91Èȱ¬

The 91Èȱ¬ today announced new policy guidelines to make it clearer who is responsible for editorial compliance when the on-screen/on-air talent owns the company making the programme or has a senior role in the production team.

Applying immediately to all 91Èȱ¬ commissions in television and radio, the new guidelines state that for in-house and independent programmes, on-screen/on-air talent or their agents must not be responsible for editorial standards or compliance procedures for the programme in which they appear, and therefore should not be credited as the Executive Producer.

In exceptional circumstances (see policy), an additional Executive Producer must be appointed to take responsibility for editorial controls and compliance procedures.

The 91Èȱ¬ Trust's Editorial Standards Committee recently asked the 91Èȱ¬ Executive to assess the editorial controls and compliance procedures in place for all programmes where the production company is owned and/or managed by the featured performer.

These new policy guidelines are based on the 91Èȱ¬'s assessment of its editorial controls and procedures, and will ensure that the 91Èȱ¬'s editorial standards and compliance procedures are strengthened.

George Entwistle, Controller of Editorial Standards, 91Èȱ¬ Vision, said of the changes: "On-screen and on-air talent plays a vital role in 91Èȱ¬ productions, both independent and in-house, and their creative input is very highly valued. But creative input must not be confused with responsibility for editorial standards and compliance.

"Artists and their agents need to be free to focus on the creative process while another senior member of the team takes responsibility for ensuring that compliance procedures are followed and editorial standards are met."

Notes to Editors

On-screen/on-air talent is playing an increasingly significant role in some 91Èȱ¬ productions. Whilst this role is creatively valuable, it has the potential to give rise to editorial or compliance conflicts, in particular where the programme is produced by a company where the on-screen/on-air talent is a director or shareholder of the company, or holds a senior management role within the company or in-house department.

The 91Èȱ¬ has therefore reviewed its compliance processes for dealing with such productions, in particular looking at the role of executive producer.

The new policy guidelines are set out below and apply across Television and Radio. They apply immediately to all 91Èȱ¬ commissions.

(i) In all programmes, whether in-house or independent (or a joint production between the two), on-screen and on-air talent must not be the executive producer of the programme in which they appear, or be credited as such. The only exception to this position is as outlined in paragraph (iii) below.

(ii) The executive producer role on any production cannot be undertaken by an agent/agency employee if the talent that the agent/agency represents is appearing in the programme. Exceptionally, where the 91Èȱ¬ agrees that it is essential for the on-screen/on-air talent's agent to carry out the executive producer role, the production will be required to appoint an additional executive producer (to be approved by the 91Èȱ¬) as part of their team, and that additional executive producer must be clearly established in the editorial specification as the executive producer responsible for all editorial standards and compliance matters on the programme. Where the production is an in-house/independent joint production, the executive producer responsible for editorial standards and compliance should be the nominated executive producer from 91Èȱ¬ production.

(iii) For productions which have a scripted narrative or are scripted sketch shows, the 91Èȱ¬ may accept in exceptional circumstances that it is essential for the on-screen talent to be given an executive producer credit. In these cases, the production will be required to appoint an additional executive producer (to be approved by the 91Èȱ¬ commissioning executive) as part of their team, and that additional executive producer should be clearly established in the Editorial Specification as the executive producer responsible for all editorial standards and compliance matters on the programme. As above, where the production is an in-house/independent joint production, the executive producer responsible for editorial standards and compliance should be the nominated executive producer from 91Èȱ¬ production.

(iv) As with all 91Èȱ¬ commissions, an acceptable executive producer with adequate experience must be agreed in advance by the 91Èȱ¬ commissioning executive and named in the editorial specification. Any proposed change in the executive producer must be notified to the 91Èȱ¬ immediately and an acceptable alternative agreed and recorded in the editorial specification.

NB: In radio, not all independent productions require an executive producer from the independent – this remains at the discretion of the commissioning network. The requirements for the executive producer above shall apply to the producer in these circumstances. Separately there will be a named individual in the editorial specification listed as responsible for compliance.

(v) In the compliance conversation at the point of commission for every independent production, it is the responsibility of the independent producer to ensure that it is established and recorded in the editorial specification if the on-screen/on-air talent (or their agent) has an ownership or management relationship with the independent production company.

(vi) Where it is established under paragraph (v) that the on-screen/on-air talent (or their agent) does have an ownership or management relationship with the independent production company, then any specific editorial issues or potential conflicts of interest that may arise as a result, shall be raised by both the 91Èȱ¬ and the independent production company in the compliance conversation and any agreed steps to mitigate these risks, in particular where the talent's agent is being proposed as the executive producer on the programme, shall be agreed and recorded in the editorial specification.

(vii) For long-running radio strands, the independent producer will be required to notify the 91Èȱ¬'s editorial representative of any material changes to the programme prior to broadcast so any additional compliance issues can be addressed.

(viii) The 91Èȱ¬'s agreement to any exceptions under paragraphs (ii) and (iii) can only be given by the relevant Genre Controller, Radio Controller or Head of Programmes (for the Nations), as appropriate.

Any questions about the application of these guidelines should be directed through your usual commissioning contact in the first instance.

91Èȱ¬ Press Office