Ofcom Broadcasting Code 2026: Plain-English Guide for UK Journalists

Ofcom vs IPSO: Understanding the Regulatory Landscape

UK media regulation operates through two primary bodies, each covering different platforms:

• Ofcom (Office of Communications) regulates television, radio, on-demand programme services (ODPS), and video-sharing platforms (VSPs). It operates under statutory authority granted by the Communications Act 2003.
• IPSO (Independent Press Standards Organisation) regulates most UK newspapers and magazines, both print and online. It is a non-statutory, industry-funded body that enforces the Editors' Code of Practice.

The critical difference for journalists is that Ofcom's rules on impartiality are legally binding on broadcasters, while print and online journalists regulated by IPSO have no equivalent obligation. A newspaper can run an editorial endorsing a political party; a television news programme cannot.

Section 5: Due Impartiality in Depth

Section 5 of the Broadcasting Code requires that news on television and radio is presented with due impartiality. This does not mean mathematical balance or giving equal time to every viewpoint — it means ensuring that all significant perspectives are represented in a way that is fair and proportionate to the subject.

Key principles include:

• Due impartiality on matters of political or industrial controversy and public policy must be preserved in news programmes and across programming as a whole.
• Personal view programmes are permitted, but the broadcaster must ensure that due impartiality is maintained across its output.
• Presenters and reporters on news and current affairs programmes should not express their own views on matters of political controversy. This restriction was notably tested in 2025 with several high-profile cases.
• The word “due” is crucial — it means impartiality must be adequate and appropriate to the subject. Not every story requires 50/50 balance; some issues have a clear factual consensus.

Section 5.1: Accuracy in News

Rule 5.1 states that news must be reported with due accuracy. This means broadcasters must take reasonable steps to verify the information they broadcast and must correct significant errors promptly. Unlike print media, where corrections may appear days later, broadcasters are expected to correct errors at the earliest opportunity, ideally in the same programme or bulletin.

Accuracy obligations extend beyond simple factual errors to include:

• Misleading use of archive footage or photographs
• Selective editing that distorts the meaning of an interview
• Presenting speculation or opinion as established fact
• Using unverified social media content without appropriate caveats

Section 2: Harm and Offence

Section 2 of the Code deals with generally accepted standards and requires that broadcasters apply these standards to protect the public from harmful or offensive material. For journalists, the key rules include:

• Contextual justification: Offensive material may be broadcast if editorially justified by the context — including the nature of the content, the expectations of the audience, the time of broadcast (the “watershed” at 9pm), and any warnings given.
• Violence and distressing imagery: Graphic footage from conflict zones or crime scenes must be handled with care. Editors must weigh public interest against the risk of causing unnecessary distress.
• Audience expectations: What is acceptable at 10pm on Channel 4 may not be acceptable at 6pm on BBC One. Context is everything.

Section 6: Elections and Referendums

Section 6 contains special rules that apply during election and referendum periods. These are among the most strictly enforced provisions in the Code:

• Due weight: Broadcasters must give “due weight” to candidates and parties based on their past electoral performance and current support. This does not mean equal time for all parties.
• Constituency reports: Any report focusing on a particular constituency must offer all candidates a chance to participate or reflect their views. If a candidate refuses, the report can still be broadcast with an appropriate explanation.
• Polling day restrictions: On polling day itself, no discussion of election issues or coverage of candidates' campaigns may be broadcast until polls close. Only factual information about voting is permitted.
• Exit polls: Results of exit polls may not be broadcast until polls close at 10pm.

For a detailed breakdown of election-period obligations, see our guide on election reporting rules for UK journalists.

