With the upcoming General Election Ofcom has taken the opportunity to remind stations and licence holders where to find information about the Broadcasting Code rules which apply during election and referendum periods.

1. May 2015 elections – Ofcom compliance
workshops
Adam Baxter, Stephen Taylor, Trevor Barnes
11 to 20 March 2015
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2015 elections – The Background
On 7 May 2015 the following elections are taking place:
• General Election – 650 constituencies across England, Wales, Scotland and Northern
Ireland.
• English local elections – approximately 9,500 seats across 36 Metropolitan Boroughs,
49 unitary authorities and 194 district councils.
• Mayoral elections - Bedford, Leicester, Mansfield, Middlesbrough and Torbay.

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Context: The 2010 General Election was a close election
• The 2010 General Election was widely described as the closest General Election in
many years.
• The election resulted in a hung Parliament and a coalition UK Government for the first
time since WW II.
• UK-wide televised leaders’ debates took place for the first time in the UK.
“It was the first ever campaign to feature televised debates between the three main party leaders,
something which all involved in the campaigns – participants and observers –accepted would alter the
shape and feel of the campaign, although there was less confidence that they would have much effect
on the outcome. In the event, the debates had a much greater impact on the rhythm and feel of the
campaign than almost anyone had predicted. They effectively became the national campaign, sucking
the life out of many of the more traditional aspects of campaigning” – Kavanagh and Cowley (2010).
• All three of the largest parties ‘lost’ in some way in 2010:
o The Conservatives failed to get an outright majority.
o Labour saw its second worst performance since 1918.
o The Lib-Dems lost seats despite the Lib-Dem ‘surge’ following Nick Clegg’s
performance in the first leaders’ debate.

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…but the 2015 General Election will be even closer
• Both Labour and Conservatives are neck and neck in the polls with only weeks to go to
the campaign.
• Lib-Dem support has fallen away quite dramatically.
• UKIP is now consistently polling at around 15% in the polls.
• The Green Party has grown from a low base to poll at around 6% in the polls.
• The SNP is being predicted to be the third largest party in Parliament after the election.
• A hung Parliament is seen as the most likely outcome with a number of parties across
the UK potentially being candidates for some role in a future UK Government.
THE 2015 GENERAL ELECTION WILL NOT BE A CASE OF ‘BUSINESS AS USUAL’.

5. Regulation of election/referendum coverage
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• “Due impartiality”.
Section 5 Due impartiality
o Due impartiality and due accuracy in news (Rules 5.1 to 5.3).
o Due impartiality on matters of major political controversy and
major matters relating to current public policy (all programmes: Rules 5.4 to 5.12 and
Rule 5.13 on non-national radio).
Section 6 Elections
o Coverage across the campaign (Rules 6.1 to 6.7).
o Constituency reporting (Rules 6.8 to 6.13).

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Due impartiality in election coverage – what’s a practical
interpretation?
• Section Six applies during the “election period” for the
General Election: it now starts at the dissolution of
Parliament 30 March 2015
• No requirement to give equal time to all parties.
• Not every party has to feature in every item.
• But coverage must be impartial between all parties
over the campaign.

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Coverage across an election campaign
Rule 6.2: “Due weight must be given to the coverage of major parties during the election
period. Broadcasters must also consider giving appropriate coverage to other parties
and independent candidates with significant views and perspectives”.
• Due weight is a flexible term and does not mean equal coverage.
• We expect broadcasters to give appropriate editorial coverage to non-major parties,
especially in situations where there are likely to be a greater range of potential voices
competing for coverage. Particular reasons for this in 2015:
o It appears likely no party may win an overall majority.
o A number of parties (including those from the different nations of the UK) may have
some role in forming the next UK Government.

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What’s a “major party”?
Due weight must be given to coverage of major parties:
ENGLAND Conservative, Labour, Lib-Dem, UKIP.
SCOTLAND Conservative, Labour, Lib-Dem, SNP.
WALES Conservative, Labour, Lib-Dem, Plaid Cymru, UKIP.
N.IRELAND Alliance, DUP, Sinn Fein, SDLP, UUP.

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What are the requirements for smaller parties and
independent candidates?
• Appropriate coverage.
• Consider: past electoral support, current support (opinion polls), number of candidates
etc.
• This will vary in different localities.

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What are the requirements on constituency reporting?
What’s a constituency report or discussion?
• Useful test for broadcasters: Could a report or discussion be seen as promotional for a
candidate within his/her constituency?
Rule 6.8: “Due impartiality must be strictly maintained in a constituency report or
discussion…”.
• For candidates unable to take part in a constituency item, that party’s view should be
reflected as appropriate.

