Summary

A radio station is generally constituted as a private company or a department of a larger company and is subject to all the laws and regulations governing any such body. In handling the specific challenges of public broadcasting it is all too easy for the manager to lose sight of general legal requirements in fields such as employment, health and safety and taxation. While in no way wishing to minimise the importance of such issues for the radio manager, up-to-date information on these areas of legislation is widely available and we will here concentrate on matters more specific to broadcasting.

Licence conditions

The specific requirements specified in a station's licence and the general policies set out in Ofcom's Broadcasting Code (Ofcom 2005) have the force of law and are punishable by fines or, ultimately, the revocation of the licence. Experience suggests the manager should take particular care to ensure compliance in four areas: any limitations on the style and content of programming specified in the service's 'format' document; harm and offence; fairness and impartiality, and; commercial references in programming.

Taste, decency and offence

There has been a long tradition of discussion about what is acceptable for broadcast - as David Hendy wrote 'one person's freedom of expression was always someone else's filth.' (Hendy 2007: 316). Previously well established standards of 'taste and decency' were replaced in the Communications Act 2003 by arguably slightly less subjective tests of 'harm and offence'. Managers responsible for programme making should familiarise themselves with both the Code and Ofcom's interpretation of it in response to complaints, as reported regularly in their Broadcast Bulletins (see www.ofcom.org.uk). Section Two of the code (Ofcom 2005) specifies that 'generally accepted standards' must be applied to the contents of television and radio services so as to provide adequate protection for members of the public from the inclusion of 'harmful and/or offensive material' and goes on to introduce the importance of context in such decisions:

In applying generally accepted standards broadcasters must ensure that material which may cause offence is justified by the context (see meaning of "context" below). Such material may include, but is not limited to, offensive language, violence, sex, sexual violence, humiliation, distress, violation of human dignity, discriminatory treatment or language (for example on the grounds of age, disability, gender, race, religion, beliefs and sexual orientation). Appropriate information should also be broadcast where it would assist in avoiding or minimising offence.
Context includes (but is not limited to):

• the editorial content of the programme, programmes or series; 
• the service on which the material is broadcast;
• the time of broadcast;
• what other programmes are scheduled before and after the programme or programmes concerned;
• the degree of harm or offence likely to be caused by the inclusion of any particular sort of material in programmes generally or programmes of a particular description;
• the likely size and composition of the potential audience and likely expectation of the audience;
• the extent to which the nature of the content can be brought to the attention of the potential audience for example by giving information; and
• the effect of the material on viewers or listeners who may come across it unawares.

(Ofcom 2005: 17)

A repeated disregard for accepted standards of taste and decency can result in a station receiving a substantial Ofcom fine and, in extreme cases, losing its licence.

In a medium dominated by live programmes radio managers must rely on their staff and presenters to understand where the lines must be drawn. There is no universally applied list of banned words or phrases, material appropriate to one service at a particular time of day might be completely unacceptable at any time elsewhere. Ofcom tends to be guided by its own research into what listeners find offensive, and by listeners' reasonable expectations of a specific programme in a particular service.

The programme manager must consider the target audience and image of the service, the likely age and demographic make up of the audience and the objectives of an individual programme before setting out guidelines for their own station. There is inevitable pressure on the manager from broadcasters who have heard a particular word being used on another station, or an unedited version of a song being played, to permit the same on their own service. If in doubt a clear understanding of the values and tastes of the target listener and solid grasp of the station's brand values will usually define the correct course of action.

The manager should accept no excuses for lapses by the presenter in a live programme, stressing in advance that, if the presenters or production staff are in any doubt about the suitability of an item they should leave it out until they have an opportunity to refer the matter upwards, usually to Programme Controller level. Where, with hindsight, something has gone out which might cause problems, staff should be encouraged to tell the Programme Controller as complaints can sometimes be deflected, with offence minimised, if the management ready for them. This requirement places an obligation on the manager to be far less threatening in her or his demeanour when something is brought to their attention by those involved than when it is highlighted by complaints from third parties.

