NG
Yeah, I can see why that might fail. Would a textual warning before the song not have been acceptable?
No - you are really only allowed to be compliant with a verbal/graphic warning on live, or fast turnaround, shows where it isn't feasible to test and/or edit the content such that it will pass a flashing pattern test. If you have the time to fix it, you have to fix it. This is a legal regulatory requirement.
https://www.ofcom.org.uk/tv-radio-and-on-demand/broadcast-codes/broadcast-code/section-two-harm-offence
None of these apply to a TOTP repeat, where it clearly is reasonable practicable to follow the Ofcom guidance...
noggin
Founding member
Yeah, I can see why that might fail. Would a textual warning before the song not have been acceptable?
No - you are really only allowed to be compliant with a verbal/graphic warning on live, or fast turnaround, shows where it isn't feasible to test and/or edit the content such that it will pass a flashing pattern test. If you have the time to fix it, you have to fix it. This is a legal regulatory requirement.
https://www.ofcom.org.uk/tv-radio-and-on-demand/broadcast-codes/broadcast-code/section-two-harm-offence
Quote:
2.12 Television broadcasters must take precautions to maintain a low level of risk to viewers who have photosensitive epilepsy. Where it is not reasonably practicable to follow the Ofcom guidance (see the Ofcom website), and where broadcasters can demonstrate that the broadcasting of flashing lights and/or patterns is editorially justified, viewers should be given an adequate verbal and also, if appropriate, text warning at the start of the programme or programme item.
None of these apply to a TOTP repeat, where it clearly is reasonable practicable to follow the Ofcom guidance...