Prison Radio Editorial Guidelines? Please Tick This Box to Confirm That You Understand This Document, and That the Programme Conforms to These Guidelines

PRG V1.2

NOMS PRISON RADIO GUIDELINES

Contents

Introduction Part 1: NOMS Broadcast Requirements Responsibility Requirements Music Foreign Language Content Use of Slang or Colloquial Speech Criminal Activity Suitability for Public Broadcast Submitting Material to the National Prison Radio Service Control of Recording, Data Storage and Transmission Equipment Local Programming Prison Radio Association Part 2: Prisoner Contributions: Controls and Restrictions Allocation to Radio Production Course/ Employment in Local Production Facility Who Can Take Part Identification and Consent

Introduction

Contained within, guidelines for prison establishments and NOMS Headquarters groups for operation of local radio production facilities and interaction with the National Prison Radio Service.

These guidelines set out the responsibilities of any establishment or individual producing content for broadcast on prison radio, whether it is for local broadcast (i.e. to one establishment) or for broadcast on the National Prison Radio Service.

It seeks to balance the aims of prison radio to provide prisoners with education and information, and responsibilities, for example, to the security of the Prison Service, including staff, prisoners and anyone connected with them.

This document is designed to help those who produce programmes for prisoners to ensure that all content is suitable for broadcast.

1 PRG V1.2

Part 1 – NOMS Broadcast Requirements

Responsibility

All output must be based on the values of respect, openness and fairness, and must be designed to support time in custody and aid offenders in their rehabilitation and resettlement.

Governors and Controllers are responsible for ensuring that all radio content produced in establishments, whether for local or national broadcast is compliant with the NOMS broadcast requirements, and that any contributor has given their written consent to be recorded and broadcast. Governors must approve and sign-off all content prior to broadcast. Compliance and Contributor Release forms, which can be found here; OESS Website.

The requirements of this document apply both to material produced for local broadcast and material produced for the National Prison Radio Service.

WHO IS LISTENING?

Prison radio can be received in juvenile establishments, Young Offender Institutions and adult prisons.

2 PRG V1.2

Requirements

All broadcasts on prison radio must be pre-recorded. Live broadcasting is not permitted.

All programmes and broadcasts must comply with the Ofcom Broadcasting Code (available at www.ofcom.org.uk). Any person, prisoner or non-prisoner who seeks to make programming for broadcast, must be made aware of this code.

Material which must not be broadcast includes, but is not restricted to, that which:- o is likely to cause offence - including the gratuitous use of sexual swear words, words of racist or sexist abuse, derogatory references to faith groups, or otherwise derogatory language o celebrates or glamorises criminal activity or the flouting of the judicial process o is likely to assist, support or incite the commissioning of crime, breach of Prison Rules or lead to disorder o is likely to bring the Prison Service or Prison Radio Association into disrepute or have a negative impact on individuals within or associated with the Prison Service or Prison Radio Association o contains any material likely to cause distress to the victims of crime

Music

The requirements of this policy apply equally to lyrics in any music broadcast. Particular care must be taken where lyrics are colloquial or difficult to decipher.

Foreign Language Content

Any content in a language other than English or Welsh must be translated by a reputable translation service, language lab or competent staff member and the transcript provided to the Governor (or designated manager) to ensure compliance with these guidelines. Any foreign language material submitted to the national station must be accompanied by the transcripts.

Use of Slang or Colloquial Speech

In checking suitability for broadcast, Governors must ensure that the meaning of any slang terms or otherwise ambiguous language has been understood and does not breach any of the considerations of these guidelines. Governors should be mindful of the potential for passing coded messages or networking.

Where necessary, advice should be sought from local departments such as security, public protection, police intelligence and diversity managers.

3 PRG V1.2

Criminal Activity

No material that celebrates criminal activity or undermines the judicial process will be broadcast. In line with the Ofcom Broadcasting Code, no descriptions of criminal techniques which contain essential details which could enable the commissioning of crime will be broadcast.

