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Ofcom Broadcasting Code: Ethics Hub for Broadcast Journalists

Ofcom is the statutory regulator for UK broadcast TV, radio, and on-demand programme services. Understand the Broadcasting Code’s 10 sections, how investigations work, and what they mean for journalists.

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What is the Ofcom Broadcasting Code?

The Ofcom Broadcasting Code is the statutory framework that governs the editorial standards of licensed UK television and radio broadcasters, and to a lesser extent on-demand programme services (ODPS) regulated under the Communications Act 2003. Unlike press regulation — which operates on a voluntary basis through IPSO or IMPRESS — broadcast regulation has a statutory underpinning: Ofcom is a public body with powers to impose fines and, in extreme cases, revoke broadcasting licences.

The Code covers ten sections: protecting children, harm and offence, crime, religion, due impartiality and accuracy, elections, fairness, privacy, commercial communications, and sponsorship. For journalists working in broadcast, or for print journalists who appear on or contribute to licensed broadcast output, the Code creates obligations that differ materially from the press standards regime.

For the full plain-English walkthrough of every section, see our complete Ofcom Broadcasting Code guide.

When the Broadcasting Code matters for journalists

  • 1You are a reporter, presenter, or producer working for a licensed TV or radio broadcaster.
  • 2You are a print or digital journalist appearing as an on-screen expert or commentator on a licensed broadcast.
  • 3You are producing content for a broadcaster's catch-up or streaming service that is regulated as an ODPS.
  • 4You are investigating or reporting on a topic that requires due impartiality — particularly during elections.
  • 5You are using covert recordings or hidden cameras for investigative journalism in a broadcast context.
  • 6You are handling interview footage and need to understand Section Seven fairness obligations to contributors.
  • 7A subject of your reporting has complained to Ofcom and you need to understand the investigation process.
  • 8You want to understand how the Ofcom framework for podcasts and online video differs from licensed broadcast obligations.

The 10 sections of the Broadcasting Code

Summaries only. Always consult the full Broadcasting Code at ofcom.org.uk for authoritative rules and accompanying guidance notes.

Section 1: Protecting the Under-Eighteens

Material unsuitable for children must be scheduled appropriately. Watershed rules (9pm on TV) apply. Strong language, violence, and adult content must be protected by time scheduling or access controls.

Section 2: Harm and Offence

Broadcasters must not include harmful or offensive material without editorial justification. This covers simulated sexual activity, real violence, dangerous behaviour, and material likely to encourage hate crimes.

Section 3: Crime

Broadcasters must not include material that glamorises, encourages, or facilitates crime. This includes payment to convicted criminals for glorifying accounts and incitement to violent disorder.

Section 4: Religion

Religious programmes must not be used to spread hatred or undermine respect for other religions. Broadcast licences cannot be held by bodies whose objects are wholly or mainly of a political nature.

Section 5: Due Impartiality and Due Accuracy

News must be reported with due accuracy and presented with due impartiality. On matters of major political controversy, an appropriately wide range of significant views must be reflected.

Section 6: Elections and Referendums

Special impartiality rules apply during elections and referendums. Candidates in the same constituency must be treated equitably. Political advertising is prohibited.

Section 7: Fairness

Broadcasters must deal fairly with contributors and other people featured. This includes right to reply, advance information about content, informed consent, and the use of deception.

Section 8: Privacy

Any infringement of privacy must be warranted. Hidden cameras, covert recordings, and interception of private communications are only justified by an overriding public interest.

Section 9: Commercial References and Other Matters

Commercial communications must be clearly distinguishable from editorial content. Product placement must be disclosed. Advertising minutage rules apply.

Section 10: Sponsorship

Sponsorship arrangements must not influence editorial content. Sponsored content must be clearly identified. No sponsor with interests that conflict with editorial content.

Red flags — common routes to an Ofcom investigation

  • Airing a controversial political viewpoint without sufficient counterbalancing — particularly during election periods.
  • Broadcasting covertly recorded material without being able to demonstrate the overriding public interest justification.
  • Using interview footage without the contributor's properly informed consent, or in a way they were not told about in advance.
  • Scheduling content unsuitable for children before the 9pm watershed without appropriate controls.
  • Presenting sponsored content or product placement without proper disclosure to viewers or listeners.
  • Permitting a sponsor to influence the editorial content of a programme it funds.
  • Using a programme to encourage or facilitate crime or to glamorise criminal activity.
  • Making factual errors in news without correcting them with due prominence within a subsequent broadcast.

Broadcasting Code pre-broadcast checklist

  • News and current affairs content is accurate and presented with due impartiality.
  • On controversial political or public policy topics, an appropriately wide range of significant views is represented.
  • If broadcasting during an election or referendum period, I have applied the additional Section Six obligations.
  • Any covert recording or undercover technique is justified by a genuine overriding public interest I can document.
  • All contributors have given properly informed consent and have been given advance information about the nature of the programme.
  • Any material unsuitable for children is scheduled after 9pm or behind appropriate access controls.
  • Sponsored content is clearly disclosed and the sponsor has not influenced the editorial content.
  • There is no product placement that has not been properly disclosed to viewers/listeners.
  • Privacy intrusions are warranted, proportionate, and the subject has been given a fair opportunity to respond.
  • Any factual error identified post-broadcast is corrected with due speed and appropriate prominence.