In drawing up employment contracts for on-air staff and freelancers a clause should be considered requiring employees to take all necessary measures to avoid anything which would be in any way illegal, needlessly offensive, scandalous, or defamatory. New broadcasters may believe that these concerns are limited to the use of smutty vocabulary, and may seek a definitive list of what they may, and may not, say on the air. It is the responsibility of their manager to ensure they appreciate the greater degree of offence often caused by sexual innuendo, sexism, racism, religious intolerance and incautious remarks about matters in the news.

During interviews and where listeners participate in a programme the presenter must be aware of their responsibility to control the conversation and the behaviour of the contributor. If the guest suddenly becomes offensive or defamatory any damage can be considerably reduced if the presenter is heard to respond quickly and responsibly. Production staff should be expected to take the precaution of pre-recording any participation by anyone who has a reputation for offensive behaviour.

Handling Complaints

In general the staff at Ofcom do not concern themselves with detailed programming issues unless someone draws a matter to their attention. If good management can prevent any complaint reaching their desks the station will never have to answer to them for any mistakes. The same could be said of the courts and where mistakes happen efficient management can defuse a complaint at an early enough stage to save a lot of time, trouble and expense. Unfortunately, even where the complaint is without merit, if it goes further than the station the manager will have to go to the trouble of providing copies of logging recordings, written transcripts and explanations. The amount of work, particularly if solicitors become involved, can be out of all proportion to any offence caused to the average listener.

The key in handling an original complaint is to remember that the average listener is not likely to complain to any other authority if they are satisfied with the response they receive initially from the radio station. Thus ALL complaints must be brought immediately to the attention of senior management. This is easy enough if the complaint arrives by email, post or telephone during the working day, but it must also apply if your presenter takes an angry call on a 'phone-in line at 2 o'clock in the morning. Whoever receives the comments should make a brief note of them and tell the listener that their comments will be passed to the manager for immediate attention. The listener should be told that they will receive a response from the manager as soon as possible but no further discussion should take place.

Managers find it helpful to adopt a strategy of matching force: if the listener complained by telephone in the evening then respond by telephone in the evening; if they sent an email, respond by email; if the complaint arrived in a formal letter they should receive a polite formal letter in reply; if they turn up unexpectedly in reception then if possible meet them and discuss the matter there. With an appointment the manager might see them in his or her office. Whatever the means of response it is crucial to keep a thorough record of everything said, sent or received. Most importantly, if the listener has engaged the services of a solicitor then they should receive a response from the radio station's solicitor. It flows from a policy of matched force that if they increase the stakes by involving the legal profession the station must too.

There are some situations where the manager would be well advised to contact a solicitor first. Suppose someone complains that they have been defamed by a comment in the breakfast show. If, when the manager listens to the logging recorder, there seems to be a case to answer, it is safest to discuss tactics with the company's solicitor before responding. The radio station's indemnity insurance will probably require that legal advice is taken in such situations, possibly involving the insurers legal advisors. Your solicitor may well suggest that you reply in apologetic terms without admitting the libel.

All complaints should be retained on file centrally, together with copies of any correspondence and notes of conversations. The station must also hang on to a copy of the relevant programme audio. While the station is always required to retain logging recordings for 42 days Ofcom expects any contentious audio to be immediately saved to a more permanent medium and stored until any possibility of an appeal to Ofcom has passed. The recordings are made using purpose-designed hard-disc recorders, computers running widely available logging software, or, in older installations, on special DAT tape machines or even VHS long-play video recorders giving 8 hours per tape.

Failure to supply a recording when requested by Ofcom can lead to a substantial fine and a serious black mark against the licence holder. As a result, depending on the security of the system used, some stations limit access to the recordings to management only. This avoids a daily queue of people wanting to extract audio for a podcast, make a dub of a spectacular "blooper" or to take air-checks of their greatest moments with a view to future employment. In such cases staff must be aware of the need to make separate recordings for such purposes, which as logging quality is often compromised in order to compress the stored files is not a bad idea anyway.