No convicted prisoner will be employed in contributing to a programme relating to his or her own crime unless this is in the public interest. Any reference to ongoing criminal matters or hearings must not be in breach of the Contempt of Court Act.

Suitability for Public Broadcast

The National Prison Radio Service is transmitted by satellite. While the platform will not be publicised, it can potentially be located and listened to by a person with specialist knowledge. It must therefore be assumed that all material broadcast by the National Prison Radio Service is effectively in the public domain. In checking material prior to broadcast, Governors must bear in mind its suitability for public broadcast, being mindful that this will potentially include prisoners’ friends, families and associates as well as the victims of crime.

The prison population is hugely diverse and it follows that not all programming will be of interest or relevance to all. The National Service will endeavour to produce programming to reach and reflect the diversity of the population, including the broadcast of specialist programming where appropriate. Governors should ensure that local programming is not disproportionately biased towards a particular section of the population (such as a particular age group) and that all material is suitable for general broadcast in that, even if it may not be of particular interest to a section of the population, it is nevertheless unlikely to cause offence. In particular, thought should be given to the scheduling of material during the observance of holy days and the principal festivals of the various faiths so that unnecessary offence is avoided by material that might be more acceptable at other times.

Care must be taken to protect the vulnerable. Issues surrounding suicide and self harm must only be discussed with great sensitivity and care must be taken to avoid describing methods in any great detail. Governors must be alert to the dangers of making such behaviour attractive to the vulnerable.

4 PRG V1.2

Submitting Material to the National Prison Radio Service

All material submitted to the national station, whether as a commissioned work or a speculative submission, must be accompanied by a NOMS Compliance Form found on the OESS Website. In signing this form, Governors are certifying that the material is suitable for broadcast according to the guidelines contained within this document. Governors should note that work submitted from establishments in this manner may not be subject to a further editorial check: the Governor’s authorisation will be accepted as confirming fitness for broadcast.

Particularly contentious programming may be sent to the Head of Prison Radio, for sign-off by prior arrangement. This should be agreed prior to commissioning the piece.

In creating audio for the National Service, advice should be sought as to the type and duration of audio required, from the Head of Prison Radio. Speculative submissions may not be accepted.

Control of Recording, Data Storage and Transmission Equipment

Establishments with local production facilities must have a local system to manage access, issue and control of recording and data storage equipment consistent with the Local Security Strategy and Offender Management Act.

The Play Out PC allows establishments to switch between the national broadcast and local programming. The Play Out PC should not be accessible to prisoners or members of the public and should have no facility for remote access.

Local Programming

Specific time slots will be allocated to local programming for those establishments which have audio created for this purpose. Details of how to make use of this facility can be found here.

Prison Radio Association

The National Prison Radio Service is operated in partnership with the Prison Radio Association. The Prison Radio Association is a registered charity. NOMS has drawn up a partnership agreement with the Prison Radio Association in which they will offer the day-to-day running of the national service at no cost to NOMS.

The Prison Radio Association website contains information which content providers may find useful.

Other media organisations regularly work in prisons and may offer their services to individual establishments. For more details, contact the Head of Prison Radio.

5 PRG V1.2

2. Prisoner Contributions: Controls and Restrictions

Any medium of mass communication in prisons is potentially open to exploitation and must be strictly controlled in order to prevent deliberate or negligent compromise. The nature of radio – the opportunity to broadcast one’s own words in one’s own voice – creates a powerful medium. There must be two levels of control in place – restrictions relating to the material that is broadcast and restrictions relating to individuals’ access to facilities and level of participation.

The controls on broadcast material are detailed in Part 1 of these guidelines. Establishments must ensure that: o all material is approved prior to broadcast o there is no facility for live broadcast; and, o access to all recording and transmission equipment is strictly controlled.

In managing local production facilities, Governors must ensure that no action is taken that compromises security or public protection or brings the Prison Service or partner agencies into disrepute.

