Editorial risk and compliance
How to ensure your programme is fully compliant
Audio compliance guidance
Independent production companies should refer all compliance queries to their BBC commissioner. For BBC Studios and Public Service in-house productions, single sign-off for compliance applies.
There are two formal compliance moments:
A compliance conversation with the BBC commissioner at the outset
Completion of a compliance form on delivery so that the BBC can check the programme complies with the Editorial Guidelines and is suitable for the proposed slot
A compliance form is required for all pre-recorded programmes. Live programming should be dealt with under the Editorial Policy Live Compliance Guidelines. Subsequent repeats of such programming may require completion of a form.
Compliance conversation
There must be a formal compliance conversation between the BBC commissioner and the independent executive producer at the moment of commission. This should identify the specific problems and risks and discuss and draw up a plan for compliance accordingly. Any use or proposed use of Generative artificial intelligence (AI) should be identified as soon as possible and in reference to the BBC Corporate Policy (pdf)
The Managed Risk Programme List (MRPL) will be discussed at this stage. Below is a checklist of areas that may be covered; Not all of them will apply to all programmes.
For Independent production companies, this compliance conversation will be reflected in the commissioning specification.
Who is responsible?
Identify and name the independent executive producer and the BBC commissioner for the project. These individuals shouldn’t be changed by either side without notification and agreement.
What are the risks/considerations?
Legal, fair trading, bribery act and health and safety risks
If children are involved as contributors or performers (please see the BBC Safeguarding site for more information. Courses are available from the BBC Academy, please speak to your business affairs contact for access)
Other vulnerable contributors
Complex or unusual consent or access issues
Secret recordings
The compliance form is completed online via Proteus.
The form should be submitted on the programme file delivery date and production companies should inform their BBC delivery contact when the form has been submitted.
The compliance form is a snapshot of the editorial judgements taken when making the programme. It summarises the application of the BBC’s Editorial Guidelines.
A thorough understanding of the BBC Editorial Guidelines and associated Guidance Notes is vital.
For independent production companies, the compliance form must be signed by both the independent executive producer and the BBC commissioner or nominated deputy and should only be completed and signed by them after listening to the final edit. It is mandatory that the independent executive producer is responsible for signing the compliance form after the final listen and is named in the editorial specification.
In the rare cases where on-air talent or their agents are the executive producer for a programme in which they appear, another executive producer must be responsible for compliance and signing the compliance form at delivery.
All questions on the compliance form reflect key aspects of the editorial guidelines. These incorporate the relevant areas of the Ofcom Broadcasting Code with which the BBC must comply.
After submission the form will be valid for 30 days after first transmission. It will cover all transmissions within that period, and include availability on BBC Sounds, unless a new version is created or needed for any reason, in which case a new compliance form may be required. Repeats on the brand extension services (Radio 1 Dance; Radio 1 Anthems; and Radio 3 Unwind) only require sign-off once every three months.
The BBC commissioner will be contacted before any subsequent repeat or availability to establish whether the programme can still be transmitted/published as first broadcast. In some cases the independent’s executive producer may also be contacted, especially where there are legal or other important concerns.
Application of the BBC Editorial Guidelines
Editorial judgement is not always easy and discussion with others is helpful and occasionally essential. Independent production companies have access to editorial policy teams and to the BBC legal team, but referrals should be made, at least in the first instance, through the BBC commissioner. The BBC commissioner is the BBC’s editorial safeguard and the final judgement about what is and is not permissible rests with them. If they are not available, please contact the Head of Editorial Standards or (for Radio 4-commissioned programmes) the Content Editor, or the Duty Editorial Policy Advisor
Answering “yes” to any of the questions on the compliance form does not mean that there is a problem with the programme. It is a recognition that the issue exists and has been considered against the BBC’s guidelines. As a rule, if you have considered and discussed something in the programme against the guidelines then it should be noted as part of the process and for future audit purposes. The answer box should be used to give the information specified and support the editorial judgement.
Synopsis
This is the minimum information to enable people who subsequently look at the form to recognise the programme. This might simply be a list of the guests, or the short programme description (or billing). For dramas it should be a brief summary, not the full synopsis.
Legal Issues
It is essential that the heading of the answer box is followed– “state name and date, a short indication of the issues(s) but not the advice given”. In some instances, referral on a legal issue is mandatory so you must state to whom it was referred and when.
Strong Language
The difference between the headings of the two answer boxes should be noted: Any proposal to use the strongest language (cunt, motherfucker or fuck and its derivatives) must be referred to and approved by the relevant Head of Network, who should consider the editorial justification. Head of Editorial Standards may also be consulted.
