(17-12-2010 11:32 )beller Wrote: Just to let you know that, for what it's worth, I have now made an official Freedom of Information Act 2000 request to see what Ofcom's "generally accepted standards" are and who decides on them. They are legally bound to reply by 17th January 2011.
I encourage everyone else here to do the same. It's easy to do via the http://www.whatdotheyknow.com/ website.
I have also written to my MP this morning to ask her to follow up the sudden change in "generally accepted standards" which has been imposed upon the Babe Channels as from today. A sudden change in generally accepted standards sounds like a contradiction in terms to me.
Notice too that this publicly accountable, publicly funded organisation has imposed these changes without any public announcement.
Maybe the Daily Mail apoplectics are the public announcement. They seem to follow each other remarkably closely.
Good luck to you. You might also like to ask them for guidelines that they have sent to channels recently. If they argue that these are covered by commercial sensitivety please say, as no way can the same information sent to every industry operator in the sector be confidential.
And yes, normally they consult for 3 months before announcing a change and hide behind "research" that is clear as mud. Be interesting to know exactly what the status of these new "guidelines" is. There do not appear to be any changes to the Broadcasting Code in the pipeline, and nothing else has any other legal significance that an indication of how things
might go.
While on the subject of consultations, these were announced today. Please nobody suggest that Ofcom are being devious and decitful by sneaking these out on the last Friday before Christamas:
Procedures for handling appeals on scope and for imposing sanctions in relation to On-Demand Programme Services
Revising the penalty guidelines
Dispute Resolution Guidelines - Ofcom’s guidelines for the handling of regulatory disputes
The Penalties one says:
"The central objective of imposing a penalty is deterrence. The amount of any penalty must be sufficient to ensure that it will act as an effective incentive to compliance."
and
Factors include ... duration ... gain ... steps to remedy contravention ... history of contravention ... preventative steps ... whether intentional or reckless ... extent to which senior management ought to have known
and most worryingly
"The extent to which the level of penalty is proportionate, taking into account the size and turnover of the regulated body."
~ not proportionate to the offence, but proportionate to turnover.
Imagine if a speeding fine depended on your wages not your speed.
Somehow I doubt that th BBC will be fined 1000x more than, say, Elite, for broadcasting a "Fuck".
And "history of contravention" is bollocks because fines are only resorded to because of a history of contravention. Unless the mean finally getting round to fining the BBC for transmitting Fs during the daytime repeatedly (check it out, they really are the worst offenders, its the music festivals).