Allocation to Radio Production Course/ Employment in Local Production Facility

Prisoners must be subject to a local risk assessment before being employed in the local radio production facility or accepted as a learner on a radio production course. Applicable risk factors include, but are not limited to: o History of radicalisation or extremism (whether political or religious) o High profile offenders o History of grooming and networking o History of racism or circulation of offensive/inflammatory materials o History of incitement to disorder or indiscipline o History of harassment

Restrictions must be proportionate to the risk posed by an individual. Risks should take into account both security and credibility.

Prison Radio should be approached in a manner similar to a prisoner newsletter: prisoners contribute freely but content is checked and strictly controlled prior to publication or broadcast. Potentially problematic material should be referred to local security departments, police intelligence officers or public protection teams where appropriate, and advice should be sought from the Head of Prison Radio.

Who Can Take Part

Contributors could be prisoners, prison radio staff or guests from inside or outside the prison system (including famous or notable people) who are invited to perform, be interviewed or make any other contribution to a programme. They are defined as anyone who appears on the radio station.

Anyone invited to present or chair a programme becomes the public face of the radio station, and must reflect the editorial values contained within this document.

6 PRG V1.2

Identification and Consent

Prisoners may only be referred to on-air by their given name, or by a name clearly derived from their given name and agreed by both level 1 and level 2 signatories on the Prison Radio Compliance Form. In allowing prisoners to use a name other than their first name, care must be taken to ensure that this would not make them identifiable outside of the prison estate, cause offence, or promote or cement gang culture or status. Where an anonymous contribution is editorially justified, details of the identity of the contributor must be provided on the compliance form and approved prior to broadcast.

Anyone who is recorded for broadcast on the radio station must give their informed consent to be broadcast. This may include prisoners, prison staff or members of the public who are invited to perform, be interviewed or make any other contribution to a programme.

In giving their written consent, they confirm that they are aware of: o why they are being asked to contribute and where it will appear. o the nature and content of the programme or discussion. o the nature of their involvement.

This is done by signing a ‘Contributor Release Form’. The ‘Contributor Release Form’ passes all rights to the content of the contribution to the National Offender Management Service. A completed ‘Contributor Release Form’ must be supplied for all parties included in the broadcast, including those who have offered a written contribution (for example a poem or short story) and submitted with the Compliance Form accompanying the programme.

7 PRG V1.2

GUIDE TO COMPLETING THE NOMS PRISON RADIO COMPLIANCE FORM

Once a programme or piece of content is deemed ready for broadcast by the member of staff in charge of the facility at which it was produced, that member of staff must complete a NOMS Prison Radio Compliance Form.

This completed form must then be signed off by two authorised members of staff and posted, along with a CD copy of the programme and all necessary Contributor Release Forms to:

Paula Rogers Head of Prison Radio Old Warden’s House 21 Bierton Road Aylesbury HP20 1EN

COMPLIANCE

‘Compliance’ is the term broadcasters use in establishing whether a programme is suitable for broadcast.

A ‘compliant’ programme conforms to all the Editorial Guidelines contained within this document, and to the Ofcom broadcasting code.

Every single programme or item produced for broadcast on prison radio must be accompanied by a signed and completed Prison Radio Compliance Form.

This document should be referred to when completing a Prison Radio Compliance Form. It is designed to help producers make the correct judgements and provide accurate information.

Remember: answering ‘Yes’ to any questions in the Prison Radio Compliance Form does not necessarily mean a programme is unsuitable for broadcast. However, it is required that as much information as possible is given in order to establish whether or not a programme is compliant.

GUIDE TO COMPLETING THE PRISON RADIO COMPLIANCE FORM

FRONT PAGE Page 9 1. HARM AND OFFENCE Page 10 2. ANTI-SOCIAL OR CRIMINAL BEHAVIOUR Page 12 3. IMPARTIALITY AND ACCURACY Page 13 4. UNDER 18s Page 14 5. DEFAMATION, FAIRNESS AND PRIVACY Page 14 6. ANY OTHER INFORMATION Page 15 COMPLIANCE CONFIRMATION Page 15

GLOSSARY: SOME USEFUL LEGAL DEFINITIONS Page 16

8 PRG V1.2

FRONT PAGE

Please leave the section at the top of the page blank. Note: the signature of NOMS Head of Prison Radio is only required for programmes intended for national broadcast.

