The role of Channel 4's Legal and Compliance Department is to advise on the content of the entire range of the channel's activities. Our brief is to enable the publication of the strongest and bravest programmes and material within the range of acceptable risk. We train programme-makers and commissioning editors on legal and compliance issues and set up procedures for scrutiny of series such as Big Brother. The areas of law on which we advise include defamation, copyright, contempt and privacy. The regulatory codes issued by the ITC (Independent Television Commission) and the BSC (Broadcasting Standards Commission) are far-ranging and cover taste and decency in programmes, privacy and fairness and commercial references. Channel 4 recently repeated Chris Morris's Brass Eye. When this series was first broadcast it was something of a cause cŽl�bre because it broke new ground in its exploration of controversial issues and for its sophisticated 'set-ups' where celebrities were duped to take part in fictitious campaigns. The most famous concerned a campaign against a fictional drug called 'cake'. Celebrities, including a number of MPs, were tricked into making ludicrous statements to camera about this supposed drug which none of them bothered to check out. As the ITC Code did not expressly regulate this area, my colleague and I who advised on the series had to think laterally about how the programme could be justified. The ITC upheld complaints made by two of the MPs. However, paradoxically, following lobbying from all the commercial terrestrial broadcasters, the ITC Code has been changed so that there is now a public interest defence for programmes involving celebrities and public figures in these circumstances. Chris Morris's most recent project was the Brass Eye Special satirising the hysterical public reaction to paedophiles and the ambivalence of society to the sexualisation of children. One of my deputies and I dealt with the legal and regulatory issues, advising editorial colleagues on compliance with the ITC Code. The programme gave rise to a record number of complaints but also received widespread praise. The ITC and BSC issued contradictory rulings on Brass Eye. Although they acknowledged the care Channel 4 had taken with its procedures, the ITC has directed the broadcaster to transmit an apology on the basis that the warning for the programme was not sufficient. Channel 4 has argued, and will continue to argue, that we followed the ITC and BSC Codes with extreme care and all our decisions were based on precedent. The Channel has said that it is proud of this programme and they stand by it unequivocally. There are six lawyers in the Department, all of whom have had previous experience of media law. The most recent graduate trained as a barrister. He did not study law for his degree; in fact only two members of the Department did so. The most important quality we look for in recruits is excellent judgment. It is essential that the lawyers are extremely broad-minded and unshockable, since we have to view a lot of difficult material and advise on its suitability for broadcast. I also look at the personality of the lawyer to ensure they will fit in with the team, since we are a closely-knit group and look to each other for support and advice. Jan Tomalin: Head of Legal and Compliance Department, Channel 4 | 
