Repeat business: how to monetise your back catalogue without causing a crisis!
Audience expectations, attitudes and sensibilities change over time: what the nation thought amusing or acceptable in the past can be unbroadcastable now.
Programmes like The Black & White Minstrel Show, It Ain’t Half Hot Mum and Mind Your Language – all hugely popular when they first aired – haven’t been repeated for many years. Even more recent series, such as Little Britain and Bo' Selecta!, have courted controversy with antiquated attitudes that some viewers now find offensive.
The Ofcom Broadcasting Code refers to this evolution of tastes and opinions using the phrase ‘generally accepted standards’: broadcasters must ensure that any content that may cause offence is justified by the context.
That means it’s crucial that some programming is reviewed regularly if it is to be shown again. If not, an unfavourable Ofcom adjudication and/or negative media interest will leave a very bad taste in the mouths of rights holders and viewers alike.
Other forms of content, like true-crime or blue-light programming, need regular review for different reasons. There may be new active criminal proceedings that a broadcaster must not prejudice. Broadcasting material that adversely impacts a trial can be a contempt of court: those with editorial responsibility can be prosecuted. Successful criminal appeals leading to a new not-guilty verdict will make a previously safe show about a ‘criminal’ unfair or even defamatory. Some broadcasters also want to know whether a criminal’s conviction has become ‘spent’, meaning they are no longer legally compelled to disclose past crimes. R&C offers a dedicated contempt check service that combines practical checks with additional input from contempt specialists.
Regular reviews and further research need to be completed before platforms/broadcasters will be comfortable that there are no risks. If a company wants to monetise a back catalogue or keep it available for longer, the ability to offer a hassle-free re-complied series is seriously appealing to broadcasters. The devil will be in the details, and the unique content of each programme will, as always, be crucial—but the table below is a general overview of how frequently different formats should be reviewed.
The other significant reason to ensure archive content is reviewed is that the regulatory world is about to change, with Ofcom due to publish a new draft VOD (video on demand) Code and guidance. Not only will this bring into scope platforms that don’t currently fall under UK jurisdiction, such as Netflix, but it will also extend the scope of the current VOD Code to align more with the linear Broadcasting Code, making the VOD Code more onerous.
R&C can ensure you remain safe in this new world
We have a dedicated team of compliance experts who have worked at senior levels in the television industry, including at ITV and Sky. We’re here to re-review programmes, ensuring archive content complies with the relevant Ofcom Codes and the law in a swift, practical and commercially aware way.
Our experience in planning and overseeing editing means we can suggest seamless edits if some material is deemed non-compliant. We can even oversee and arrange the editing, delivering a fully compliant programme, ready to broadcast.
If you’re a rights holder, we can offer you peace of mind before you negotiate with or approach a broadcaster or platform.
We appreciate that cost is a major factor for producers, rights holders and broadcasters, so we can supply a competitive rate card, particularly where entire series need to be re-reviewed.
For more information about re-compliance or any other general compliance queries, email the team at compliance@reviewedandcleared.com
News & Views Category: Compliance
