Freedom of Information

I wanted to know what terms of reference were used to the acceptability surveys.

Ofcom Ref 1-182883651 Wrote:Reference: 1-182883651
22 July 2011

Dear
Many thanks for your request for information from Ofcom, which we received on 4 July 2011
You said: What were the terms of reference for the 2005 and 2009 surveys into language and sexual imagery (Language and Sexual Imagery in Broadcasting: A contextual Investigation by the Fuse Group Sept 2005 and Attitudes towards sexual material on television by Opinion Leader June 2009). Include formal terms of reference, requirements and any variations.
The background and research objectives of each survey are included in the report.
Ofcom produced a research brief/ tender document for each survey before commissioning an agency to conduct the research. This outlines the requirements of the survey and is essentially the formal terms of reference in each case.
Please find attached at Annex A the briefs for each survey.
If you have any queries then please contact information.requests@ofcom.org.uk. Please remember to quote the reference number above in any future communications. Please ensure that when using the provided information in any way, including publishing the information, you comply with all relevant legislation. For example, the information provided may be protected by copyright under the Copyright, Designs and Patents Act 1988 (as amended). If in doubt, please seek independent legal advice.
Yours sincerely

Ref 1-182883651

Annex A 2005 Terms of Reference

Quote:Survey into language and sexual imagery (Language and Sexual Imagery in Broadcasting: A contextual Investigation by the Fuse Group Sept 2005

Extracted out of a glossy PDF

Quote:Research brief for qualitative audience research
Swearing and sexual imagery pre and post watershed
August 2004

Introduction
•Ofcom is the new regulator for the UK communications industries, with responsibilities for television, radio, telecommunications and wireless communications services.
•In terms of broadcasting it replaces the Broadcasting Standards Commission (BSC), the Independent Television Commission (ITC) and the Radio Authority (RA).
•In 2005 Ofcom will publish a new code for broadcasting. Revisions to the code are currently in a period of public consultation
•(See http://www.ofcom.org.uk/consultations/cu...e/?a=87101)
•As part of a programme of research investigating programme code issues, Ofcom is seeking to carry out qualitative audience research regarding swearing and sexual imagery pre and post watershed, and is inviting tenders from agencies for conducting the research

Broad research issues
Swearing
•We want to establish a contextual barometer of each/all swear words (high to low offence) and gain an understanding of generally acceptable words/phrases
•Understand how reactions/level of offence differs pre and post watershed
•Understand how reactions/level of offence differs by context
•Understand how reactions/level of offence differs by sub group, including different religious, ethnic, disability and sexuality representations

Sexual imagery
•Investigate attitudes/opinions towards sexual imagery both pre and post watershed
•Gain an understanding of generally accepted standards of sexual imagery
•Understand how reactions/level of offence differs pre and post watershed
•Understand differences in channel/platform e.g. PSB versus cab/sat –free to air versus encrypted
•Specifically investigate pop culture and pop videos as an area of interest
NB: the focus is on imagery not plot lines

Radio
Please note, we also need to cover off radio (music lyrics and presenters), although radio has no watershed. We therefore need to explore reactions to different times of day e.g. school run versus later evening

Research
•There has been research conducted in these areas (2000) but new research is required to build upon this dataset of existing responses about what is of concern –or not -to viewers about swearing and sexual imagery:
–Pre and Post watershed (and different day parts to cover off radio)
–Is the concern specific to television, other media or daily life more generally?
–Do opinions differ by context, channel, socio-demographic group
–Are there differences between TV and radio
–What do viewers think should be the appropriate regulatory or broadcaster response (if any) once they are taken through the options and their consequences?
•The successful agency will have access to the above Ofcom’s reports, and it is desirable that the successful agency makes full use of it in fieldwork preparation

Sample and methodology
We are interested in covering a board range of groups to maximise learnings:
•Male/female
•Parents/Non parents
•Younger (15+)/older people
•Urban/rural
•Ethnic/minority groups
•All respondents to be regular TV viewers with some radio listeners
•Multl-channel households to be represented
•Should also include a spread of attitudes towards swearing and sexual imagery (from liberal to conservative)
Initially we require a qualitative investigation (Groups and Depths)
We may also require a later quantification of key areas of interest –please cost for this separately based on a broad specification as exact detail are unknown at this stage

Timetable and budget
Timetable
•Qualitative fieldwork to begin asap
•Results written up by mid –end of October if possible
•Agencies must be potentially available to attend a briefing meeting at Ofcom week commencing 31stAugust (Bank Holiday week)
Budget
•Please advise on qualitative and quantitative budgets separately.