In general it is regarded as good practice to refuse to release copies of material from your logging tapes to outsiders. Typical routine requests might come from programme contributors wanting a record of their appearance or from advertisers querying whether their spots went out on time. Only in the event of a legal query would the station release a dub, or a transcript, and perhaps then only with the approval of the company solicitor. However some situations, for example a complaint occasioned by a listener mis-hearing an innocent remark, can best be tackled by playing a copy of the offending item to the complainant, in person or perhaps just down the phone.

News reporting

Few murder trials attracted the level of interest shown in the case of the deaths of schoolgirls Holly Wells and Jessica Chapman in Soham. The trial of Ian Huntley was a topic of conversation wherever people gathered and it might therefore have seemed natural, even appropriate, to reflect it in a popular local-radio breakfast show.

On Beacon FM's breakfast show, broadcast while the trial was continuing, presenters Mark Peters and Lisa Freame asked their listeners if they thought Huntley's defence was believable. Peters was reported as saying, 'It's almost like the most unbelievably made-up story in the world ever, really, isn't it? Well, I personally think it is. I can't believe any member of the jury is going to believe that story.'

Co-host Lisa Freame then read out some text messages from listeners, which blamed Huntley for the girls' deaths. The broadcast led to the suspension and ultimate departure from the station of the two presenters and an investigation by the Attorney General, who considered prosecuting the pair for contempt of court.

Had the presenters been journalists they would have been aware that their comments clearly breached the basic rules of court reporting, which prohibit any comment on the guilt or innocence of a person on trial. Two listeners were amazed that the presenters did not realise this (Media Guardian 2003), 'You are at serious risk of prejudicing a trial. He could walk free because of what u [sic] are doing. Don't u [sic] know the first thing about contempt of court?' said one message.

A text from another listener read: 'Do you idiots not understand the principle of sub judice? You can't comment on the trial. It's against the law. You're in a LOT of trouble!'

25 years earlier media law expert Walter Greenwood and co-author of the journalists' bible McNae's Essential Law for Journalists (Greenwood and Welsh 2005), suggested to a group of trainees that the first big legal action against a UK commercial radio station would most probably be occasioned by words spoken by a DJ or presenter rather than a trained radio journalist. He was surprised then, and would be now, to discover that many people are put in control of live programmes without receiving any training in the relevant law.

There are three broad areas of the law which managers should always be aware of in live programming:

Libel

Any statement which implies a lack of honesty, ability, competence or skill on the part of any person or body may be defamatory. If it is broadcast it does not matter whether the words are said by the presenter, a caller, or someone in a news bulletin. If a caller utters a defamatory remark and we broadcast it then it is possible that the caller, the presenter or the radio station, or any combination of them, can be sued for libel.

Presenters frequently fail to realise that an item is not safe because they are merely repeating a defamatory statement uttered by another. For example if they repeat a defamatory item from a newspaper the station also becomes responsible for publishing that statement. And an item is not safe because you know it to be true � you must have the evidence to prove it to be true to the satisfaction of a court.

Armed with a misunderstanding of how television programmes like Have I Got News For You operate, presenters may incorrectly believe that the judicious insertion of the word 'allegedly' or avoiding the actual name of the person or body involved will keep them safe. The test of a libel action is whether the words would reasonably lead persons acquainted with the plaintiff to believe he was the person referred to and that they would think less of him as a result.

Particularly during a radio 'phone-in it is necessary to be wary of the 'creeping libel'. During a long call the listener may reveal where they live or work, for example, and later criticise a "local" company or individual without naming them. Taking the whole call into account the identity of who is being defamed may be obvious to at least one listener, and one listener is all that is needed.

Journalists are able to use the defences of justification, fair comment and privilege, but these are beyond the scope of this book. The manager must ensure that their staff are properly trained in these areas, or know to refer any contentious items to someone who is prior to broadcast. Intention is irrelevant, an item is not safe merely because the broadcaster can later show they did not intend to defame the person or that they made an honest mistake.

