Ofcom Consultations

An example of dual standards is that while broadcasters have to abide by strict timescales, Ofcom do not. They only aim to do so.

A 2 bit broacaster faced with staff turnover, the VAT inspector and annual holidays has to drop everything to complete a comprehensive and legally watertight response, trawling through the massive and incomprehensible "rulebook" (Rule, Guidelines, previous Bulletins, Sanctions) in 20 days. The massive well staffed organisation the Ofcom is can choose what to prioritise, is large enough for demand to average out and can move resources around, but they get longer if they feel like it, and dont even have to explain why or ask permision from a higher authority.

Also while complaints should normally be submitted in so many days of the broadcast, Ofcom will consider older ones if it feels like it. Again, no need to explain why, invoke exceptional public interest due to the serious nature, or get special permission. They can just do it if they feel like it.

By contrast you can be photographed by Lord Litchfield driving past a Traffic Warden Training School at double the speed limit, and the courts cannot touch you if the speeding ticket is not issued in 30 days.

Revising Penaty Guidelines

Ofcom has finished deliberating and published its response. Some responses have been redacted. Basically Ofcom will do exactly what it proposed to do before it consulted, but with slightly cleared guidelines. 2The revised EC Framework has been implemented. Amongst other things, this requires that penalties must be effective, proportionate and dissuasive." Ofcom consulted "the Secretary of State, who confirmed he had no comments to make on our proposals."

Worryingly "A majority of respondents agreed with Ofcom that deterrence should be the central objective in imposing a penalty or had no objections to that approach."

One person suggested that if a broadcaster was genuinely uncertain that their conduct amounted to a breach, that uncertainty should be a mitigating factor. Ofcom rejected that. No matter how unclear, contradictory and voluminous the Ofcom "guidelines" it is the fault of the broadcaster if they get it wrong. A while back Playboy actually got pre-transmission advice about a show and was still found in breach.

I consider, that you are not right. I can prove it. Write to me in PM.

(19-07-2011 17:05 )atoniabaini Wrote:  I consider, that you are not right. I can prove it. Write to me in PM.

Not clear why you want me to PM you. You can PM me your thoughts on the subject if you don't want to air them publicly.