Ofcom and PCC Ofcom Broadcast Code

PCC Editors' Code

What is its legal basis?

Ofcom is statute based

What sanctions can it impose?

Able to fine broadcasters

Is there any defence to breaches of the code?

Where an infringement is 'warranted'

*
If is 'warranted' by public interest then will have to show this outweighs the other rights (e.g. to privacy)

What is its legal basis?

PCC is based upon self-regulation

What sanctions can it impose?

As is a voluntary body, the powers of redress are limited

Does it have any impact upon court cases?

When considering an application for an injunction in privacy the court will consider the terms of the PCC Code when making its decision

What materials / publications does it apply to?

The same standards are applied to articles appearing on website and blogs as to those for print articles

Is there any defence to breaches of the code?

Any paragraphs of the code with a * have the public interest defence available which includes:

a) Detecting or exposing crime or a serious misdemeanour

b) Protecting public health and safety b) Any editor has to demonstrate fully they believed the publication, or journalistic activity undertaken with a view to publication, is in the public interest and how that was established at the time

Who can be liable under the code?

a) The journalist themselves

b) The editor for their own actions, or for the actions of their journalists / staff

c) Preventing the public from being misled by some statement or action of an individual or organisation

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