Section 6 Special Rules: Election Campaign Period

Beyond the general Section 6 rules, Ofcom publishes specific guidance on the election campaign period — typically the period from the dissolution of Parliament to polling day, or the equivalent period for other elections. During this time:

• Due weight rather than equal time: Ofcom explicitly rejects the idea that due impartiality means dividing time equally between all parties. Broadcasters must give airtime that is proportionate to each party's electoral support and history. A party that received 1% of the vote in the previous election is not entitled to the same airtime as a party that received 30%.
• Leaders' debates: Decisions on which party leaders to include in televised election debates are among the most politically sensitive editorial judgments a broadcaster makes. Ofcom's guidance acknowledges broadcasters retain editorial discretion but requires them to demonstrate that decisions on inclusion and exclusion are based on defensible, consistent criteria applied impartially.
• News summaries and rolling bulletins: Even short news summaries must maintain due impartiality during the election period. A bulletin that consistently leads with government ministers' statements during a campaign may breach the Code if opposition parties are not given equivalent access to respond.
• Party political and referendum campaign broadcasts: These are separately regulated. Licensed broadcasters are required to carry them; Ofcom has no jurisdiction over their content, which is the responsibility of the relevant party.
• Audience participation programmes: Phone-ins, vox pops, and audience debate programmes must be editorially managed during election periods to prevent the programme becoming a vehicle for partisan campaigning without appropriate balance.

Section 7: Fairness and Right of Reply

Section 7 of the Broadcasting Code deals with fairness in the treatment of individuals and organisations in broadcast programmes. This section is among the most practically significant for working journalists:

• Right of reply: Where a programme makes allegations that are likely to materially and adversely affect an individual or organisation, that party must be given a “proper opportunity” to respond before broadcast. This is not a mere courtesy — it is a regulatory obligation. Broadcasters who make substantive allegations without offering a genuine chance to respond risk a finding of unfairness.
• Proper opportunity to contribute: The opportunity to respond must be genuinely fair. Giving a subject 30 minutes to respond to complex allegations, or contacting them only hours before broadcast, may not constitute a proper opportunity. Document all correspondence and the time given.
• Deception in newsgathering: If a programme uses deceptive methods to obtain information or access — hidden cameras, false identities — the editorial justification must be very strong and clearly documented. Ofcom applies a public interest test; deception that goes beyond what is strictly necessary will result in a breach finding.
• Post-production fairness: Editing an interview to create a misleading impression of what a contributor said is an unfairness. This includes selective quoting, juxtaposition that distorts meaning, and cutting responses to allegations before they are complete. Always retain unedited source recordings.
• Contributors' reasonable expectations: If a contributor agrees to participate in a programme on the understanding it will be handled in a particular way, departing significantly from that understanding without their consent may constitute unfairness.

Section 8: Privacy

Section 8 of the Broadcasting Code provides significant privacy protections for individuals and organisations. The section operates alongside (not instead of) the law of privacy under the Human Rights Act 1998 (Article 8, right to private life) and UK GDPR:

• Legitimate expectation of privacy: Individuals have a legitimate expectation of privacy in their private lives, even where they have some public profile. A politician's conduct in office is legitimately the subject of broadcast scrutiny; their private medical history generally is not, unless it directly relates to their public duties.
• Filming in public places: Filming in public spaces is generally permissible, but there are important exceptions. Filming on private premises without permission — even premises open to the public — requires strong editorial justification. Filming in hospitals, courts, and prisons is subject to specific rules.
• Doorstepping: Approaching a subject unexpectedly with cameras or recording equipment is permissible where pre-arranged approaches have failed or would be ineffective. The justification must be proportionate — doorstepping a company chief executive over a significant financial scandal may be justified; doorstepping a private individual in a minor local dispute almost certainly is not.
• Recording telephone calls: Recording telephone conversations without the knowledge of the person being recorded requires strong editorial justification and the broadcaster must disclose the recording practice to contributors before broadcast wherever possible.
• Children: Children have enhanced privacy protections. Programmes that identify, film, or record children without appropriate parental consent — even in public places — may breach Section 8.

Due Prominence

Under the Communications Act 2003, the BBC, ITV, Channel 4, Channel 5, and S4C are designated as Public Service Broadcasters (PSBs) and must give “due prominence” to news and current affairs in their schedules. This obligation ensures that news remains visible and accessible to audiences, rather than being buried in late-night slots.

Ofcom periodically reviews whether PSBs are meeting their due prominence obligations, and this has become an increasingly live issue as audiences migrate to streaming platforms and smart TV interfaces where traditional channel listings carry less weight.