Programme title including episode number (if any) Please enter the title of the programme here. If the programme is part of a longer series, please include the episode number in this box, along with the total number of programmes in the series. This includes on-going series runs of indefinite duration.

Series title (if any) If the programme is part of a longer series, please enter the title of the series here.

Programme duration Please be accurate to the nearest second.

Ensure the programme is topped and tailed correctly, so that no silence is left on the beginning of the recording before the programme starts, and no silence is left on the end of the recording after the programme has finished.

First words in programme Please insert the first five or six words spoken in the programme

Last words in programme Please insert the last five or six words spoken in the programme

Brief description of the programme Include the genre of programme (for example drama, music documentary, book reading, discussion programme, interview, magazine programme et cetera). Also include information about subjects discussed in the programme, and anything else that may help to identify the programme.

List all people whose voices appear in the programme Include full names and prisoner numbers (if applicable).

Establishment/Organisation Please enter the name of your prison. Producer’s name(s) Please enter the full names of anybody involved in the production of this programme. If the programme was made by prisoners, please enter their full names and prisoner numbers.

Contact details Please provide a contact name and telephone number in case of query.

Have you read and understood the NOMS Prison Radio Editorial Guidelines? Please tick this box to confirm that you understand this document, and that the programme conforms to these Guidelines.

9 PRG V1.2

1. HARM AND OFFENCE

Material likely to cause harm or offence to the audience must not be broadcast. Remember, the audience includes people aged 15 upwards, so all programming must be suitable for older teenagers as well as adults.

Prison radio must not encourage, glamorise or condone potentially harmful or dangerous behaviour.

Are you sure that you understand every word that is contained within the programme? It is your responsibility to ensure that all material is appropriate for broadcast. Ensure that you understand all the words within the programme before you sign it off as compliant. If the programme contains any slang terms, you must be certain that you understand what those terms mean.

Does the programme contain strong or offensive language?

Material which includes the gratuitous use of offensive language must not be broadcast. Strong or offensive language can include the overall sentiment expressed in a feature or song, as well as specific words. All sentiment must reflect values of respect, openness and fairness.

Pay attention for material including swear words, terms of abuse, pejorative terms, references (such as blasphemy) that sections of the audience might find offensive.

Sexual content can be inappropriate for people aged under 18, even if it is in the form of mild innuendo.

All of the above applies equally to song lyrics. Do not rely on a ‘radio edit’ to be suitable for broadcast, as these often mask specific words while retaining inappropriate sentiment.

If you answer ‘yes’ to this question, please give full details in the space provided. Include where in the programme any references may be found (minutes:seconds).

If the programme contains any content in a language other than English, or slang terms, are you certain you understand what is being said?

Any instances of this must be checked before broadcast to ensure the language used is suitable and the meaning clear.

Is there any content which portrays potentially harmful behaviour?

Consider whether the programme includes any description or portrayal of behaviour which, if imitated, could potentially lead to harm. Examples include, but are not limited to: All aspects of illegal drug use, solvent and drug abuse, smoking and misuse of alcohol, bullying, violence and self-harm.

Death, suicide and self-harm may only be discussed with great sensitivity. Care must be taken to avoid describing methods in any great detail. Remain alert to the dangers of making such behaviour attractive to the young or vulnerable.

Examples of these may be editorially justifiable, but must be dealt with accurately and sensitively, including investigating the consequences of such behaviour.

10 PRG V1.2

Is there any other content which some listeners might find distressing or objectionable?

Radio is a powerful medium and can have a particularly profound effect on vulnerable listeners.

Pay particular attention to descriptions of violence, disasters, accidents or any criminal act, and also to the portrayal of extremely emotional situations, including fictitious portrayal.

Respect the faith sensitivity surrounding the observance of holy days and the principal festivals of the various faiths. Offence can be caused by material that may be more acceptable at other times.