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What are the requirements on constituency reporting
(2)?
Rule 6.9: “If a candidate takes part in an item about his/her particular constituency, or
electoral area, then candidates of each of the major parties must be offered the
opportunity to take part. (However, if they refuse or are unable to participate, the item may
nevertheless go ahead.)”
Rule 6.10: “…broadcasters must offer the opportunity to take part in constituency or
electoral area reports and discussions, to all candidates within the constituency or
electoral area representing parties with previous significant electoral support or where
there is evidence of significant current support. This also applies to independent
candidates. (However, if a candidate refuses or is unable to participate, the item may
nevertheless go ahead.)”
• “Takes part” means deliberate participation.
• “Current support”: broadcasters should use “objective and
measurable evidence” (most obvious is opinion polls).

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What are the requirements on constituency reporting
(3)?
Rule 6.11: “Any constituency or electoral area report or discussion after the close of
nominations must include a list of all candidates…”.
• Television: Full candidate list in each broadcast.
• Radio: Full list broadcast once and then in repeats of the report on the same day
broadcaster can refer to website or other information source.
Radio 6.12: “Where a candidate is taking part in a programme on any matter, after the
election has been called, s/he must not be given the opportunity to make constituency
points, or electoral area points about the constituency or electoral area in which s/he is
standing, when no other candidates will be given a similar opportunity”.
• DANGER: SPOKESPERSONS MAKING CONSTITUENCY POINTS.

13. What are the requirements if candidates are included in
programmes?
Rule 6.6: “Candidates in UK elections...must not act as news presenters, interviewers or
presenters of any type of programme during the election period”.
• Effect of Rule 6.6: From 30 March 2015, candidates must not be used as news
presenters, interviewers or presenters of any programmes. This rule is designed to help
secure the integrity of the democratic process.
Rule 6.7: “Appearances by candidates (in UK elections…in non-political programmes that
were planned or scheduled before the election…period may continue, but no new
appearances should be arranged and broadcast during the period”).
• Effect of Rule 6.7: From 30 March 2015 onwards, no new appearances of candidates
should be arranged for in non-political programmes. This rule ensures that candidates
do not appear in programmes to try to gain a political advantage.
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Programming issues
• Care must be taken if there are unintentional references to the May elections when non-
election issues are covered.
• Care should be taken in audience contribution and ‘phone-in’ programmes:
o A range of views should be reflected as appropriate.
o Where alternative views are not readily available: presenters can summarise an
alternative viewpoint; presenters through questions to programme contributors can use
these interviewees to present the alternative viewpoint.
o Presenters should not take advantage of their position on-air.
• Exclude views/opinions of those providing the service (Rule 5.4)

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Polling Day
Rule 6.4: “Discussion and analysis of election…issues must finish when the poll opens.
(This refers to the opening of actual polling stations. This rule does not apply to any poll
conducted entirely by post.)”.
• Effect of Rule 6.4: When the polls open on 7 May 2015, discussion on air about the
elections must end until the polling stations close that night. The rule exists to ensure
that broadcasters do not directly affect voters’ decisions.
Rule 6.5: “Broadcasters may not publish the results of any opinion poll on polling day
itself until the election…poll closes”.
• Effect of Rule 6.5: On 7 May 2015, no opinion polls can be
referred to on air whilst polling stations are open.

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Party Election Broadcasts
• Key provisions:
o “major parties” receive at least two PEBs in each election.
o Other parties (but not independents) can receive PEBs (if they are standing in at
one sixth of seats).
o Length of broadcasts: television: 2’40”, 3’40” or 4’40”; radio: up too 2’30”.
• Ofcom determines any disputes about PEBs.

17. Useful links
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Section Five:
http://stakeholders.ofcom.org.uk/binaries/broadcast/831190/section5.pdf
Guidance to Section Five:
http://stakeholders.ofcom.org.uk/binaries/broadcast/guidance/831193/section
5.pdf
Section Six:
http://stakeholders.ofcom.org.uk/binaries/broadcast/831190/section6.pdf
Guidance to Section Six:
http://stakeholders.ofcom.org.uk/binaries/broadcast/guidance/831193/section
6.pdf
The PPRB Rules:
http://stakeholders.ofcom.org.uk/binaries/broadcast/guidance/ppbrules.pdf

18. Any questions?
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