Ofcom Broadcast Bulletin 192
Ofcom Broadcast BulletinIssue number 19224 October 20111
Ofcom Broadcast Bulletin, Issue 19224 October 2011ContentsIntroduction4Notice of RevocationBabeworld held byBabeworld TV LimitedHouse of Fun held byHouse of Fun Television LimitedThe Other Side held byForenzquick UK Limited5Standards casesIn BreachBelieve TV25 June 2011, 11:00 to 12:007Being EricaE4, 11 August 2011, 07:3512ProgrammingOnFM, 18 June 2011, 07:3015ProgrammingRinse FM, 9 August 2011, 18:0018Note to broadcastersOffensive language in radio programming21This MorningITV1, 29 July 2011, 10:3022Le Tour de France LiveITV4, 19 July 2011, 16:0027Sikh Channel Youth ShowSikh Channel, 28 May 2011, 19:3030Provision of recordingsSikh Channel, Various dates and times34Encrypted material broadcast free to airAdult Channel, 2 August 2011,22:50 to 23:00 and 23:50 to 00:0038Bluebird TVSportXXXGirls, 10 August 2011, 18:20412
Ofcom Broadcast Bulletin, Issue 19224 October 2011Not in Breach6UL /DQND¶V .LOOLQJ )LHOGVChannel 4, 14 June 2011, 23:0545Advertising Scheduling casesIn BreachAdvertising schedulingESPN and ESPN Classic, 28 April to 30 June 2011,various dates and times55Breach findings tableCode on the Scheduling of Television Advertisingcompliance reports58Fairness and Privacy casesNot UpheldComplaint by Mr Mark GrovesCowboy Builders, Channel 5, 27 October 201059Complaint by Mr Brendan MitchellCowboy Builders, Channel 5, 27 October 201075Complaint by Mr DFive Daughters, BBC4, 20 January 201188Complaint by Mr James RaffertyBig Fat Gypsy Weddings, Channel 4, 25 January 201199Complaint by Mr Thomas SheridanThe Rise and Lies of Tommy Sheridan,BBC1 Scotland, 23 December 2010109Complaint by Mrs Gail SheridanThe Rise and Lies of Tommy Sheridan,BBC1 Scotland, 23 December 2010120Other Programmes Not in Breach127Complaints Assessed, Not Investigated128Investigations List1353
Ofcom Broadcast Bulletin, Issue 19224 October 2011IntroductionUnder the Communications Act 2003, Ofcom has a duty to set standards forbroadcast content as appear to it best calculated to secure the standards objectives1,Ofcom must include these standards in a code or codes. These are listed below.The Broadcast Bulletin reports on the outcome of investigations into allegedbreaches of those Ofcom codes, as well as licence conditions with whichbroadcasters regulated by Ofcom are required to comply. These include:a) 2IFRP¶V %URDGFDVWLQJ &RGH ³WKH &RGH ZKLFK FDQ EH IRXQG DW dcast-codes/broadcast-code/.b) WKH &RGH RQ WKH 6FKHGXOLQJ RI 7HOHYLVLRQ GYHUWLVLQJ ³&267 ZKLFK FRQWDLQV rules on how much advertising and teleshopping may be scheduled inprogrammes, how many breaks are allowed and when they may be taken.COSTA can be found roadcast-codes/advert-code/.c)certain sections of the BCAP Code: the UK Code of Broadcast Advertising,which relate to those areas of the BCAP Code for which Ofcom retainsregulatory responsibility. These include:xxxWKH SURKLELWLRQ RQ µSROLWLFDO¶ DGYHUWLVLQJsponsorship and product placement on television (see Rules 9.13, 9.16 and9.17 of the Code) and all commercial communications in radio programming(see Rules 10.6 to 10.8 of the Code);µSDUWLFLSDWLRQ 79¶ DGYHUWLVLQJ 7KLV LQFOXGHV ORQJ-form advertising predicatedon premium rate telephone services PRVW QRWDEO\ FKDW LQFOXGLQJ µDGXOW¶ FKDW µSV\FKLF¶ UHDGLQJV DQG GHGLFDWed quiz TV (Call TV quiz services).2IFRP LV DOVR UHVSRQVLEOH IRU UHJXODWLQJ JDPEOLQJ GDWLQJ DQG µPHVVDJH ERDUG¶ PDWHULDO ZKHUH WKHVH DUH EURDGFDVW DV DGYHUWLVLQJ2.The BCAP Code is at: www.bcap.org.uk/The-Codes/BCAP-Code.aspxd)other licence conditions which broadcasters must comply with, such asrequirements to pay fees and submit information which enables Ofcom to carryout its statutory duties. Further information on television and radio licences canbe found at: s/ icensing/.Other codes and requirements may also apply to broadcasters, depending on theircircumstances. These include the Code on Television Access Services (which