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Factual content guidelines

This page applies to all factual content across all genres. It sets out Channel 4's best practice procedures and guidelines. It should be read and followed by all content creators working on factual content or items or portrayals of factual matters.

Watch the e-module

Introduction

This page should be read and followed by all content creators working on factual content or items or portrayals of factual matters.

If your content also involves filming with children and/or filming in dangerous countries and/or secret filming or recording, then the following additional guidelines must also be read and followed:

Please also take the time to watch our e-module on factual programming, which offers invaluable guidance to help you make the content you want to make.

It is the responsibility of the content creator and the executive producer to ensure that this document is circulated to every member of the production team and that they are not only aware of its contents but that they follow the rules and procedures it contains.

The following guidelines set out established best practice for factual content on linear and online. It is not an exhaustive list of all issues and it is not a substitute for reading and adhering to the 4Compliance website, the Ofcom Code and seeking early advice from your commissioning editor and the Legal & Compliance department.

Anonymous sources and journalistic undertakings

There are occasions where you may be relying on evidence or testimony of a source. The weight to be attached to that source will depend on their respective standing, credibility and motive. It is the content creators responsibility to take appropriate steps to interrogate the credibility of the source, especially where they have asked to be anonymous.

Some sources may request a condition of anonymity and content creators should ensure that they are clear as to what conditions are being sought. They should not assume that a source always wants blanket anonymity. Some sources may not wish to appear on camera but are happy to be referred to in general terms. Others may agree to be shown with their face concealed on camera but may be happy for their real voice to be heard. Content creators should ensure that whatever conditions are agreed that these are recorded to avoid dispute later.

All conditions of anonymity must be discussed with your commissioning editor and content lawyer/compliance advisor before they are agreed with the source.

If the source is seeking an unqualified undertaking that ultimately might bring the content creator into conflict with the law and they are expecting Channel 4 to be bound by the undertaking, this must be referred up internally at Channel 4 to the Chief Content Officer and ultimately to the Channel 4 Board for approval.

See also: Working with anonymous sources and protection of sources (in Consent)

Editorial control and previews

Final editorial control in the content rests with Channel 4. Please do not cede to anyone the right to say what you may or may not use in the film. If such requests are made, refer them to your commissioning editor.

You should not reach any deals with interviewees or sources that might govern the sort of content you make without careful advance reference to your commissioning editor and content lawyer/compliance advisor. Such a deal could jeopardise the project and may be changed by the Channel for legal or editorial reasons - we cannot back your guarantees.

Channel 4's general policy on not allowing third parties to preview material in advance of broadcast/publication is identical to that of all other broadcasters. Therefore, do not agree to show the film or any section of it to anybody prior to broadcast/publication without the prior approval of your commissioning editor and content lawyer/compliance advisor.

In certain limited circumstances and at the discretion of the Channel, it may be permissible to allow limited viewing rights under strict parameters to ensure factual accuracy, for example where exclusive access has been granted to the content creator. 

Again, these must be approved in advance by the commissioning editor and content lawyer/compliance advisor and this is subject to final editorial control being retained by Channel 4.

Filming with the police, emergency services and public authorities

When negotiating access with, for example, the police, the emergency services, hospitals or the ministry of defence, the authority may seek to place conditions on access, which may include viewing rights and a right of veto.

Please discuss any agreements and ensure that these are approved by your commissioning editor and content lawyer/compliance advisor before signature. Some draft agreements issued by organisations may contain clauses which attempt to cut across the editorial independence of Channel 4 and are therefore unacceptable.

When filming with the police or emergency services, it is good practice to identify yourself and the fact you are filming for Channel 4. You must leave if you are asked to by the occupant or owner of premises or by the police.

Individuals in distress should not be put under pressure to agree to be interviewed or otherwise take part unless it is justified by the public interest. Where content examines issues that involve victims of violent crime or accidents and includes images of those victims or a discussion of the circumstances leading to their death, in so far as it is reasonably practical the content creators should notify the surviving next of kin and/or immediate family about the content and its intended broadcast/publication date. This applies even if the events or material have been in the public domain. Particular care is needed if you are relying on an intermediary to pass letters to the family.

Keep in mind that any written communication you have with a public authority may potentially be disclosed to a third party if a request is made under the Freedom of Information Act 2000.

