘There is public interest in freedom of expression itself’
Clause 1: A significant inaccuracy, misleading statement or distortion must be corrected promptly, and any correction or apology must be given due prominence. The press must distinguish clearly between comment and fact.
Clause 2: A fair opportunity for reply to inaccuracies must be given.
Clause 5 states that reports of suicides should avoid giving excessive detail about the method used.
Journalists should normally be open when seeking information, making clear that they are the press. This means that normally photography or filming must be done openly and that eavesdropping will breach the code. The code says that such subterfuge should only be used when an open approach would not work, even when a public interest exception applies.
In the UK, it is legal for one party to record a phone call even if the other is not aware it is being done.
Broadcast regulation
Television and radio journalism is regulated by statute. Ofcom, an independent regulator, states broadcasters must be impartial when covering politics and social issues, and must be accurate, treat people fairly, respect privacy and avoid causing harm and offence. Ofcom licenses are granted for set durations and can be renewed. The BBC is not only subject to the Ofcom code but has a system of self-regulation.
Ofcom cannot shorten, suspend or revoke the licenses of the BBC, S4C or Channel 4; they are public service broadcasters. The body can fine up to a maximum of £250,000 or 5% of the broadcaster’s qualifying revenue.
Section1: protecting under-18s (TV watershed, radio limitations)
Section 2: avoiding harm and offence (*photosensitive epilepsy)
Section 3: covering crime
Section 4: covering religion
Section 5: due impartiality and due accuracy and undue prominence of views and opinions
Section 6: covering elections and referendums
Section 7: fairness (informed consent)
Section 8: protecting privacy
Section 9: commercial references in TV
Section 10: commercial communications in radio
Impartiality means not favouring one side over another – ‘due’ means adequate or appropriate to the programme’s subject or nature.
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