Contempt of court

As with the Soham case, when a major crime or trial is in the headlines, listeners will naturally wish to comment on the reports by text, email or during a phone-in. Such comments must not be broadcast, callers must stick to a general discussion of crime and punishment not the details of a specific active case.

In general the media cannot carry any discussion of a case once a person has been arrested or charged or a warrant has been issued for his arrest, or if a civil case has been set down for trial. Discussion is only possible again once a person is sentenced or acquitted, or when the case is discontinued. Broadcasters must take special care never to suggest that anyone released without charge or found not guilty is in fact guilty, or that those 'helping the police' may be guilty.

Identification of children and victims of sexual offences

It is usually an offence to identify any juvenile involved in court proceedings. Neither should a radio station report any other particulars about the juvenile that could lead to their identification. The news journalists will have avoided giving any such details but a listener who personally knows the case may blurt them out before you can stop them. Programme staff should also realise that children in care, or involved in a divorce or separation may be the subject of a court order and that the station must prevent their parents or friends from identifying them.

There are normally similar restrictions on identifying the victim in a case of alleged rape. While court reports will have avoided giving clues to the identity of the victim, programme presenters must be careful not to allow anything to be added to the story that could aid identification.

The radio manager must be ready to react quickly when a mistake has been made and a legal line has been crossed. While a rapid retraction or apology will not remove the original transgression it has frequently be held to mitigate the seriousness of the offence in any subsequent hearing or investigation.

Advertising regulations

Under the Communications Act 2003, the statutory regulator Ofcom was encouraged to contract-out such functions to a co-regulatory partnerships where possible to give effective self-regulation to the sector. Since November 2004, after public consultation and parliamentary approval, the regulation of broadcast advertising has been the responsibility of the Broadcast Committee of Advertising Practice (BCAP) under contract from Ofcom. The BCAP Radio Advertising Standards Code (BCAP 2008) sets out the regulations that govern advertisements on any radio station licensed by Ofcom. The rules are framed to ensure that advertisements are 'legal, decent, honest and truthful' and do not mislead or cause harm or serious or widespread offence and require central script approval for 'Special Categories' of advertising and sponsorship credits. BCAP, which comprises representatives of radio broadcasters and advertisers, RadioCentre and the RACC, owns and periodically amends the Code.

This central script clearance function required under the code is carried out by the Radio Advertising Clearance Centre (RACC), part of the commercial radio trade body RadioCentre, and funded by commercial radio stations who pay copy clearance fees. The RACC also centrally clears national advertising and sponsorship credits to benefit national advertisers and agencies.

All commercials and sponsor credits must be cleared (checked for compliance with the Code) in advance of broadcast, either by the Radio Advertising Clearance Centre (RACC) or, if they are not in a 'special category' and are not going to be broadcast in more than one locality, simply by relevant staff at the station concerned. The special categories are set out in the BCAP Code (2008: 5) and include most of the products and services likely to cause complaint or concern. Examples include:

Advertising aimed specifically at children;
Environmental claims;
Consumer credit, investment and complex financial advertising;
Political, industrial and public controversy matters;
Alcoholic drink;
Medical and health products;
Food and nutrition claims;
Contraception, condoms and family planning products and services;
Sex shops, Stripograms etc;
Competitions, Lotteries, Betting and Gaming;
Dating, Introduction or Marriage Agencies or Services;
18-certificate films and videos;
Religious advertising;
Charities.

The Code (BCAP 2008: 70) also includes a list of advertisers, goods or services that are not acceptable in radio advertisements under any circumstances:

a) Those who practise or advocate illegal or harmful, or potentially harmful, behaviour;
b) Betting tipsters;
c) Tobacco and tobacco products, including cigars and pipe tobacco;
d) Firearms and other weaponry;
e) Obscene and restricted material, prostitution and other sexual services;
f) Bodies whose rites and other forms of collective observance are not generally accessible to the public;
g) Advertisements of a political nature;
h) Prescription only medicines.