If you answer ‘yes’ to this question, please give full details in the space provided. Include where in the programme any references may be found (minutes:seconds).

Does the programme include any potentially discriminatory or derogatory references to individuals or groups of people based on factors such as their gender, race, nationality, age, sexual orientation, appearance, disability or religion?

All material must reflect values of respect, openness and fairness.

Material which includes the gratuitous use of offensive casual or derogatory words linked to gender, race, nationality, age, sexual orientation, appearance disability or religion must not be broadcast.

Offensive or stereotypical assumptions must be avoided, and people must only be described in terms of their age, disability and so on when clearly editorially justified.

If you answer ‘yes’ to this question, please give full details in the space provided. Include where in the programme any references may be found (minutes:seconds).

11 PRG V1.2

2. ANTI-SOCIAL OR CRIMINAL BEHAVIOUR

Material likely to encourage or incite the commission of crime, or likely to lead to disorder, must not be broadcast. Content must never glamorise wrong-doing, reveal detail about a crime or celebrate the flouting of judicial process. No broadcast material may encourage, glamorise or condone the use of illegal drugs or other potentially harmful activities.

Extreme caution must be exercised when dealing with fictionalised descriptions of crime to ensure that they do not glamorise or describe criminal acts in great detail.

A victim’s point of view must always be respected when broadcasting the voices of convicted criminals or those awaiting trial.

Extreme caution must always be used to ensure prisoners’ contributions to radio programmes are not likely to cause distress or offence to the victim(s) or alleged victim(s) of their crime(s) or alleged crime(s). Pay particular attention, for example, to the nature of any depictions of fictitious events in drama or book readings.

Material which may have a negative impact on the Prison Service, or on individuals within or outside the Prison Service, must not be broadcast.

Does the programme contain descriptions or references to any anti-social, illegal or criminal behaviour?

Extreme caution must be taken not to glamorise or appear to condone anti-social, illegal or criminal behaviour. Fictitious, light-hearted or humorous references can easily be misconstrued by the audience and should be avoided.

Please pay particular attention to song lyrics. Do not rely on a ‘radio edit’ to be suitable for broadcast, as these often mask specific words while retaining inappropriate sentiment.

If you answer ‘yes’ to this question, please give full details in the space provided. Include where in the programme any references may be found (minutes:seconds).

Is there any reference to a contributor’s conviction for or involvement in any crime?

It may be editorially justified to refer to a past conviction, for example, in the context of a discussion about the consequences of that crime. Extreme caution should be exercised to avoid detail about the specifics of any crime, and the point of view of the victim must be respected at all times.

Broadcasting a person’s previous convictions whilst that individual is participating in active legal proceedings, for example as a defendant, a witness or a plaintiff, could result in legal proceedings for contempt of court. Please use the space provided to explain what steps have been taken to ensure that the contributor is not currently participating in active legal proceedings. Include where in the programme any references may be found (minutes:seconds).

See Glossary for more information about contempt of court.

12 PRG V1.2

3. IMPARTIALITY AND ACCURACY

It is desirable to reflect a wide range of opinion and explore a range and conflict of views in any broadcasts. Undue bias or an imbalance of views on controversial subjects should be avoided.

The tone of discussions must always reflect values of respect, openness and fairness.

Does the programme deal with issues that are likely to be politically, socially or religiously controversial?

Include any issue on which there may be a variety of conflicting views.

It is not always necessary to reflect all sides of a debate in a single programme, provided it is clear that the bias within the programme is the view of one person.

If you answer ‘yes’ to this question, please give full details in the space provided. Include where in the programme any references may be found (minutes:seconds).

Has all factual information in the programme been checked as being completely accurate?

Are you certain that information presented by a prisoner about their personal experience is true and accurate?

Take extreme care to ensure that all material in the programme is factually correct.

Do not take one person’s word as the truth, and take particular care with contributors who may be unreliable or who have the tendency to over-dramatise or fictionalise.

Be particularly alert to contributors stating an opinion as fact, or inventing statistics or other evidence in an attempt to justify an opinion.