What Triggers an Ofcom Investigation

Not every complaint to Ofcom results in an investigation. Understanding what triggers formal action helps broadcasters manage risk and helps journalists covering regulation understand what is significant:

• Volume of complaints: A single complaint about a broadcast is unlikely to trigger a formal investigation unless the potential breach is very serious. High volumes of complaints — hundreds or thousands — will prompt Ofcom to assess the programme proactively, though volume alone does not indicate a breach. Organised complaint campaigns (where the public is encouraged to complain en masse by campaign groups) are assessed on merit, not volume.
• Severity of potential breach: Complaints involving elections and impartiality during the regulated election period, privacy breaches involving vulnerable individuals, or significant factual inaccuracies in news programmes are more likely to result in investigation than complaints about tone or editorial angle.
• Repeated breaches: A broadcaster that has previously been found in breach of the Code on similar grounds will be investigated more readily and sanctioned more severely on a subsequent finding. Ofcom maintains a compliance record for each licensed broadcaster.
• Proactive monitoring: Ofcom monitors broadcast output proactively, particularly during election periods and for content that may affect children. A broadcaster does not need to receive a complaint for Ofcom to assess content.
• Referrals from other regulators: The Electoral Commission, the Information Commissioner's Office, and Ofcom have information-sharing arrangements. A matter that first surfaces as an electoral complaint may be referred to Ofcom for assessment under the Broadcasting Code.

Podcasters and Online Video: Where Does Ofcom Apply?

This is an area of rapid regulatory evolution. The traditional Broadcasting Code applies to licensed television and radio services. However, Ofcom's remit has expanded significantly:

• On-demand programme services (ODPS): Catch-up services like BBC iPlayer and ITV Hub are regulated by Ofcom. Content must comply with rules on harm, advertising, and sponsorship.
• Video-sharing platforms (VSPs): Since 2020, Ofcom has had regulatory oversight of UK-established VSPs. Platforms must take appropriate measures to protect users from harmful material.
• Podcasts: Audio-only podcasts that are not part of a licensed radio service are currently not directly regulated by Ofcom. However, if a podcast is also broadcast on a licensed radio station, those broadcasts are covered. The Online Safety Act 2023 may also bring certain podcast platforms within regulatory scope.
• YouTube and social video: Individual creators are not directly regulated by Ofcom, but the platforms on which they publish may be classified as VSPs, creating indirect obligations around content moderation.

The Complaints Process and Breaches Database

Understanding how Ofcom handles complaints is important both for compliance and for knowing your rights if a complaint is made against your programme:

1. Complaint to the broadcaster: Ofcom generally expects complainants to contact the broadcaster first, giving them an opportunity to resolve the issue. Most broadcasters have a published complaints procedure.
2. Complaint to Ofcom: If the complainant is dissatisfied, or in cases of serious potential breaches, they can complain to Ofcom directly. Complaints must normally be made within 20 working days of the broadcast.
3. Assessment: Ofcom's Content Standards team assesses whether the complaint raises a potential breach. Many complaints are resolved at this stage without a formal investigation.
4. Investigation: If a potential breach is identified, Ofcom will write to the broadcaster requesting comments. The broadcaster has an opportunity to respond before any decision is made.
5. Decision: Ofcom publishes its decisions in the Broadcast and On Demand Bulletin. Sanctions for serious or repeated breaches can include fines (for commercial broadcasters), directions to broadcast corrections, and ultimately revocation of the broadcasting licence.

Ofcom publishes all its broadcast adjudications in the Broadcast and On Demand Bulletin, released approximately every two weeks. The Bulletin is a primary source for journalists covering media regulation and a compliance resource for broadcasters. It lists every programme assessed, the outcome, and where a breach is found, the broadcaster's response and the sanction. Searching the Bulletin archive by broadcaster, programme, or Code section reveals patterns of compliance difficulty that are themselves newsworthy.

Sanctions available to Ofcom range from a finding of breach (published in the Bulletin and permanently searchable) through to directions to broadcast corrections, financial penalties (available for commercial licensees), and in the most serious cases, revocation of the broadcasting licence. The BBC is regulated under a separate framework by Ofcom following the 2017 BBC Charter; complaints about BBC programmes go first to the BBC's internal complaints unit before Ofcom can consider them.

