ITV Programme compliance

Compliance of most programmes broadcast on ITV’s family of channels is handled by the ITV Compliance department. Compliance of independent productions for ITV1 is currently divided largely between ITV Compliance and Channel Television (an independent Channel 3 licensee company). As a result of the ITV networking arrangements required by Ofcom, independent producers for ITV1 have the right to nominate the licensee company responsible for compliance of their programme.

Our proposal to centralise all compliance work in the Network Centre at ITV was rejected by Ofcom in its Statement in September 2009. ITV now seeks information from other compliance licensees where ITV Broadcasting is not the compliance licensee for a commissioned programme, and may review programming before broadcast, depending on the compliance issues arising from each production.

ITV now seeks information from other compliance licensees where ITV Broadcasting is not the compliance licensee for a commissioned programme, and may review programming before broadcast, depending on the compliance issues arising from each production

There are frequently grey areas about implementing the Code and ITV’s in-house compliance team provide support and advice for programme commissioners and makers before and during production. They include experienced programme content lawyers and non-legal staff. They review all pre-recorded programmes before their first broadcast, and are involved in the planning of the content and conduct of live programming. They are also involved in the delivery of content to on-demand platforms.

ITV provides compliance training for all employees involved in programming and interactive services. All production staff are required to take online compliance training modules. These are supplemented by a regular rolling programme of training seminars provided by ITV Compliance staff for particular programme teams and genres.

Premium rate services

In May 2008, ITV was fined by Ofcom for several breaches of the Code around premium rate services (PRS). Other major broadcasters also received substantial fines.

Since a review of our PRS conducted by Deloitte in 2007 we have made significant changes to the operation of PRS. In 2008 we asked them to make recommendations to further strengthen our programme compliance structures and to ensure a robust audit trail. We implemented their recommendations during 2009. ITV now has fully documented and specific compliance processes for a wide range of types of content including commissioned and acquired programmes, live programmes, promotions, sponsorship credits, online and mobile content and content accessible via the red button.

Read about how we how manage viewer interactivity and premium rate service.

Ofcom adjudications

In 2009, Ofcom published thirteen adjudications (see table) which found programmes or series on ITV channels to be in breach of the Broadcasting Code. Only three of these adjudications related to programmes broadcast in 2009. Ofcom received complaints about 797 ITV programmes and sponsorship credits.

Ofcom adjudications in 2009

Channel Television received an £80,000 fine in relation to serious breaches of the Code and viewer trust in the British Comedy Awards which was broadcast by ITV in 2004 and 2005. Channel Television handled compliance for these programmes and was responsible for making sure the Code was followed. The fine was imposed for the vote for the People’s Choice award being finalised when viewers were still voting in 2004, and for the viewer’s choice being overridden and a different winner substituted in 2005.

ITV received no fines for breaches of the Broadcasting Code in 2009.

Commitments in our licences

Ofcom requires ITV1 to broadcast specific quantities of certain genres of programming as well as delivering certain other public benefits – particularly in relation to programme production. This includes national and regional news and current affairs. There are also requirements for ITV1 and our digital channels to provide access services including subtitling, audio description and signing. We met all of these requirements in 2009.

Viewer trust

ITV has detailed guidance for producers regarding our expectations in relation to deliberate deception and material misleading of viewers.

ITV will not hesitate to take action against any programme maker or production company found to have knowingly deceived viewers or the ITV. We will take disciplinary action against ITV staff, which could result in dismissal. In the case of an independent production company or other supplier, this could lead to ITV declining to work with the company or individual in the future.

Empirical evidence shows that viewer trust in interactive programming is rising. Figures for our flagship entertainment shows have shown year-on-year increases in the levels of voting, demonstrating that viewer confidence has returned to the interactive elements of ITV’s programming.

ITV viewer complaint service

ITV’s Viewer Services Team respond to questions and complaints and log all calls, letters and emails. Any viewer not satisfied with ITV’s response can complain to Ofcom. The contact details for Viewer Services are:

T: 0844 88 14150

E: viewerservices@itv.com

Interactive content and voting

ITV offers a wide variety of opportunities for viewers to interact with its programmes. Interactivity includes live voting in popular shows such as The X Factor and Dancing On Ice, and in-show competitions that generate tens of millions of responses each year.

Interactivity in programmes is subject to broadcast compliance, and also to external verification as required by our broadcasting licences.

ITV works closely with programme producers to ensure that interactive content is compliant and transparent, and is managed fairly. Detailed procedures and guidelines are in place governing all viewer interactivity, whether promoted from programming or on other platforms, such as itv.com.

Each event goes through a number of steps of approval, testing and checks, from the initial planning stage, through to transmission or being shown online, and finally in relation to any post-transmission requirements (for example delivery of prizes to competition winners).

ITV viewers who are Sky or Virgin Media customers can interact with programmes by pressing the red button whilst viewing ITV’s channels. Red button services include additional programme information and content. Users can watch video previews, enter competitions, play games and interact with advertisers and programme sponsors. This interactivity is subject to broadcast compliance and all of the procedures, guidelines and regulations that govern broadcast interactivity.

Our in-house customer support team oversees all complaints and questions about ITV interactivity. Should any issues arise, detailed procedures are in place to communicate with affected viewers and offer refunds if appropriate.

Interactive Telephony Limited (ITL), an ITV subsidiary company, runs in-house telephony services, as part of our strategy to prevent problems with these services from reoccurring. ITL manages the vast majority of ITV’s premium rate interactive events each day, starting with GMTV phone-ins at 6.00 am, continuing to evening programmes, such as I’m a Celebrity Get Me Out of Here. ITL is responsible for the set-up, testing and operation of phone lines and works with BT and other suppliers to develop industry leading tools and processes to manage live votes and competition entries. ITL is certified as a service provider by the premium rate industry regulator, PhonepayPlus, and its employees receive extensive training and accreditation.

A programme that caused complaint

The Bill ITV1 8 April 2009 20:00

Ofcom received five complaints from viewers about an episode of the Bill which showed a police officer being stabbed while making an arrest.

The Bill is a long running ITV drama series about a fictional London police station and reflects many of the serious challenges faced by the police service, including knife crime.

Pre-watershed serial dramas often require difficult decisions that combine fine editorial and compliance judgments. We defended the portrayal of the violence depicted in the scene as justified by the context, and suitably limited for a pre-watershed slot. Given the gritty subject matter of the Bill, we believe the audience expects that the programme will occasionally include some images of violence. ITV Compliance provided frame by frame compliance advice during editing to limit the explicitness of the violence and the injuries sustained by the victim.

Ofcom found that the programme was not in breach of the Code although the scene was at the limit of acceptability. The Bill has now moved to a post-watershed slot, which will ensure the programme can continue to reflect the reality of its subject matter whilst remaining within the Code.