Complaints about apparent breaches of the Code are considered by the Advertising Standards Authority (ASA), through its broadcasting arm. The ASA had more than 40 years' experience of regulating non-broadcast advertising before being contracted to undertake the same role in broadcasting by Ofcom The ASA's adjudications give an insight into the practical application of the Code and are published online at www.asa.org.uk

Ofcom remains ultimately responsible for broadcast advertising under the Communications Act 2003, monitors the effectiveness of the new system and can step in with sanctions against broadcasters if required.

In addition to the stringent rules in the BCAP Code, all radio advertisements must comply with the laws and regulations governing advertising in any medium. A non- exhaustive list in the Code lists 237 separate statutes and regulations affecting advertising and promotions in England and Wales and some EC Regulations and Directives are relevant. For example, financial service advertising is surrounded by a large number of rules concerning the expression of interest rates, offers of written details, and financial health warnings. Unfortunately such regulations are generally established with visual advertising in mind. There can be no small print in a radio advertisement and conditions that might be met perfectly legally in a small box at the very bottom of a print advertisement can easily occupy half of a 30 second commercial.

The 237 laws listed in the Code run alphabetically from the Accommodation Agencies Act 1953, through the Bread and Flour Regulations 1998 and the Consumer Credit (Advertisements) Regulations 2004 down to the Veterinary Surgeons Act 1966 and the Wildlife and Countryside Act 1981. In most cases advertisers should be well aware of restrictions on advertising in their field but the manager should always be cautious where a client primarily deals in money, whether for investment, gambling, or charitable purposes, as they are almost certainly covered by regulations about what they must and must not say in their advertising.

Managing intellectual property rights

A community radio station won its full-time licence after having conducted Restricted Service Licence broadcasts over a number of years. A short while after the full-time service commenced an engineer, who had given a great deal of his time on a voluntary basis to construct the studios and transmitters, had a difference of opinion with the permanent station management and left the project. Before leaving he allegedly returned all the settings on the station's audio processor to a neutral position, making the transmissions sound relatively quiet and lifeless. He justified this on the grounds that the settings used to achieve the station's distinct on-air sound were his own intellectual property.

In another community radio station an unpaid volunteer presenter was allowed regular access to a studio to develop his skills and prepare material for broadcast. It later emerged that he had also been using this opportunity to produce recordings for another project in which he was involved. When challenged he argued that the resulting productions were his own property because he had supplied the mini discs on which they were recorded.

These real examples illustrate some of the issues surrounding intellectual property rights in any radio service.

While many stations, particularly those operating on a tight budget or who primarily exist for a training purpose, might welcome, and even encourage, wider exploitation of work created using their facilities, it is essential that the station can maintain some degree of control over the work for which its limited resources are used. Where an individual is paid for their services the legal position is relatively clear, the employer would usually expect that any material created in return for payment would become the property of the employer, unless other arrangements had been agreed.

There is a much greater risk of misunderstanding where no payment or other valuable consideration changes hands. Not only in a voluntary or community radio situation but also where listeners are invited to contribute to a programme on a larger station. The increasing tendency of video broadcasters, websites and newspapers to invite their viewers to submit their own photographs and videos has recently heightened interest in such copyright issues.

Individual stations and companies should take expert legal advice on such matters, but commonly the terms and conditions of employment given to a member of staff will include a clause such as:

All records, documents, papers and other copyright protected works made or acquired by you in the course of your employment shall, together with all worldwide copyright and design rights in all such works, be and at all times remain the absolute property of the company. The company reserves the right to use, repeat, sell or simulcast the full copyright and works of the design or invention in any part of the world for no extra fee.

In the absence of a conventional contract of employment many UK community radio stations require volunteers to sign a volunteer agreement stipulating their responsibilities and general duties. The Community Broadcasting Association of Australia suggests to its members a volunteer presenter's contract (CBAA 2007) which might be adapted to meet the needs of an agreement for a community or voluntary station in the UK (For full example of the contract see http://www.cbaa.org.au/content.php/12.html?pubid=62).