Practical Checklist

Use this before signing off any broadcast package or programme:

• Document editorial reasons for all perspectives included and excluded in a contentious news package — create a “due impartiality audit trail”
• Confirm that all subjects of material and adverse allegations have been given a proper opportunity to respond, with evidence of the approach and time given
• During election periods, confirm that airtime allocation among parties reflects due-weight principles rather than equal-time assumptions
• Verify that any hidden camera or deception newsgathering has been approved by senior editorial management and the public interest justification is documented
• Retain unedited source recordings and interview transcripts — these are essential if an Ofcom investigation is opened
• Check that Section 8 privacy obligations have been met for any filming of individuals in private or sensitive contexts
• Confirm that any factual errors identified post-broadcast are corrected at the earliest opportunity in the relevant programme or bulletin
• Check the Broadcast and On Demand Bulletin for recent adjudications on comparable content — these indicate where Ofcom draws compliance lines
• On polling day, confirm that no election campaign content or exit poll data is broadcast before polls close at 10pm
• Verify that any archive or library footage used in news is accurately labelled and does not create a misleading impression of current events

Common Mistakes

• Confusing due impartiality with mathematical balance: Ofcom's standard requires that significant perspectives are represented fairly — not that every view receives exactly equal airtime. A climate programme need not give equal time to climate denial if the scientific consensus is overwhelming.
• Treating the election campaign period as starting on polling day: Section 6 special rules apply from the beginning of the regulated election period, which for general elections typically runs from dissolution. Pre-campaign election coverage is also subject to standard Section 5 impartiality obligations.
• Assuming that offering 24 hours for a right of reply is always sufficient: If allegations are complex, voluminous, or require legal advice to respond to, 24 hours may not constitute a “proper opportunity” under Section 7. Allow reasonable time proportionate to the complexity of the allegations.
• Believing that filming in a public place is always unregulated: Section 8 privacy protections apply even in public spaces where there is a reasonable expectation of privacy — filming a person in distress in a public place, or systematically surveilling a private individual in their neighbourhood, may constitute a privacy breach.
• Not checking the Bulletin before broadcast on sensitive topics: Ofcom's adjudications are the most practical guide to how the Code is applied. Broadcasters who read the Bulletin regularly are better placed to identify compliance risks in their own programming before they become complaints.
• Assuming podcasts are permanently outside Ofcom's remit: The regulatory landscape for audio and video-on-demand is evolving rapidly under the Online Safety Act 2023. Regulatory position that was settled in 2023 may not apply in 2025 or 2026.

Red Flags

• A news package on a politically contentious issue in which only one side's spokespeople appear — with no documented attempt to seek the other perspective
• An election-period bulletin that consistently leads with government ministerial statements without equivalent opposition access over a series of programmes
• A Section 7 right-of-reply approach made by voicemail or email on the day before broadcast, where the allegation requires detailed factual response
• Archive footage used without an on-screen label, where the footage depicts events from a different time period that could create a misleading impression
• A hidden-camera operation that captures more information than is strictly necessary for the editorial purpose — general surveillance of a subject's private life beyond the specific allegation being investigated
• A presenter on a news or current affairs programme who has made publicly known their personal views on an issue that is then the subject of their reporting
• A programme that receives a very high volume of complaints over a short period — this may trigger proactive Ofcom monitoring even before any formal complaint is assessed

Primary Sources

• Ofcom Broadcasting Code — Full text of all sections including Section 5 (impartiality), Section 6 (elections), Section 7 (fairness), and Section 8 (privacy)
• Ofcom Broadcast and On Demand Bulletin — Searchable archive of all adjudications and breach findings
• Ofcom Statutory Duties — Ofcom's regulatory responsibilities under the Communications Act 2003
• Communications Act 2003 — The primary statute establishing Ofcom and its powers
• BBC Editorial Guidelines — The BBC's internal standards, which implement the Broadcasting Code alongside BBC-specific obligations
• Ofcom Guidance: Section 5 Due Impartiality — Detailed Ofcom guidance notes on applying the impartiality rules
• Ofcom Guidance: Section 6 Elections — Election period rules and due-weight guidance
• IPSO Editors' Code 2025 — Print and online press regulation for comparison
• Election Reporting Rules for UK Journalists — Detailed election-period guidance