Ofcom reminds stations about local election rules for radio

Broadcasters are being reminded about the regulatory rules regarding Politicians acting as presenters during the election period.

Ofcom has published a note to inform broadcasters of Rule 6.6 of the Broadcasting Code which states: “Candidates in UK elections, and representatives of permitted participants in UK referendums, must not act as news presenters, interviewers or presenters of any type of programme during the election period”.

The rules mean that no candidate who is standing nominated at the start of the appropriate election period may appear as a presenter of any type of programme until after the close of the poll. The Code defines a “candidate” as having the meaning given to it in section 93 of the Representation of the People Act 1983 (as amended), i.e. a candidate standing nominated at the election or included in a list of candidates submitted in connection with it.

This rule is designed not just to prevent electoral issues from being reported in a partial manner, but also to help secure the integrity of the democratic process, and the public’s trust in that integrity, by preventing any unfair electoral advantage being afforded to a particular candidate through their appearance on licensed services.

In addition, Rule 5.3 states that: “No politician may be used as a newsreader, interviewer or reporter in any news programmes unless, exceptionally, it is editorially justified. In that case, the political allegiance of that person must be made clear to the audience”.

Ofcom’s Guidance for Section Five (due impartiality and due accuracy) states that, in terms of this section of the Code, news in whatever form would include news bulletins, news flashes and daily news magazine programmes.

Outside of news programmes, there is no Ofcom rule that prevents a serving politician or political candidate from hosting or appearing on a TV or radio show – provided they aren’t standing as a candidate in an election in that election period.

This means that politicians are allowed to present current affairs programmes such as audience phone-ins and discussion programmes.

Whether or not a programme is a news programme or a current affairs programme depends on a number of factors, including its content and format.

It is an editorial matter for the broadcaster as to how it maintains due impartiality in programmes, and there is a range of editorial techniques it may use to do this, such as: the inclusion of interviewees who can offer alternative viewpoints; a presenter summarising an alternative viewpoint; and/or a presenter challenging the views of interviewees.

Ofcom will consider any breach arising from election-related programming to be potentially serious and will consider taking appropriate regulatory action, which could include the imposition of a statutory sanction.

On 4 May 2023 there will be local (and mayoral) elections taking place in some parts of England. The election period for these elections started on 27 March 2023.

On 18 May 2023 there will be local elections taking place in Northern Ireland. The election period for these elections starts on 11 April 2023.

To see the full Section Five: Due Impartiality and Due Accuracy and Undue Prominence of Views and Opinions document, visit this page.