The Official Secrets Act 1989 makes it a criminal offence to obtain or publish any information from a serving or former member of the security and intelligence services or from certain categories of civil servants or public contractors where that disclosure would be damaging. There is no public interest defence.

If it is anticipated that a project will stray into this complex area of law, referral to your commissioning editor and content lawyer/compliance advisor should be made immediately.

Freedom of information

Does production of your content involve making contact with a public authority in the United Kingdom? You may need to communicate in the course of production with public authorities in any number of capacities, perhaps as contributors (such as filming with the armed forces or in a school, hospital, National Health Service body or prison) or maybe to help secure access to other contributors or locations as part of your production (like contacting a government department). You must take care here because any of your written communications (including access agreements and production protocols) with public authorities in the United Kingdom could potentially be disclosed to a third party (sometimes a journalist) if a request is made under the Freedom of Information Act 2000 (known as "FOIA"). This Act creates a public "right of access" to information held by public authorities. Although there are some exemptions which you may be able to rely on, you must be prepared that anything written and provided to a public authority could be disclosable and could end up in the public domain. Accordingly, always ensure that any commercially sensitive information in access agreements, e.g., access fees, are clearly marked as confidential and ensure that you don’t write anything in any email or correspondence with the public authority that you wouldn’t be happy to see published.

If you have any queries about this area please contact your content lawyer/compliance advisor and commissioning editor who will able to assist.

Police enquiries

Whilst there can be a legal obligation to answer questions properly asked by a court of law, there is no legal duty to provide information to the police for their inquiries, save in exceptional circumstances, for example if the matter relates to a breach of section 1 of the Official Secrets Act 1911 regarding national security (spying), or relates to certain terrorist offences. See 'Terrorism'.

However, content creators must never be dishonest or attempt to mislead the police in their enquiries, as this may constitute an attempt to pervert the course of justice, which is a criminal offence.

Any enquiry or approach from the police or authorities in relation to content creating activities must be referred immediately to the commissioning editor and content lawyer/compliance advisor.

Police search powers and journalistic material (PACE)

Under the Police and Criminal Evidence Act (‘PACE’), journalistic material, which includes rushes (published/un-published), is given special protection from seizure by the police. If the police want to seize such material, they must apply to a judge. Normally, the holders of the material, that is the broadcaster/publisher/content creators, are entitled to make representations to the judge and argue against disclosure if they so wish.

Before a judge will order material to be handed over to the police, they must be satisfied that there are reasonable grounds for believing that a serious criminal offence has been committed, that the evidence would be admissible at trial and would be of substantial value, and that disclosure would be in the public interest. In practice, however, the courts often order the broadcaster/publisher and journalists to disclose such material whenever the police make an application.

Refusing to comply with a court order to disclose documents would amount to a contempt even though to do so may reveal an anonymous source. The court may in any event order the naming of the source.

In Scotland the Police and Criminal Evidence Act does not apply but if police seek a warrant for recovery of journalistic material there is now a convention that notice would be given to journalists, publishers or broadcasters so that representations could be made to the court.

Any enquiry or approach from the police or authorities in relation to content creating activities must be referred immediately to the commissioning editor and content lawyer/compliance advisor.

Press, online and trails

On all contentious, controversial, sensitive or high-profile content, the commissioning editor and content lawyer/compliance advisor must have prior sight and approval of any newspaper articles or similar publications (which arise from the content research) by any member of the team – including the reporter and the content creator. This is to ensure the copy fairly reflects the editorial tone and content, that it is factually accurate and does not inadvertently create a legal risk.

All billings and press releases issued by Channel 4 to promote the content will include input from the content creators to ensure factual accuracy. The commissioning editor and content lawyer/compliance advisor will approve all press releases and billings before publication.

All supporting online content should be checked by the content creators to ensure factual accuracy. The commissioning editor and content lawyer/compliance advisor will also approve online content before publication.

All trails will also be checked by the trail-makers with the content creators. The commissioning editor and content lawyer/compliance advisor will also approve trails before they are transmitted.

Promotional cards/emails issued by content creators to promote their content must be approved by the commissioning editor and content lawyer/compliance advisor before they are issued if they relate to contentious, controversial, sensitive or high-profile content.

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