If you answer ‘no’ to either of these questions, please give full details in the space provided. Include where in the programme any references may be found (minutes:seconds).

13 PRG V1.2

4. UNDER 18s

Additional legal protection is afforded to minors involved in criminal proceedings, in particular with regard to anonymity.

Care must be taken that no-one under the age of 18 is identified on-air by name.

Under-18s must not make any reference to offences of which they have been either accused or convicted.

Was anyone under the age of 18 involved in making the programme?

Is this programme likely to appeal, or intended to appeal, strongly to listeners under the age of 18?

Answer ‘yes’ if the programme is specifically designed for listeners under the age of 18, and explain why.

5. DEFAMATION, FAIRNESS AND PRIVACY

‘Defamation’ means damage to the reputation of an individual, company or organisation caused by material broadcast by a third party.

See Glossary for more information about defamation.

Does anyone in the programme express a negative opinion about another person or about any company or organisation?

Does anyone in the programme offer any information about a person, company or organisation which, if widely known, would adversely affect the reputation of that person, company or organisation?

Is any private information about any identifiable third party included in the programme?

Private information may include contact details, information about a person’s work or family life, health or financial matters, or their activities and hobbies.

Does anyone appear on the programme who has not given their written consent to appear on the programme?

All contributors and presenters must sign the Ministry of Justice Contributor Release Form to indicate they have given their permission to be recorded and broadcast on prison radio.

It is important to explain clearly to anyone appearing on prison radio exactly what this means. Take care that contributors, particularly young or vulnerable people, are able to make this judgement.

14 PRG V1.2

Please ensure that contributors are aware: o why they are being asked to contribute and where it will appear. o the nature and content of the programme or discussion. o the nature of their involvement.

All programmes must be accompanied by signed Ministry of Justice Contributor Release Forms for every person who appears in the programme.

Has any contributor requested that they only appear on the programme anonymously?

If a contributor asks for anonymity, you must agree with them precisely the way they are to be described on-air.

6. ANY OTHER INFORMATION

Does this programme contain material that may be covered under copyright law?

Examples may include spoken word recordings, book or poetry readings. Please confirm that written permission has been granted by the owner of the copyright, and include relevant paperwork with compliance form. Commercially released music is exempted.

Does the programme encourage the audience to take any particular action (for example call a helpline number, seek a referral to a particular service, contact the radio station)?

Please provide any other information that may help someone else understand any compliance issues with the programme. This can be on a separate sheet if needed.

COMPLIANCE CONFIRMATION

Only sign the form once it has been completed.

By signing the form, you are indicating that the programme is compliant for local or national transmission.

If you have any doubts about any compliance issues in the programme, please contact NOMS Head of Prison Radio, at [email protected]

15 PRG V1.2

GLOSSARY: SOME USEFUL LEGAL DEFINITIONS

DEFAMATION or LIBEL

An individual can sue for damage to their reputation caused by material broadcast or published by a third party. This area of the law is called defamation or libel. Any living individual or company can sue as long as they are reasonably identifiable from what is said and the material is defamatory of them. This means that it would tend to lower them in the estimation of right-thinking people generally.

The claimant does not need to show that they suffered any actual damage, nor that what was said was false. On the contrary, the defendant generally has to prove that it was true.

CONTEMPT

Contempt of Court is the body of law which protects the integrity of the legal process from outside influences. Contempt can take many forms but by far the most serious for broadcasters is publication when legal proceedings are said to be “active”. In most criminal cases, the “active” period starts with the granting of an arrest warrant, the arrest of a suspect, or the issue of a summons or indictment. This may be well before a person is charged.

Once a case is “active”, anything which creates a substantial risk that the course of justice in those proceedings will be seriously prejudiced or impeded will be a contempt of court. This is the case regardless of intent. A serious prejudice might include, for example, the publication of previous convictions.

These rules apply to all courts and tribunals exercising the judicial authority of the state. However, the risk is highest when the case is due to be heard by a lay jury (e.g. in criminal trials).