Ofcom Broadcast Complaints Process Consultation

General Discussion
1

Hi All

Ofcom is consulting on changes to the Broadcast Complaints Procedure, with a view to simplifying the process and the administrative burden.

My initial concern is that while the simplification appears straight-forward on the surface, there may well be consequences for individuals and people from minority communities who do not have the capacity to engage with a quasi-legal process like this.

There are elements of this process that are set out in legislation, and there are elements that are determined by Ofcom in its regulatory role.

If there is a proliferationof content and channels, perhaps Ofcom needs more resources to administer the complaints process, rather than watering down the regulations and leaving broadcasting open to manipulation?

Please share your comments, and if you are a member, you can discuss the response via the members only forum thread.

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Here’s a summary of Ofcom’s concerns about the current broadcast complaints process and their proposed changes:

Concerns About the Current Process

  1. Lack of Clarity and Transparency:

    • The existing procedures are not sufficiently detailed or user-friendly, making them difficult for broadcasters, complainants, and Ofcom staff to navigate.
    • The administrative priorities for deciding whether to open investigations are vague, limiting transparency in decision-making.

  2. Inefficient Communication:

    • Notifying complainants directly about outcomes consumes resources that could be better spent on assessing and investigating complaints.
    • Sharing detailed complaint information with broadcasters is inconsistently practised, leading to misunderstandings about what is shared and why.

  3. Delayed and Untimely Complaints:

    • Complaints are sometimes submitted close to or after the end of the content retention period, making it difficult or impossible to access the evidence required for an assessment.

  4. Increased Regulatory Burden:

    • An overall increase in complaints has led to a growing administrative workload for Ofcom and broadcasters, especially community radio stations run by volunteers.

  5. Unnecessary Complexity in Procedures:

    • The structure and language of the current procedures are unnecessarily complex, adding to confusion and inefficiency.

Proposed Changes

  1. Clarifying and Simplifying Procedures:

    • Restructure the complaints process document with clearer headings, sections, and a contents page to make the procedures easier to follow.
    • Introduce plain language and a visual flowchart summarising the process.

  2. Revised Administrative Priorities Framework:

    • Publish a detailed framework outlining how Ofcom decides whether to investigate, focusing on harm, resource use, and potential benefits.
    • Ensure decisions are proportionate, consistent, and targeted at cases with the most significant potential for harm.

  3. Streamlined Communication:

    • Stop notifying complainants of complaint outcomes directly, instead directing them to find outcomes in Ofcom’s publicly available Broadcast and On Demand Bulletin.
    • Generally limit the sharing of complaint details with broadcasters to summaries rather than full texts or complainants’ identities, except in exceptional cases.

  4. Introduction of a Time Limit for Complaints:

    • Require complaints related to broadcast content to be submitted within 20 working days of the relevant broadcast to ensure timely access to evidence.
    • Retain discretion to extend this time limit in specific cases, such as postal delays or ongoing issues.

  5. Improved Accessibility and Inclusivity:

    • Translate the procedures into Welsh and explicitly invite complaints in Welsh, ensuring compliance with Welsh Language Standards.
    • Offer procedures in alternative formats for individuals with disabilities or those unable to access digital resources.

  6. Alignment with Other Ofcom Procedures:

    • Align the time limits and notification practices with those of other Ofcom enforcement processes, such as content standards and fairness/privacy complaints, for consistency.

These changes aim to improve the efficiency, transparency, and proportionality of the broadcast complaints process while reducing the regulatory burden on broadcasters and ensuring accessibility for complainants.