[Next Steps]
•Please send 2 paper copies and one electronic copy of your proposal to:
Head of Research
Market Research, Sixth Floor
Ofcom
2a Southwark Bridge Road
London SE1 9HA
bymidday Thursday 26thAugust
•Meetings will be held with prospective suppliers during the following week, with a final decision being made shortly thereafter. This decision will be made on the following criteria:
–Evidence of understanding the underlying requirements from this research and demonstration of how these requirements will be achieved
–Relevant experience
–Proven ability to meet deadlines and follow timescales
–Cost and value for money
–Excellence in project management skills/experience of the project team
–Agreement with Ofcom’sTerms and Conditions
–Added value
•If you have any queries about this research brief please contact.

Ref 1-182883651

Annex A 2009 Terms of Reference
13 pages this time and they quote extensively from the Code. Not that they are dropping a big hint about what outcome they want.

Quote:Appendix 6: Specification of Requirements
Broadcasting Code research: Research into audience attitudes towards sexual imagery on television
23rd February 2009

Background
•Ofcom is required under the Communications Act 2003 to draw up, and from time to time revise, a code for television and radio, covering standards in programmes, sponsorship and privacy. Following extensive public consultation and research Ofcom‟s first Broadcasting Code (“the Code”) came into effect on July 25 2005. The Code is set out within a framework of European legislation –the Television without Frontiers Directive and Article 10 of the European Convention of Human Rights. By the end of 2009, Ofcom must ensure that its rules comply with the new European framework, set out in the Audiovisual Media Services Directive.
•Since the Code was established, the industry and regulatory environment in which it operates have undergone many changes. Ofcom is currently reviewing the Code according to these changes and will be undertaking a public consultation from June 2009. The purpose of the Code Review project is to ensure that the Code remains fit for purpose and will consider whether changes should be made to the Code beyond those required under AVMS.
•As part of the review Ofcom wishes to investigate public attitudes towards sexual imagery broadcast on television. Research is required to establish current levels of tolerance and offence among different demographic groups within the population, assessing how perceptions differ by type of content/genre, channel, location on epg, transmission time (including pre and post watershed), platform etc. This research will help Ofcom in its decision making when investigating complaints and breaches of the Code.
•A new rule dealing with free-to-air unencrypted adult material broadcast after the watershed(eg adult programmes examining topics of a sexual nature;trailers for encrypted services etc.) is also being considered.Research among viewers is required to establish viewers understanding and expectations in this area in order to inform the development of the new rule.
•Ofcom‟s Broadcasting Code can be found at: http://www.ofcom.org.uk/tv/ifi/codes/bcode/.
•Ofcom‟s previous research in this area (conducted in 2005 to inform the Code development) can be found at: http://www.ofcom.org.uk/research/radio/r...nguage.pdf

Key areas of Broadcasting Code Rules relevant to sexual imagery (1)
Section 1: Protection of the Under-Eighteens
Principle
To ensure that people under-eighteen are protected:
Scheduling and content information:
1.1 Material that might seriously impair the physical, mental or moral development of people under eighteen must not be broadcast.
1.2 In the provision of services, broadcasters must take all reasonable steps to protect people under eighteen. For television services, this is in addition to their obligations resulting from the Television Without Frontiers Directive (in particular, Article 22, see Appendix 2).
1.3 Children must also be protected by appropriate scheduling from material that is unsuitable for them.
1.4 Television broadcasters must observe the watershed.
[They left out 1.5]
1.6 The transition to more adult material must not be unduly abrupt at the watershed or after the time when children are particularly likely to be listening. For television, the strongest material should appear later in the schedule.
1.7 For television programmes broadcast before the watershed, or for radio programmes broadcast when children are particularly likely to be listening, clear information about content that may distress some children should be given, if appropriate, to the audience (taking into account the context).

Key areas of Broadcasting Code Rules relevant to sexual imagery (2)
Section 1: Protection of the Under-Eighteens
Sex
1.17 Representations of sexual intercourse must not occur before the watershed, or when children are particularly likely to be listening, unless there is a serious educational purpose. Any discussion on, or portrayal of, sexual behaviour must be editorially justified if included before the watershed, or when children are particularly likely to be listening, and must be appropriately limited and inexplicit.
Nudity
1.18 Nudity before the watershed must be justified by the context.