It is useful to include in such contracts a clause which stipulates that any material created using the station's facilities and resources becomes the property of the radio service and permission must be sought before any other use of the material. It might be appropriate to add that such permission would not be unreasonably withheld.

Similarly standard competition rules, applying to all competitions on the station and published on the website, might stipulate that any material submitted as an entry to a competition (including the audio recording of the listener's participation) becomes and remains the property of the radio station.

Working with children and vulnerable people

Station managers should ensure that anyone who is likely to be doing radio training or activities with young people under the age of 18 should be appropriately selected and trained to work safely with young people. Many community stations now have a document or Policy for the Protection of Children and Vulnerable People (see Community Media Association or Community Radio Toolkit for examples). Volunteers and paid staff should be prepared to undergo a Criminal Records Bureau (CRB) check when they join the station. Ofcom has also produced research and guidance on protecting under eighteens in programmes and making sure that they understand what it means to participate in a programme (see also Children and Radio Group in Section 4).

Programme content

British, European and International legislation gives those who create an artistic work a copyright, the right to control and profit from subsequent exploitation of their work. Copyright musical works in the UK normally enjoy protection until fifty years after the composer dies, and the copyright in music recordings lasts for fifty years after the first publication, so however you look at it, effectively almost all popular music is covered by copyright.

Strictly speaking, whenever you wish to broadcast a copyright work you must first obtain the permission of the various rights holders and agree a fee for the use of their material. Fortunately for radio stations, many of whom may play something over three hundred separate pieces of music every day, there is an easy solution to this problem. In the UK three bodies have been established to represent the holders of the three main rights involved in the public performance and broadcasting of music. These companies and associations have reciprocal arrangements with equivalent organisations overseas and therefore also collect and distribute royalties for foreign recordings (see Section 4 for contact details of these organisations).

The Performing Rights Society (PRS)

PRS is an organisation representing the composers, authors and publishers of most of the musical works heard in this country. For a single 'royalty' payment each year they will grant a station permission to perform their member's work in public broadcasts.

Currently, for a conventional analogue commercial radio station, the cost of a PRS licence is based on a sliding scale of 3 per cent to 5.25 per cent of the net advertising revenue of the service. At the time of writing the lower rate applies to stations earning less than �551,070 per annum and the higher rate to those drawing in more than �1,102,140. These figures are increased annually in line with inflation. There are reduced rates for the first year of a new station and where the total music use is less than 15% of the broadcasts, and a special daily rate applies for test transmissions and stations operating under Restricted Service Licences.

As PRS royalties are distributed to their members roughly in proportion to how often each member's works are performed the society requires radio stations to log copyright details for the music they broadcast and return the information to the Society. The extent of this logging depends on the size of the station and whether the information can be generated electronically. Note that the PRS licence fee is collected on behalf of the songwriters, not the record producers, and even if you only broadcast 'live' music, they are still entitled to their payment.

Phonographic Performance Limited (PPL)

PPL looks after the broadcasting rights of the recording industry, collecting and distributing airplay and public performance royalties in the UK on behalf of over 3,500 record companies and 40,000 performers. The vast majority of the records played on UK radio can be covered by one blanket licence from PPL.

The annual licence fee ranges between 2 per cent and 5 per cent of net advertising revenue, using the same income bands as PRS (above). A fixed minimum fee of £550 per annum has been established for smaller stations earning less than £27,500 in annual qualifying advertising revenue. Again there are special arrangements for temporary Restricted Service Licence stations, and concessions for student and hospital radio services. PPL may also require full details of the tracks played.

Separate arrangements apply to the licensing of music on internet-only radio stations.
 

Mechanical Copyright Protection Society (MCPS)

Like the Performing Right Society, MCPS represents the interests of composers and publishers, but is concerned not with the performance of their musical works but rather with the right to record their compositions. Owned by the Music Publishers Association, MCPS grant licences to radio stations covering this "mechanical right". A station might argue that it does not intend to make its own music recordings, but the MCPS licence is also required in order that they may dub records onto a playout system, or pre-record programmes containing music recordings. In addition to this programming licence, MCPS can also licence the station to make use of the extensive libraries of production music which are useful when making commercials.