Strongest racist language
The Divisional Director or their named delegate should be made aware of and agree the editorial justification for the use of the strongest racist language; the Head of Editorial Standards may also be consulted.
There is no consensus about other strong language that may cause offence but include sexist abuse, pejorative words relating to illness or disability, and holy names linked with the most offensive language. Context is key to justifying the use of either the strongest language or other strong language and the response in the answer box should provide this.
A checklist to help assess whether the necessary context exists is:
• what was said
• by whom was it said and who is on the receiving end (age, ethnicity, gender, real person or fictional character can all be relevant)
• why is it used? To express frustration, deliberately to offend, to humiliate and demean, threaten or insult? Strong language used gratuitously (i.e. in a situation where it contributes nothing to the meaning, humour, tone or understanding of a programme) is invariably commented upon by audiences.
However, a moderately strong word when used in a threatening or aggressive manner can be problematic, whilst even the strongest language can be made acceptable by humour
• how. Is it used in an affectionate, derogatory or personally aggressive way; is it in a humorous context, or in a casual and/or repetitive way?
• where it is used, both in the programme (building site, school playground, domestic situation) and, crucially, on transmission (network, date and slot – i.e. who will be listening; if children are likely to be in the audience, greater care is needed)
• audience expectations. Any evidence to indicate that the language and the manner in which it is used is within the expectations of those who could be listening to the programme.
Sexual content
If it is obvious from either the title or the synopsis what the sexual content will be, don’t bother to provide details. If, however, the sexual content might surprise, then details should be provided.
Imitative behaviour, which may result in harm
Greater care is needed when children are likely to be listening or when programmes are likely to be widely heard by under eighteens. Misuse of alcohol and (legal) smoking are treated in the same way as hard drugs. This section also concerns the potential imitation of any anti-social, life-threatening or criminal behaviour.
Disturbing content – Harm & Offence
The images referred to are the ones created in the listeners’ heads. For violence involving children or domestic violence, try to put yourself into the head of a child listening to this output: they may personalise what they hear in a way that an adult would not. This applies not just to factual programmes but also, potentially, to other genres such as entertainment. Disturbing content may include violence to criminals as well as to people.
Editorial Integrity
The products/brands should be listed and the editorial justification sketched, unless the nature of the programme is a review in which case a collective description of the products and confirmation that all references are editorially justified is enough. Particular care should be taken with BBC products, some of which cannot be promoted or mentioned on BBC programmes, and any sponsored event or product. The mandatory referrals must take place in advance.
Real People
Put yourself in the shoes of the continuity announcer who introduces your programme. If the preceding news bulletin refers to “X” having died or done something spectacular, it would be enormously helpful to know that “X” features in your programme. Please list those contributors who could fall into that category.
Detail of “References to public figures” should be provided only if the reference is unexpected in the context.
Privacy
We should behave fairly both to contributors and to those to whom reference is made in a programme. Amongst other things this means not disclosing material of a personal or private nature without the fully informed consent of all relevant people to whom the information may be considered personal or private – unless there is a clear public interest in the disclosure. It should also be considered that broadcasting particularly personal information, even with the consent of those involved, has the potential to cause offence amongst the audience. Details of any such material must be given. Secret recording is a mandatory referral and must be referred in advance of the Recording.
Impartiality, Accuracy and Fairness
Does the programme deal with matters of public policy, political or industrial controversy – or controversial matters within religion, science, finance, culture or elsewhere?
Other Sensitive Issues
The Editorial Guidelines are a substantial document. The earlier questions list only those issues most likely to crop up. This question is a catch all – is there anything else that needs to be considered concerning the editorial, ethical and legal standards or judgements in the programme?
TX recommendation
Unless the programme is completely time and network neutral (i.e. suitable for any possible audience to BBC programmes, including young children, at any time in the future), this should be answered “no” (with an explanation) so that it is reviewed again before being transmitted or repeated. Your answer here may also affect the on-demand labelling of the programme.
Additional editorial content
This is only content that has affected your judgement under the Editorial Guidelines. If the programme deals with difficult subject matter but part of your editorial justification is that a helpline is offered, details should be entered here. It is for those situations when we need to broadcast “If you have been affected by any of the issues in this programme, you can find support at bbc.co.uk/actionline, this information should also be included in the programme description.
Mandatory referrals
Referrals to David Jordan, Director, Editorial Policy and Standards are mandatory for the inclusion of specific content. This includes the broadcast of secretly recorded material, interviewing a criminal or the dramatic portrayal of a real person against the wishes of the individual or their relatives.
