General requirement - Section 1 of the Broadcasting Act 1990 requires that the ITC does all it can to secure that every licensed service includes nothing in its programmes which offends against good taste or decency or is likely to encourage or incite to crime or lead to disorder or be offensive to public feeling.
1.2 Family Viewing Policy and the Watershed- Material unsuitable for children must not be transmitted at times when large numbers of children may be expected to be watching.
However the ITC accepts that, even though some children are always likely to be present in the audience, the likelihood varies according to the time, subject matter and channel. The majority of homes do not contain children and viewers have a right to expect a range of subject matter.
1.3 Information, Advice and Warnings
Labelling, classification details and other information announcements have a helpful role in enabling viewers to make appropriate choices at all times. They are particularly important on free-to-air, general and basic tier channels.
1.4 Feature Films and Other Acquired Material
Where a British Board of Film Classification (BBFC) Classification exists for the version of a film or programme proposed for transmission, it should be used as a guide to scheduling. A BBFC video classification, rather than the cinema classification, should always be the guide where one exists.
Section 2 Privacy, Gathering of Information, etc.
Article 8 Right to respect for private and family life
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
The Public Domain
In considering the application of the Code, the ITC will have regard to the extent to which material has, or is about to, become available to the public.
2.2 Filming and recording of members of the public
2.2(i) In public places
When coverage is being given to events in public places, editors and producers must satisfy themselves that words spoken or action taken by individuals are sufficiently in the public domain to justify their being communicated to the television audience without express permission being sought from the individuals concerned.
2.4 Secret filming and recording
The use of hidden microphones and cameras for the filming or recording of individuals who are unaware of it is acceptable only when it is clear that the material so acquired is essential to establish the credibility and authority of a story where this cannot or is unlikely to be achieved using 'open' filming or recording techniques, and where the story itself is equally clearly of important public interest. When, in the considered judgement of the producer, such a case arises, he or she must, wherever practicable, obtain the explicit consent of the licensee's most senior programme executive or the designated alternate before such material is recorded. Consent is required again before any material obtained by secret recording is transmitted.
Section 3 Impartiality
Impartiality
As stated in the Foreword, the Broadcasting Act 1990 makes it the statutory duty of the ITC to draw up, and from time to time review, a code giving guidance as to the rules to be observed for the purpose of preserving due impartiality on the part of licensees as respects matters of political or industrial controversy or relating to current public policy.
3.1 Due impartiality
The Broadcasting Act requires the ITC to do all that it can to secure 'that due impartiality is preserved on the part of the person providing the service as respects matters of political or industrial controversy or relating to current public policy'.
Section 4 Party Political and Parliamentary Broadcasting
Party Political and Parliamentary Broadcasting
4.1 Party Political and Party Election Broadcasts
Section 36 of the Broadcasting Act 1990 requires the ITC to ensure that Party Political Broadcasts (PPBs) are included in the regional Channel 3 (ITV), Channel 4 and Channel 5 services. This section of the Code reflects the rules which the ITC has determined in accordance with the Act.
4.1(i) Length of broadcasts
Parties may choose a length of 2'40", 3'40" or 4'40".
4.1(ii) Frequency of broadcasts
General election broadcasts will be carried by Channel 3 (ITV), Channel 4 and Channel 5. Broadcasts for the European Parliamentary election will be carried by ITV and Channel 5.
Section 5 Terrorism, Crime, Anti-Social Behaviour
5.2 Payments
No payment should be made for an interview about his/her crimes, to a criminal whose sentence has not yet been completed
5.3 Terrorist or criminal activity
Particular care is required with a programme which carries the views of people or organisations who use or advocate the use of violence or other criminal activity within the British Isles or abroad to attain political or other ends.
Section 6 Charitable Appeals and Publicity for Charities
Section 7 Religion
Section 8 - Commercial References in Programmes Commercial References in
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