Laws and Regulations in Community Radio
When taking on any feat of journalism, there is a swamp of rules and laws that must be waded through. It’s not uncommon for professionals to take special courses in order to understand them. However most people involved in community radio have limited training.
Sometimes it can be easy to forget when you’re hanging out with a friend behind a mic, that you aren’t free to say anything you want. People could be listening to you and they might complain about what you’re doing. If they complain about the right things, to the right people, you could end up in a world of hurt.
I’ve also found in my experience that the opposite can be true. As someone with some formal media training, but in no way an expert, that my knowing this can lead to crushing fear and an absolute inability to say anything. Which is not really useful.
In both cases a (regular) quick review of the various laws and regulations around radio and journalism can be the antidote to a potentially career/station ending problem, and provide some peace of mind. Community radio is in particular danger of running aground because stations are largely staffed by part-time volunteers who aren’t likely to have formal journalism training. There are also specific regulations imposed on radio content by Ofcom.
In this post I’ve summarized some of the basics of journalism law and broadcasting regulations that commuinty stations are most likely to run into. There are more, so if you’re running into more complex problems you should read the texts or get an expert, but hopefully this introduction will be of use to the casual observer. Laws and regulations change over time, so be aware this information should be accurate as of the time of writing 5th January 2020.
Potential Legal Challenges
Unlike station rules or Ofcom regulations, journalism laws are created and enforced by the UK government. Most laws I will be discussing are civil laws, which means you could be charged in a civil court and the station and members (generally presenters) can incur heavy fines. However, Contempt of Court is criminal offense which means the actors involved can also be given jail time in extreme circumstances.
Libel
If you’ve heard of a law relating to media or journalism, it’s likely to be Libel. In my experience it’s the law you’re mostly likely going to bump into in the light day-to-day journalism involved with community radio. Libel law in the UK relates to the 2013 Defamation Act. The essence of libel law is that you should not publicly make any statement that can case serious harm to an individual or organization, unless justified. Statements that can be considered libel (aka defamatory) include (but are not limited to) written statements such as in newspapers, social media posts and declarations on live or recorded radio programs.
According to The Community Radio Toolkit a UK community radio station has never yet been fined for libel, but it could be disasterous. Here’s what to look out for:
For a statement to be considered libel it must meet the following criteria:
- The statement either has caused or is likely to cause serious harm to the reputation of the claimant. Harm can include hatred, contempt, shame or ridicule. Bodies that trade for profit can not claim harm to thier reputation unless their is the possibilty of serious finacial loses.
- A reasonable person would think less of the claimant after consuming the media piece in it’s entierty. A statement can’t be taken out of context to be made libel.
- The harm of the offense is not offset by a proven defense.
If a statment fits the criteria above it can be considered defamatory, but that isn’t a guaranteed fine. There are a number of legal defenses in place to fight a libel claim. These are in place to make sure that journalists can report true statements, opinions, and matters of public importance, but be for-warned in libel cases the burden of prove falls on the defendant. You can’t repeat on air a defamatory rumor just because you read it and believed it was true, you need to be able to prove it is true in court.
Some libel defenses are:
- Truth: You can prove that the statement in question is substantially true.
- Honest Opinion: The statement in question is an original opinion held by the defendant based on reasonable evidence and it’s clearly labeled as such.
- Public Interest: The statement is proven to be on a matter of public interest and the defendant believed that making the statement at that moment was in the public interest.
There are also libel defenses relating to website operators; peer-reviewed statements in scientific or academic journals and privileged information obtained in courts, government briefings, and public meetings. You aren’t likely to run into these at a community radio station but you can read them in the 2013 Defamation Act if you like.
Political Impartiality
The 1983 Representation of the People Act forbids British radio stations assisting any political entities in receiving votes. Generally this means that radio stations must offer equal access to any main candidates and some recognition to other candidates in political coverage.
Equal access doesn’t necessarily mean equal airtime, just that if you offer an opertunity to one canidate it must be offered to the other main canidate(s) whether or not the offer is accepted. If a presenter names one political candidate from a specific area or race, then they must name all of them. Finally, when discussing political issues, especially those that are controversial or under review, presenters must ensure all views are represented fairly. This includes making sure to include popular opposing views on phone in shows.
Contempt of Court
Most media challenges relating to Contempt of Court relate to court reporting which is unlikely to come up in community radio, and is generally discouraged for amateur reporters. However contempt of court can also apply if a presenter or news report happens to mention an ongoing trial. Remember Contempt of Court is a criminal offense, which can mean jail time for the guilty party, so it’s best to get it right!
Contempt of Court laws are meant to prevent a prejudice jury and can cover mentions of a trial by the media. Presenters can not pass judgments on a person’s guilt any time between them being charged and the end of the trial. A station also can’t broadcast information which may help convince the audience in one way or the other, such as past examples of ‘good’ or ‘bad’ behavior by the defendant, plaintiff, or any of the witnesses.