In 1997 MCPS formed a joint body with the PRS to more efficiently collect royalties on behalf of their members, music writers, composers and publishers.

All radio stations that are members of the Radio Centre (previously CRCA) are covered by a lump sum MCPS/Radio Centre agreement while other radio stations require clearance from MCPS directly. At the time of writing this clearance scheme is under review.

The same principles of rights protection apply to other written or recorded material broadcast by any station.

All presenters and production staff should be aware of the risks in reading verbatim from a web site, book, magazine or newspaper. A station may not broadcast any copyright written work, whether it is a poem, play, short story or newspaper article without the permission of the copyright owner. While the works of long-dead authors are out of copyright, it is best to advise staff to always check before using such material. The first contact would normally be with the publisher of the piece concerned. A non-music recording that has been sold as a CD in the shops is not covered by the PRS and PPL agreements and is not automatically available for broadcast without further agreement and payment. For example, CDs of old radio shows released by BBC Worldwide are not covered by these blanket licences.

There is a useful concession under copyright law for the use of short extracts for comment purposes. So, for example, while reviewing a new book a presenter may read a few sentences to illustrate a point, or, in a review of the day's papers, they could quote from the editorial in The Times or the headlines of The Sun.

Fortunately newspapers, web sites and other broadcast media cannot make any claim to copyright in the actual news. A radio station can lift topical facts in the public domain from another news service, but must not copy anything that the originating source added - like their own reporter's comments or some background reporting. To be on the safe side, it is generally seen as good practice to credit a source where appropriate, for example: 'According to CNN, there has been a second bombing raid this evening.' To some extent this also protects the repeating medium should the reported facts turn out to be wrong.

Health and Safety

Most of the management considerations here would apply to any similar business or undertaking and, while they are as important in radio broadcasting as in any other field, are outside the scope of this publication. While the levels of exposure to electromagnetic waves and electrical apparatus in a radio station are now not much different from those found in any modern business environment, there may be some risks specific to broadcasters of which the manager must be aware, taking all reasonable steps to minimise them.

Particularly on outside broadcasts cables laid in public places and outdoor electrical equipment present particular hazards and it is often forgotten that some decades ago two British local radio engineers were tragically killed when the telescopic mast of a radio car touched overhead power lines. A well-managed radio station will issue specially prepared risk assessment forms for such activities and staff should be required to understand and complete them beforehand.

Even within a well-designed and maintained studio there are risks however. Taking one example, which is causing some current concern, the levels, at which some people listen to audio are potentially damaging to hearing. Exposure to high levels of sound cumulatively over a long period of time will lead to some degree of hearing loss and this risk should perhaps be considered to be even more significant to someone earning their living from working in sound.

The greatest risk comes not from the control room monitor speakers but from headphones. Most headphones can produce a much higher sound level at the eardrum than typical studio monitoring loudspeakers, often well above accepted safety limits. Unfortunately, for psychological reasons, for a given sound pressure level headphones do not appear to sound as loud as loudspeakers and as a result presenters are often tempted to turn the monitor gain up far higher than the manager might wish.

As far as the Control of Noise at Work Regulations 2005 are concerned loud music or speech is just another hazardous noise, and as in any industry the manager is responsible for the safety of workers, volunteers and studio guests. As with other Health and Safety legislation it is not enough to say that any damage is self-inflicted, that the presenters can choose the volume at which they listen - on a building site it is not enough to supply hard hats, the management has a duty to ensure they are worn!

Defining a safe level is far from straightforward. Not only is it difficult to measure sound level inside a pair of headphones but also the Regulations are based on exposure to steady noise for an eight-hour working day. Music and speech has a fairly wide dynamic range, so fortunately it is not necessary to limit the maximum loudness to the lower "action value" of 80 dB(A) (equivalent to the constant sound of a pneumatic drill at 50 feet). For those wearing headphones for only a limited number of hours each day, listening to typical programme material, a higher figure may well be acceptable and the figure of 93 dB (A) has often been used in the past (Woolf 2007).

