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Understanding the Ofcom Broadcasting Code
The Ofcom Broadcasting Code is the rulebook that all Ofcom-licensed broadcasters in the UK must follow. It is divided into ten sections, each covering a different area of editorial standards: protecting children, crime, religion, due impartiality, due accuracy, elections and referendums, fairness, privacy, sponsorship, and commercial communications. For broadcast journalists, the most frequently relevant sections are Section 2 (harm and offence), Section 5 (due impartiality in news), Section 7 (fairness), and Section 8 (privacy).
The Code is enforced by Ofcom, which investigates complaints and publishes findings in the Broadcast and On Demand Bulletin. Broadcasters found to have breached the Code can face sanctions ranging from a direction to broadcast a summary of the finding to licence shortening or revocation. For individual journalists, a Code breach in their report can result in significant reputational damage to both themselves and their outlet.
This guide covers the provisions most likely to affect working broadcast journalists on a day-to-day basis.
Key Code provisions for broadcast journalists
Protecting the under-18s (the 9pm watershed)
Material unsuitable for children must not be broadcast before 9pm or after 5.30am. The watershed applies to linear TV services. For radio, standards are applied throughout the day according to likely audience composition. Harmful or offensive content is still regulated after the watershed — the threshold simply changes.
Harm and offence
Broadcasters must not include material that causes unjustifiable harm or offence. This includes graphic violence, hate speech, dangerous information, and coverage of suicide that fails to follow accepted safe messaging guidelines. Public interest can justify some harm or offence, but the justification must be proportionate.
Due impartiality in news
News programmes must be reported with due accuracy and presented with due impartiality. “Due” means appropriate to the story — not necessarily equal airtime for all views, but impartiality appropriate to the context. This is explored in more detail in the due impartiality guide.
Fairness (including right of reply)
Broadcasters must deal fairly with contributors and people referred to in programmes. Individuals who are the subject of significant allegations must be given a fair and reasonable opportunity to respond before broadcast. Deception and surreptitious filming must be justified by public interest.
Privacy
The Code requires that any infringement of privacy be warranted — justified by a clear public interest. Covert recording, filming in private spaces, and obtaining information through deception are all permitted only where the public interest clearly outweighs the privacy breach.
Red flags for Ofcom compliance
- Broadcasting a significant allegation without giving the subject a documented opportunity to respond.
- Describing the method of a suicide in any report, regardless of broadcast time.
- Using footage from a covert recording without editorial justification documented in the decision trail.
- Broadcasting strong or offensive material before the 9pm watershed without clear editorial justification.
- Presenting a contested political or social question without due impartiality in a news context.
- Failing to label archive footage as archive when it could be mistaken for contemporaneous material.
Ofcom compliance checklist
- I have given all subjects of significant allegations a fair and documented opportunity to respond before broadcast.
- For suicide/self-harm stories: I have followed the Samaritans Media Guidelines and included support service information.
- Archive footage is labelled on-screen and referred to as archive in the script.
- Strong or offensive material is scheduled after the 9pm watershed and is justified editorially.
- Covert recording or filming is justified by public interest and documented in the editorial decision trail.
- For contested political or social questions: I have considered whether due impartiality is achieved in this report or across the series.
- Any individuals filmed or recorded in private settings have given consent, or the privacy intrusion is clearly in the public interest.
- Right-of-reply correspondence is on file and included in or explained in the report.
Generate a right-of-reply request
Use our right-of-reply generator to produce a properly worded request before broadcasting a sensitive allegation.
Common mistakes
- Treating right of reply as a formality rather than a genuine editorial obligation.
- Assuming that public interest automatically justifies any harm or privacy intrusion — it must be proportionate.
- Not documenting editorial decisions in real time — if Ofcom investigates, you need a contemporaneous decision trail.
- Conflating the Ofcom Code (for licensed broadcasters) with IPSO rules (for print/online) — they are different regimes.
- Not informing contributors whether their interview will be used in a programme that may be controversial — lack of informed consent is a fairness issue.
- Assuming that because a BBC correspondent covered the same story without consequence, your version is automatically compliant — Ofcom assesses each broadcast individually.
Related guides
Primary sources
- Ofcom Broadcasting Code (full text)
- Ofcom — Broadcast and On Demand Bulletin (published decisions)
- Samaritans Media Guidelines for Reporting Suicide
- Ofcom — How to complain about a TV or radio programme
- BBC Editorial Guidelines — Harm and offence, fairness, and privacy
- Communications Act 2003 — Ofcom duties and powers (legislation.gov.uk)
Frequently asked questions
Which broadcasters does the Ofcom Broadcasting Code apply to?
What is the 9pm watershed rule?
What does right of reply mean in broadcast?
How does the Samaritans guidance apply to broadcast reporting on suicide?
How does Ofcom handle broadcast complaints?
Related guides
Primary sources
- Ofcom Broadcasting Code — Full Text— Ofcom
- Ofcom Broadcast and On Demand Bulletin— Ofcom
- Samaritans Media Guidelines for Reporting Suicide— Samaritans
- BBC Editorial Guidelines— BBC
- NUJ Code of Conduct— NUJ
- BJTC — Broadcast Journalism Training Standards— BJTC
- Communications Act 2003— legislation.gov.uk