In short, if reporting on someone charged with a crime is absolutely necessary, the presenter must stick to the facts of the case without offering opinion or additional information.
Ofcom Regulations
Ofcom is the UK government Office of Communication. Among other things they are responsible for monitoring TV and radio broadcasting: setting regulation, investigating complaints, distributing fines, and granting licenses (including the community radio license). They regularly update The Ofcom Broadcasting Code, sometimes simply referred to as The Code, which states the rules that British broadcasters must follow. Though these codes are not laws, Ofcom still has the ability to distribute fines and penalties to stations that are caught breaking The Code… and in extreme cases take stations off air.
As of the 31st of December 2020, The Code consists of 10 sections. I won’t include a summary of section 9 as it’s specific to TV broadcasts only.
Section 1: Protecting the Under-18s
You should not broadcast material that will have serious negative effects on under-18s and scheduling should limit content that may be inappropriate for children to times that the aren’t likely to be listening. Due care also needs to be taking of under 18’s who are involved in making content.
Times when children are likely to be listening generally include before and after school on school days, and daytime during weekends and school holidays. Inappropriate content can include references to: illegal drug use, drug and alcohol abuse, violence, dangerous behaviors, offensive language, exorcisms, and sex.
When examining potential breaches the nature of the station, content warnings broadcast and editorial justification are taking into account.
Section 2: Harm and Offense
Broadcasters must avoid material that may cause the public harm or offense.
Programs shouldn’t include any content that is misleading or manipulative, glamorization of violence or dangerous behavior. Material that uses offensive language, violence, sex, humiliation, distress, violation of human dignity, discriminatory treatment or language can only be used if justified by context (editorially justified and appropriate for the show).
Simulated news for drama or comedy must be clearly marked. Audience competitions and voting must be conducted fairly.
Section 3: Crime, Disorder, Hatred and Abuse
You cannot broadcast content that is likely to lead to disorder or criminal behaviour. This includes: calls to criminal action or disorder, material promoting crimes, extensive descriptions of criminal techniques and hate speech. Context and editorial justification will be taking into consideration.
Section 4: Religion
Broadcasters must be resposible when broadcasting religous programs. Religious views and beliefs can not be disrespected or abused. It must be clear what religion is being discussed. Claims that certain people posses special abilities can not be broadcast when children are likely to be listening.
Section 5: Due Impartiality and Due Accuracy
News and politics should be reported on fairly, in a way where all major arguments are represented. Information shouldn’t be misrepresented and mistakes should be corrected quickly. Personal views should be clearly marked and alternatives must be offered.
Section 6: Elections and Referendums
During times of elections and referendums appropriate levels of coverage needs to given to parties, independent candidates, and significant viewpoints based on past and current support. All discussion of election and referendum issues must stop during the actually time of voting. Opinion poll results can’t be broadcast on election day. Opurtunities offered to one canidate must be offered to all. Any discussion of an electoral area, after the close of nominations, must include a list of all the candidates and their parties.
Section 7: Fairness
Broadcasters must treat individuals and organizations that contribute to programs fairly and justly. When someone is invited to contribute to a program they should be able to give informed consent. They should be told what they are expected to contribute, made aware of signicant changes, told their rights and obligations and be told what changes they can ask to be made. Additionally promises made to contributors, such as confidentiality, should be kept.
You may withhold some or all of this information if there is significant public interest.
Broadcasters also need to make sure content is edited and reused fairly.
Section 8: Privacy
Ofcom is required by The Broadcasting Act of 1996 to investigate complaints about privacy infringement by broadcasters. Any infringement on the expectation of privacy must be editorially required for the public interest. The expectation of privacy is dependent upon location, activity, and status of the individual(s) in question.
Private information, such as a person’s contact information or address, shouldn’t be reported without permission, unless warented. Private calls and conversations shouldn’t be broacast without consent, unless warented. Broadcasters must not reveal the idetities of people who have been injured or killed until you can confirm the next of kin has been notified. Particular attention should be paid to privacy concerns of under-18s.
Section 10: Commercial Communications on Radio
Broadcasters must be transparent about commercial communications in order to protect listeners. Programs must make commercial arrangments clear. Spot advertisements need to be kept clearly separate from other content. No commercial arrangement is allowed with news bulletins and children’s programming. Advertisers cannot influence music choice in any way.
It may seem like there’s a lot to know, but I find many of the rules and regulations around radio are fairly logical. Most of the others are also interesting. Who knew you weren’t allowed to broadcast live exorcism on radio? One of the challenges when it comes to training new volunteers and staff is getting them caught up on the do’s and don’ts, so hopefully you found this summary helpful.
