Ofcom have been operating an ILLEGAL Code since its publication.
The Communications Act 2003 states:
Quote:319 OFCOM’s standards code
(1)It shall be the duty of OFCOM to set, and from time to time to review and revise, such standards for the content of programmes to be included in television and radio services as appear to them best calculated to secure the standards objectives.
(2)The standards objectives are—
(a)that persons under the age of eighteen are protected;
(b)that material likely to encourage or to incite the commission of crime or to lead to disorder is not included in television and radio services;
©that news included in television and radio services is presented with due impartiality and that the impartiality requirements of section 320 are complied with;
(d)that news included in television and radio services is reported with due accuracy;
(e)that the proper degree of responsibility is exercised with respect to the content of programmes which are religious programmes;
(f)that generally accepted standards are 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 offensive and harmful material;
(g)that advertising that contravenes the prohibition on political advertising set out in section 321(2) is not included in television or radio services;
(h)that the inclusion of advertising which may be misleading, harmful or offensive in television and radio services is prevented;
(i)that the international obligations of the United Kingdom with respect to advertising included in television and radio services are complied with;
(j)that the unsuitable sponsorship of programmes included in television and radio services is prevented;
(k)that there is no undue discrimination between advertisers who seek to have advertisements included in television and radio services; and
(l)that there is no use of techniques which exploit the possibility of conveying a message to viewers or listeners, or of otherwise influencing their minds, without their being aware, or fully aware, of what has occurred.
(3)The standards set by OFCOM under this section must be contained in one or more codes.
(4)In setting or revising any standards under this section, OFCOM must have regard, in particular and to such extent as appears to them to be relevant to the securing of the standards objectives, to each of the following matters—
(a)the degree of harm or offence likely to be caused by the inclusion of any particular sort of material in programmes generally, or in programmes of a particular description;
(b)the likely size and composition of the potential audience for programmes included in television and radio services generally, or in television and radio services of a particular description;
©the likely expectation of the audience as to the nature of a programme’s content and the extent to which the nature of a programme’s content can be brought to the attention of potential members of the audience;
(d)the likelihood of persons who are unaware of the nature of a programme’s content being unintentionally exposed, by their own actions, to that content;
(e)the desirability of securing that the content of services identifies when there is a change affecting the nature of a service that is being watched or listened to and, in particular, a change that is relevant to the application of the standards set under this section; and
(f)the desirability of maintaining the independence of editorial control over programme content.
(5)OFCOM must ensure that the standards from time to time in force under this section include—
(a)minimum standards applicable to all programmes included in television and radio services; and
(b)such other standards applicable to particular descriptions of programmes, or of television and radio services, as appear to them appropriate for securing the standards objectives.
(6)Standards set to secure the standards objective specified in subsection (2)(e) shall, in particular, contain provision designed to secure that religious programmes do not involve—
(a)any improper exploitation of any susceptibilities of the audience for such a programme; or
(b)any abusive treatment of the religious views and beliefs of those belonging to a particular religion or religious denomination.
(7)In setting standards under this section, OFCOM must take account of such of the international obligations of the United Kingdom as the Secretary of State may notify to them for the purposes of this section.
(8)In this section “news” means news in whatever form it is included in a service.
Does anyone remember Ofcom's first unauthorised attack on Babestar?
According to law Ofcom are to ensure the protection of under eighteens. So why is it the channel's fault if a 13yo boy and two friends are found watching Babstar at around 9:10pm by the boy's mother? If this was indeed 'offensive and harmful material' as defined by law (which it wasn't) what 'adequate protections' had Ofcom included or stipulated in their Code?
The law requires that this NEVER happens and it is Ofcom's DUTY to the People of Britain to ENSURE that it DOESN'T. The law doesn't say Ofcom can wait around for someone to complain and then nab the channel. They're supposed to police their licensees to prevent complaints, harm and offence - that's their job as per this law.
It is fraudulent to fine a channel for Ofcom's own failure to fullfil its DUTIES and OBLIGATIONS according to the law. I suspect Ofcom fines the channel in order to pay the fines imposed on Ofcom by the Courts for their failure to live up to their DUTIES AND RESPONSIBILITIES TO THE PUBLIC AND THE LAW as the UK TV Police. However, this may just be an illegal scam, money laundering operation and/or other such fraudulent revenue-generating activity (and who's getting the dosh?).
Ofcom has no Right to issue 'guidance' in their Bulletins because they are NOT AUTHORISED nor QUALIFIED to do so. They cannot understand what the Comms Act DEMANDS of Ofcom let alone how to correct their OWN mistakes.
Ofcom are to publish ONE OR MORE Codes which SHOULD state to the letter what is and is not permitted. Ofcom can only CHARGE a channel for a breach IF it is in CLEAR breach of one or more clauses in their standards Codes - it should NOT rely upon a complaint from the public and an adjudication process. Ofcom are to police broadcasters and prevent breaches before they occur or prosecute breaches as they occur and ALL ACCORDING to their Code.
I worked in Standards for over 10 years - British Standards - Ofcom simply have no concept of what is REQIURED of them. If BSI produced a Standard for seatbelts with as much 'clarity' and 'diligence' as Ofcom then it would likely be safer not to wear it. Moreover, Ofcom would ensure they could clobber the manufacturer for failure to comply with their 'standard' everytime someone died or complained that the seatbelt had failed to prevent injury.
Surely the FIRST 'generally accepted standard' that Ofcom are to apply to contents of programmes must be The Law? If Ofcom choose to interpret "offensive and harmful material" as that which "may cause harm or offence" then they cannot produce a standard for content as required by section 319(1) BECAUSE everyone's concept of what may cause 'harm or offence' is different - hence Ofcom receive a constant stream of complaints for supposed 'breaches' of their Code (which FAILS to set any standards at all) with which to raise cash for their own failure to understand their RESPONSIBILITIES and DUTIES.
What is Ofcom's Standard definition of harm as defined in their Code? What is Ofcom's Standard definition of offence as defined in their Code? Without these STANDARDS how is anyone to know if they are LIKELY to breach the Code and THUS prevent doing so? If Ofcom wish to fine channels according to their Code then, as a principle of law, the channels MUST be able to know before they commit an offence that they will likely be committing an offence under Ofcom Code and avoid doing so or, commit a blatant breach of the Code and be summarily fined or sanctioned as a result.
If the laws of the UK said "don't offend anyone or else we'll have you" would it wash with the public and the courts? Does it satisfy the most basic principles of clarity and understanding so that we can by choice avoid breaking the law as law-abiding citizens? NO PUNISHMENT WITHOUT LAW is an ABSOLUTE RIGHT. FREEDOM OF EXPRESSION is a FUNDAMENTAL RIGHT.
Ofcom are to prevent; prohibit the inclusion of; and otherwise protect against; members of the public EVER having to complain about the contents of programmes. Any breach of their Code should be CLEAR under the Code and the Code ALONE. Ofcom have NO AUTHORITY to quote the Comms Act to broadcasters - it is Ofcom's LEGALLY ENFORCED JOB DESCRIPTION no one else's. The Comms Act applies to Ofcom and Ofcom ALONE and any breach is very likely a criminal offence on Ofcom's part.
Ofcom are an atrocity. They are CRIMINALLY NEGLIGENT according to this law.