Ofcom reminder- user-generated material is subject to Broadcasting Code

A recent decision by Ofcom found that broadcaster, Sumo UK, was in breach of the Broadcasting Code in relation to two television broadcasts of which included user-generated material, which originally had been posted to its website. The user-generated material which was used in the television broadcasts featured the performance of a rap using particularly strong language and graphic sexual references, and the filming of a child being frightened by an adult.

In its decision, Ofcom reminded broadcasters that they are responsible for ensuring that all user-generated content that they broadcast complies with the Broadcasting Code, whatever its origination. Therefore, while broadcasters may be attracted by the increasing availability of cheap, user-generated material, they must bear in mind that it is their responsibility to ensure that such content complies with the Code. “Due care” must be employed in this regard, meaning that the level of care must be “appropriate to the particular circumstances”. It is for the broadcaster to judge what is appropriate in each case to ensure compliance with the Code.

This decision should serve as a reminder to broadcasters that it is their responsibility to ensure all content, which it broadcasts via television and radio, complies with the Code. Interestingly, Ofcom’s decision was made despite Sumo’s website terms and conditions purporting to pass responsibility for compliance with the Code to those who upload the content. Ofcom commented that such an approach to ensuring compliance with the Code was “wholly inadequate”. While Ofcom recognised that controls over the making of material submitted to the website are limited, when such material is subsequently considered for broadcast, the broadcaster needs to be mindful of the Code.

For the full decision, please click here.