Key areas of Broadcasting Code Rules relevant to sexual imagery (3)
Section 1: Protection of the Under-Eighteens
Films, premium subscription film services, pay per view services, adult sex material on premium subscription services
1.20 No film refused classification by the British Board of Film Classification (BBFC) may be broadcast unless it has subsequently been classified or the BBFC has confirmed that it would not be rejected according to the standards currently operating.
1.21 BBFC 18-rated films or their equivalent must not be broadcast before 2100 on any service (except for pay per view services), and even then they may be unsuitable for broadcast at that time.
1.22 Premium subscription film services may broadcast up to BBFC 15-rated films or their equivalent, at any time of day provided: there is a protection system (a mandatory PIN or other equivalent protection) pre-2000 and post-0530, that seeks satisfactorily to restrict access solely to those authorised to view when material other than BBFC U-rated or PG-rated or their equivalents is shown; and those security systems which are in place to protect children are clearly explained to all subscribers.
1.23 Pay per view services may broadcast up to BBFC 18-rated films or their equivalent, at any time of day provided:
there is a protection system pre-2100 and post-0530 (a mandatory PIN or other equivalent protection), that seeks satisfactorily to restrict access solely to those authorised to view when material other than BBFC U-rated or PG-rated or their equivalents is shown; information is provided about programme content that will assist adults to assess its suitabilityfor children; there is a detailed billing system for subscribers which clearly itemises all viewing including viewing times and dates; and those security systems which are in place to protect children are clearly explained to all subscribers.
1.24 Premium subscription services and pay per view/night services may broadcast "adult-sex" material between 2200 and 0530 provided that in addition to other protections mentioned above: there is a mandatory PIN protected encryption system, or other equivalent protection, that seeks satisfactorily to restrict access solely to those authorised to view; and there are measures in place that ensure that the subscriber is an adult.
1.25 BBFC R18-rated films or their equivalent must not be broadcast.

Key areas of Broadcasting Code Rules relevant to sexual imagery (4)
Section 2: Harm and offence
Principle
To ensure that generally accepted standards are applied to the content of television and radio services so as to provide adequate protection for members of the public from the inclusion in such services of harmful and/or offensive material.
Rules
2.1 Generally accepted standards must be applied to the contents of television and radio services so as to provide adequate protection for members of the public from the inclusion in such services of harmful and/or offensive material.
2.3 In applying generally accepted standards broadcasters must ensure that material which may cause offence is justified by the context (see meaning of "context" below). Such material may include, but is not limited to, offensive language, violence, sex, sexual violence, humiliation, distress, violation of human dignity, discriminatory treatment or language (for example on the grounds of age, disability, gender, race, religion, beliefs and sexual orientation). Appropriate information should also be broadcast where it would assist in avoiding or minimising offence.

Research objectives: Sexual imagery
Overall
•To gain an understanding of generally accepted standards of sexual imagery on television
•To establish viewers' expectations/understanding/perceptions in relation to a range of sexual imageryin order to understand what is and what is not acceptable
•To establish a detailed contextual understanding of public levels of acceptability/offence towards a range of sexual materials, establishing how perceptions differ by type of content/genre, channel, location on epg, transmission time (pre and post watershed), platform etc. The research should also seek to establish how levels of tolerance/offence differ by different (demographic) groups of viewers
•To assess whether in viewer opinion the Code rules and guidelines are sufficiently clear for broadcaster interpretation and, if necessary to make suggestions to reduce the „grey areas‟ that leave the Code open to broad interpretation
•To review possible amendments/additions to the Code regarding free-to-air unencrypted adult material broadcast after the watershed(eg adult programmes exploring topics of a sexual nature;trailers for encrypted services)
Specific
•What are the generally accepted standards in this area in relation to a range of sexual imagery and particularly in relation to the watershed?
•Are concerns specific to television, other media or daily life more generally?
•Is there a need for tighter definitions of unencrypted adult sex material?
•Does the Code provide sufficient guidance to broadcasters regarding content of a sexual nature?
•Is the regulation sufficiently detailed to protect the public?
•How should free to air channel promotions be treated?
•What improvements could be made, if any, to the existing Code rules and guidance?
NB: the focus is on imagery not plot lines

Previous Research
•Ofcom last conducted research in this area in 2005 so new research is required to build upon this and to up-date our current understanding what is of concern –or not -to viewers about sexual imagery on television. This research should be referenced/reviewed as part of this research. This research can be found at http://www.ofcom.org.uk/research/radio/r...nguage.pdf
•The Ofcom Public Service Broadcasting Annual Report 2008 also has an annex on "perceptions and attitudes towards television" –which shows trended data overtime –which may be useful input to this research (pages 198-203). This research can be found at http://www.ofcom.org.uk/tv/psb_review/an.../psb08.pdf
•The successful agency will have full access to the all of the previous research materials.

Methodology
•We require an in-depth qualitative investigation that covers a broad range of respondent types.
•The research should allow clips to be viewed for illustrative/response measurement purposes.
•When reviewing the previous research you will note there was a quantitative element to the methodology. We would be keen to do something similar for this piece of research.
•We aim to conduct research in various locations across the UK -specific locations can be discussed but need to cover both England and the Nations.