Ethics decision tool

Work through broadcast ethics decisions — including impartiality, privacy, and fairness to contributors — with our ethics flowchart.

Open Ethics Flowchart

How Ofcom investigations differ from IPSO complaints

Ofcom

  • Statutory basis (Communications Act 2003)
  • Can investigate on own initiative
  • Sanctions up to 5% of qualifying revenue or £250k
  • Can suspend or revoke licences
  • Formal, structured investigation process
  • Findings are published as statutory decisions

IPSO

  • Voluntary (contractual) basis
  • Requires a complaint to investigate
  • Main remedy is publication of adjudication
  • Fines rarely applied, maximum £1m for systemic failure
  • Faster turnaround for standard complaints
  • Mediation-first approach

Common mistakes

  • Assuming the Broadcasting Code applies to all podcasts — it applies only to licensed broadcast services and regulated ODPS.
  • Conflating due impartiality with equal time — due impartiality means appropriate weight, not mathematical balance.
  • Using interview footage in a way the contributor was not informed about — the fairness obligations in Section Seven are strict.
  • Thinking that editorial independence from sponsors is merely aspirational — it is a Code requirement and Ofcom investigates breaches.
  • Applying press-standards thinking to broadcast privacy — Ofcom's privacy rules have their own distinct framework and case law.
  • Forgetting that election rules apply from the moment an election is called — not from polling day.

Related guides

Primary sources

Frequently asked questions

Does the Ofcom Broadcasting Code apply to podcasts and YouTube channels?
Generally, no — the Broadcasting Code applies to licensed TV and radio services and to on-demand programme services (ODPS) regulated under the Communications Act 2003. Most podcasts and YouTube channels are not licensed broadcast services and are not ODPS regulated by Ofcom. However, a broadcaster's own podcast or catch-up service linked to a licensed service may fall within Ofcom's scope. The Online Safety Act 2023 introduces new duties for video-sharing platforms but these are distinct from the Broadcasting Code framework.
What does due impartiality mean in practice for broadcast journalists?
Due impartiality under Section Five of the Broadcasting Code does not mean that every story must give equal time to every viewpoint — 'due' means appropriate weight given the nature of the subject. On matters of 'major political or industrial controversy or major matters relating to current public policy', the Code requires that an appropriately wide range of significant views are included, either within a single programme or across a series. For current affairs programmes, this is closely monitored, particularly during election periods when special rules apply.
How does an Ofcom investigation differ from an IPSO complaint?
Ofcom is a statutory regulator with powers under the Communications Act 2003. It can impose substantial financial penalties — up to 5% of broadcaster qualifying revenue or £250,000, whichever is greater — and in extreme cases can revoke a licence. IPSO is a voluntary regulator with no statutory basis; its main remedy is requiring publication of an adjudication, and its fines are limited and rarely applied. Ofcom investigations tend to be slower and more formal; IPSO complaints are faster but carry fewer teeth. Ofcom can also investigate on its own initiative; IPSO requires a complaint.
What are the special rules for elections and referendums?
Section Six of the Broadcasting Code places additional obligations on broadcasters during elections and referendums. Licensed broadcasters must not broadcast an interview with or a political advertisement by a candidate in a constituency without taking reasonable steps to offer similar opportunities to all other candidates. The practical application of due impartiality becomes more demanding. There are also specific rules around exit polls (embargoed until polls close) and around programmes about candidates that could affect voting.
What is an 'on-demand programme service' (ODPS) and how is it regulated?
An ODPS is a service that allows users to view programmes at a time of their choosing — such as a broadcaster's catch-up or streaming library. Ofcom regulates ODPS providers based in the UK under the Communications Act 2003 (as amended by the Digital Economy Act 2017). Regulated ODPS must comply with rules on: protection of under-18s, accessibility, and restrictions on harmful content. These obligations are less detailed than the full Broadcasting Code but the ODPS framework has been expanding. Most major streaming services (BBC iPlayer, ITVX, Channel 4 streaming) are regulated as ODPS.
Can Ofcom hold individual journalists responsible, or only broadcasters?
Ofcom's sanctions run against the licence holder — the broadcaster — rather than against individual journalists. In practice, Ofcom findings result in the broadcaster being required to change its practices, broadcasting a correction or apology, or paying a financial penalty. Individual journalists are not directly fined or sanctioned by Ofcom. However, serious Ofcom findings can damage a journalist's professional reputation, lead to internal disciplinary action by the broadcaster, and in extreme cases influence whether a journalist is employable in future broadcast roles.

Primary sources

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