OFCOM begins new role as BBC’s external regulator

For the first time in its ninety-five year history, yesterday – April 3rd 2017 – the BBC ceased to be an entirely self-regulating body. Under the terms of the new Royal Charter, OFCOM is now the BBC’s external regulator.

As required by that Charter, OFCOM has compiled an ‘Operating Framework’ for the BBC, details of which can be found here.

OFCOM also recently published a document titled “Introduction to Ofcom’s Operating Framework for the BBC“.

“During 2016, the Government ran a review process for setting a new Charter for the BBC. An independent review to look at how the BBC is governed and regulated was commissioned by the Government and, in March 2016, concluded that regulation of the BBC should pass to Ofcom. The Government confirmed its decision that Ofcom should regulate the BBC in a White paper published in May 2016.  

A new BBC Royal Charter for the period 2017-2027 was published by the Government on 15 December 2016, together with an accompanying Agreement between the BBC and the Secretary of State for Culture, Media and Sport. The Charter and the Agreement together set out how the BBC will operate in the new Charter period.”

The document states:

“Under the Charter and Agreement, Ofcom has regulatory responsibility for all areas of BBC content standards including, for the first time, for the accuracy and impartiality of news, and the impartiality of any programme covering politically controversial issues or current public policy.

Ofcom holds the BBC to account under the rules of its Broadcasting Code (“the Code”). These rules reflect the standards objectives set out in the Communications Act 2003 which Ofcom also applies to all its licensed broadcasters. From 3 April 2017, the Code applies in full to BBC licence-fee funded broadcasting services and, as relevant, to BBC on demand programme services (such as the BBC iPlayer).”

The newest version of the OFCOM Broadcasting Code can be found here.

With regard to complaints, the document states:

“Complaints about BBC programmes are considered under a ‘BBC First’ complaints framework. The BBC handles complaints in the first instance, and complainants can refer their complaints to Ofcom if they are dissatisfied with the BBC’s response or if the BBC fails to respond in a timely manner. To ensure the effectiveness of the ‘BBC First’ framework and to have assurance that audiences are being appropriately safeguarded, Ofcom has oversight mechanisms (such as regular reports from the BBC on complaints handling). Importantly, Ofcom also has the power to ‘step in’ and intervene in a BBC content standards case at an earlier stage, or to launch an investigation in the absence of a complaint, where we consider it necessary.

Ofcom has set and published transparent and accessible complaints procedures for the handling of BBC content standards complaints. These make clear to consumers and other stakeholders how Ofcom considers complaints it receives on a ‘BBC First’ basis and how Ofcom handles content standards investigations (including fairness and privacy cases) for BBC broadcasting services and BBC on demand programme services. Our procedures also set out how Ofcom considers the imposition of sanctions on the BBC.”

And:

“The Charter and Agreement requires that the BBC and Ofcom must set and publish procedures for the handling and resolution of complaints about the BBC’s compliance with its obligations, including content standards. The BBC’s procedures must provide that, with the exception of complaints relating to Fairness and/or Privacy, a complaint must normally in the first instance be resolved by the BBC before a complainant can refer a complaint to Ofcom. This is known as the ‘BBC First’ approach.

Ofcom has set and published procedures for the handling and resolution of relevant complaints about the BBC which are referred to Ofcom in the following circumstances:

  • If a complainant is not satisfied with the resolution of a complaint by the BBC;
  • If a complainant considers, following the resolution of a complaint by the BBC, that the imposition by Ofcom of a sanction, where available, may be appropriate;
  • If the BBC has failed to resolve a complaint within the time period set in its procedures.”

Those complaints procedures are available here.

With regard to the UK version of BBC Online the document states:

“BBC complainants will also be able to obtain an independent opinion from Ofcom on whether the BBC has observed editorial guidelines on the content of online material in its UK Public Services, once Ofcom has the necessary functions in legislation. Ofcom will enter into an arrangement with the BBC making provision for this and will publish procedures to inform consumers and other interested stakeholders as to how we will consider and handle complaints about BBC online material.”

The legislation referenced in that paragraph is The Digital Economy Bill which is currently in process in parliament.

Importantly, OFCOM’s new role does not include standards regulation of all BBC platforms.

Ofcom does not regulate standards for the BBC World Service. BBC commercial broadcast services, provided by BBC companies, are not UK Public Services but are subject to Ofcom’s content standards regulation under the terms of their Ofcom licences.” [emphasis added]

Whether or not this new system of regulation will provide a better alternative for members of the BBC’s funding public who have for years been frustrated by the corporation’s unnecessarily complicated maze-like complaints system remains to be seen.

The process of introducing OFCOM regulation of the BBC is however not yet complete, with the corporation’s operating licence expected to be published in September 2017. A related consultation titled “Holding the BBC to account for the delivery of its mission and public purposes” was launched on March 29th and will remain open until July 17th

Apparently, the new BBC Board also intends to hold a public consultation concerning a new complaints framework in the near future. 

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9 comments on “OFCOM begins new role as BBC’s external regulator

  1. The BBC World Service is nothing more than an the propaganda wing of Islam. It anything should have been regulated it’s this.

  2. Would BBC Watch explain in due course to us followers – how will this new regulatory regime change their modus operandum – if at all ?

    • Hopefully Grimey, the independent regulator will prevent the BBC from investigating itself. Complaints that were once dismissed by the BBC because they didn’t fit the BBC’s Soft Left cultural politics will now be assessed by OFCOM and acted upon appropriately. We’ll wait with bated breath.

  3. I would love to know who was appointed to Ofcom as regulators of the new BBC complaints procedure. Is there any way of finding out? The people appointed as regulators could turn out to be apologists for those they were appointed to regulate. The process was conducted by a private firm and we do not know what their guidelines or criteria were.

  4. Duvidl is waiting, but with very little hope of improvement at the ghastly corrupt biased BBC. After all, it has taken the horrors of the Sir Jimmy Savile BBC-cover-up child rape atrocity during a 50-year period to produce this mealy-mouthed government response six years after his death. The whole disgusting taxpayer-funded cabal should have been shut down overnight as the Greeks did with their publicly-funded broadcaster.

    Meanwhile, roll on the wonderful cheap ROKU streaming box, through which one can, at least watch and monitor world news networks and Fox News, like President Trump. Streaming boxes and sticks will put the corrupt BBC out of business if anything will, together with today’s children much preferring interactive tablets to dinosaur TV.

    • Speaking of Greeks, a better analogy is with the Augean stables.
      I doubt that anything will change. Nothing less than a complete shutdown (or Herculean washdown) will do any good.

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