Sample
•The range of participants is more important than the number of locations. The number of workshops/groups will depend on the approach selected.
•All respondents should be regular TV viewers. We are interested in covering a broad range of groups to maximise learnings, which include:
–Male/female
–Parents/Non parents
–Younger (15+)/older people
–Urban/rural
–Terrestrial/ multichannel
–Ethnic/minority groups
•There should also be a spread of attitudes towards sex/ sexual imagery (from liberal to conservative)
•The lower age range for the research may need further discussion given the issues of showing/discussing sexual materials with younger people

Timings and Output
Proposed timings:
•Brief sent to agenciesw/c 23rd Feb
•Proposals required Friday 6thMarch
•Agency presentations if required:w/c 9thMarch
•Proposed Award DateFriday 13thMarch
•Project set upw/c 16thMarch
•Recruitment w/c 23rdMarch
•Fieldwork startsw/c 30thMarch
•Fieldwork endw/c 6thApril
•Analysisweeks 13thand 20thApril
•Debriefw/c 27thApril
•Final report w/c 11thMay

Project Output
•The agency would be required to
–design a detailed discussion guide and relevant exercises to use in the groups
–communicate results as a Powerpoint presentation
–provide a written report

Extra Slides

Extra Slide 1: More details from Broadcasting Code
Meaning of "appropriate scheduling":Appropriate scheduling should be judged according to:
•the nature of the content;
•the likely number and age range of children in the audience, taking into account school time, weekends and holidays;
•the start time and finish time of the programme;
•the nature of the channel or station and the particular programme; and
•the likely expectations of the audience for a particular channel or station at a particular time and on a particular day.
Meaning of "the watershed":The watershed only applies to television. The watershed is at 2100. Material unsuitable for children should not, in general, be shown before 2100 or after 0530.
•On premium subscription film services which are not protected as set out in Rule 1.22, the watershed is at 2000. There is no watershed on premium subscription film services or pay per view services which are protected as set out in Rule 1.22 and 1.23 respectively.
Meaning of "children":Children are people under the age of fifteen years.
Meaning of "when children are particularly likely to be listening":This phrase particularly refers to the school run and breakfast time, but might include other times.
Meaning of "context":
Context includes (but is not limited to):
•the editorial content of the programme, programmes or series;
•the service on which the material is broadcast;
•the time of broadcast;
•what other programmes are scheduled before and after the programme or programmes concerned;
•the degree of harm or offence likely to be caused by the inclusion of any particular sort of material in programmes generallyorprogrammes of a particular description;
•the likely size and composition of the potential audience and likely expectation of the audience;
•the extent to which the nature of the content can be brought to the attention of the potential audience for example by givinginformation; and
•the effect of the material on viewers or listeners who may come across it unawares.

In the above post, section 1.25, my question is "why"?
In their Code, Ofcon list the reason as "protection of children" but one senior employee let the cat out of the bag a few months ago in a newspaper interview by saying that R18 material was "inappropriate", with no reference at all to child protection.

We all know what they are doing; using any argument to suit their own agenda.

If they wanted to know what the public genuinely thought what the rules are is irrelevant. By telling survey compmaies the rules they invites them to skew the 'impartial' survey. A proper double-blind survey would make no mention of current rules. Instead they would say what issues they wanted covered in a very neutral way.

Mandy, they always skew the surveys by asking loaded/leading questions. And when that tactic fails to return the preferred responses...OFCOM simply choose to IGNORE those responses.

Blackjaques is also correct. The Comms Act doesn't require, order or allow OFCOM to do anything about "harmful and/or offensive material". The wording in section 319(2) is quite clear that OFCOM "are to provide adequate protection...from the inclusion of offensive and harmful material" - there's no implied 'or' and it certainly doesn't say or mean "harmful and/or offensive" as OFCOM choose to apply it. It says and means "offensive AND harmful material" which has a legal definition in 'hate speech' and 'obscenity' which OFCOM SHOULD be applying. When read correctly and in conjunction with TVWF 22(a)&(b) and, indeed, the HRA 1998, the Comms Act CAN be made compliant with the laws that exist to safeguard our rights and freedoms from unnecessary interferrence. OFCOM have provided NO COMPELLING EVIDENCE OF NECESSITY (i.e. harm) to ban anything and indeed, by applying a '(pre)cautionary approach' they are in fact ADMITTING there is NO COMPELLING EVIDENCE OF NECESSITY and thus they are clearly acting against the terms of the HRA, TVWF and the Comms Act.

OFCOM are in EXACTLY the same position as the BBFC were in 2000 when they were ORDERED by the High Court to allow hardcore at R18 BECAUSE all the expert testimony showed hardcore porn to be HARMLESS TO CHILDREN WHO MIGHT ACTUALLY SEE IT!

How OFCOM can be allowed to impose a clearly unnecessary ban; impose draconian sanctions on the broadcast of utterly harmless material; and demand mandatory PIN on anything after 9pm; simply brings the law into disrepute and waves two fingers at the legal precedents set here and in Europe.