Options for the manager include locking the maximum gain of studio loudspeakers and headphones to what seems a safe level (although this is seldom popular as occasional use a higher levels may be required) or the addition of specialist limiters to the headphone leads or earpieces. In either case the station must ban the use of other more sensitive headphones, which might produce higher sound levels. A presenter wishes to use their own headphones must purchase a set of the same type and specification.

Useful advice on the control of noise at work in music and entertainment can be found at http://soundadvice.info/

Insurance

As with any organisation, today's radio station is expected to take out insurance to cover its potential legal liabilities. While this is available from many companies and brokers the manager should be aware that while many standard policies cover you for people tripping over cables and so on they will not help if you are sued for libel for something said on-air. Most radio stations take out two separate policies. The first is equivalent to that held by any responsible organisation or company, covering legal liability for damages, legal costs and expenses as a result of injury to the public, employees and volunteers or damage to their property. The second is a specialist Professional Indemnity insurance to cover libel claims up to a certain level.

As a rough guide the matters covered by radio station insurance should at least include the following:

• Public liability. Indemnity cover up to £5 million is quite common as permanent injury claims can be very expensive and would destroy most radio companies. The insurer will want to understand what type of public events you intend to organise or attend.
  
• Costs and expenses in defending proceedings under the Health and Safety at Work etc. Act 1974.
  
• Employers liability. Again a very high level of cover is needed, indemnity limits of £10 million are quite common. Covers legal liability for damages, legal costs and expenses as a result of injury to employees or voluntary workers.
  
• Personal accident. Covering injury to employees or volunteers arising from accidents while working in connection with the radio station.
  
• Legal costs and expenses for the station, employees and voluntary workers in connection with matters arising from the station's activities. This cover is very important as it protects against large legal bills which can be incurred even when the station is not at fault.
  
• Contents cover, including studio equipment, office contents, etc. The cost of replacement as new or, when specified by you, the replacement cost as second hand i.e. deducting for wear and tear.
  
• Cover for equipment used away from the studio, e.g. for outside broadcasts. The insurer may require a list of these items in advance.
  
• Buildings. The cost of rebuilding as new including an additional amount to cover debris removal, architects' and surveyors' fees. Damage to hired or rented property occupied by the station.
  
• Motor vehicles owned or operated by the station.
  
• Professional Indemnity. To meet legal costs and damages in the event of a claim of libel against the station or one of its presenters. The amount of a libel award could, in theory, be staggeringly large. Although it is unlikely a court would award huge damages against a small company or voluntary organisation the amount could easily be big enough to impact on the ability of the service to continue.

Optionally you might also wish to consider the following:

• Director or Trustee Indemnity. This insurance is specifically designed to cover the principal liabilities incurred by company directors or charities and their trustees. Bringss peace of mind to the directors, trustees and officers who can be secure in the knowledge that most personal losses will be met.
  
• Terrorism. It is a risk excluded from many standard policies.
  
• Interruption insurance cover. To cover losses you might incur due to a forced interruption to your service. And to meet additional costs you will incur in trying to minimise the loss (including the cost of removal to temporary premises, increased rent, rates, salaries, and the cost of clerical time in reproducing business books, computer records and documents.

Professional Indemnity insurers will only pay out if you follow their procedures in the event of a problem. We are all used to the idea of not admitting responsibility after a car accident - rather contacting our insurance companies to handle any claim. Similarly, the moment a complaint is made which could lead to a legal claim, a senior manager should inform the libel insurers and comply with their requests. For example they may require the early involvement of an approved solicitor.

While insurance for group owned stations is almost always centrally arranged, the manager of an independent service can search for a variety of specialist insurers on the Internet and would be well advised to gather the experience of other similar operators before choosing a policy or policies.



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