setsout how much subtitling, signing and audio description relevant licensees mustprovide), the Code on Electronic Programme Guides, the Code on Listed Events, andthe Cross Promotion Code. Links to all these codes can be found roadcast-codes/,W LV 2IFRP¶V SROLF\ WR GHVFULEH IXOO\ WKH FRQWHQW LQ WHOHYLVLRQ DQG UDGLR SURJUDPPHV that is subject to broadcast investigations. Some of the language and descriptionsXVHG LQ 2IFRP¶V %URDGFDVW %XOOHWLQ PD\ WKHrefore cause offence.1The relevant legislation is set out in detail in Annex 1 of the Code.2BCAP and ASA continue to regulate conventional teleshopping content and spot advertisingfor these types of services where it is permitted. Ofcom remains responsible for statutorysanctions in all advertising cases4
Ofcom Broadcast Bulletin, Issue 19224 October 2011Notice of RevocationLicence number:Service name:Licensee:TLCS-628BabeworldBabeworld TV LimitedLicence number:Service name:Licensee:TLCS-700House of FunHouse of Fun Television LimitedLicence number:Service name:Licensee:TLCS-1139The Other SideForenzquick UK LimitedIntroductionBabeworld TV Limited, House of Fun Television Limited and Forenzquick UK Limitedheld TLCS licences under the Broadcasting Act 1990 for the television servicesBabeworld, House of Fun and The Other Side respectively.The Communications Act 2003, The Broadcasting Act 1990 and the Broadcasting Act1996 require that any person who provides a television service in the UK must beauthorised to do under a licence granted by Ofcom or another appropriate Europeanregulatory authority. Under section 13(1) of the Broadcasting Act 1990 it is a criminaloffence to provide a television service without a licence.Section 362(2) of the Act, sets out who should be treated as the provider of theservice for the purposes of holding the licence1.2IFRP¶V ³*XLGDQFH UHJDUGLQJ WKH µSURYLGHU RI D EURDGFDVWLQJ VHUYLFH DQG µVXEOHWWLQJ RI FDSDFLW\ GDWHG 0D\ 2 states that Ofcom considers:³D SHUVRQ ZLOO QRUPDOO\ KDYH JHQHUDO FRQWURO LI WKDW SHUVRQ exercises effectivecontrol over the selection of programmes that comprise the service and theirorganisation into a programme schedule. It is that person who will normallybe treated as being the provider of the service and who will need to hold abroadFDVWLQJ OLFHQFH DXWKRULVLQJ LWV SURYLVLRQ Condition 29(2)(a) of all TLCS Licences provide that Ofcom may revoke the licenceby notice in writing served on the Licensee and talking effect from the time of serviceif Ofcom is satisfied that the Licensee has ceased to provide the Licensed Serviceand it is appropriate to revoke the Licence.1Section 362 (2) state ³WKH SHUVRQ ZLWK JHQHUDO FRQWURO RYHU ZKLFK SURJUDPPHV DQG RWKHU services and facilities comprised in the service (whether or not he has control of the content ofWKH LQGLYLGXDO SURJUDPPHV RU WKH EURDGFDVWLQJ RU GLVWULEXWLRQ RI WKH VHUYLFH 2The full guidance regarding licensing position of the provider of the service can be found e-provider.pdf5
Ofcom Broadcast Bulletin, Issue 19224 October 2011DecisionIn the course of correspondence and meetings with Ofcom, statements made byBabeworld Television Limited, House of Fun Television Limited and Forenzquick UKLimited about the operation of the Licensed Services failed to satisfy Ofcom thatthese Licensees had general control over which programmes and other serviceswere comprised in the Service. Ofcom therefore concluded that Babeworld TelevisionLimited, House of Fun Television Limited and Forenzquick UK Limited were not the³SURYLGHUV RI WKH /LFHQVHG 6HUYLFHV LQ DFFRUGDQFH ZLWK VHFWLRQ RI WKH Communications Act 2003 and that, accordingly, it was appropriate to revoke theTLCS Licences 628; 700 and 1139 under Condition 29(2)(a) of those Licences.Revocation of the Licences under Licence Condition 29(2)(a) of the Licences.6
Ofcom Broadcast Bulletin, Issue 19224 October 2011Standards casesIn BreachBelieve TV25 June 2011, 11:00 to 12:00IntroductionBelieve TV is a service which broadcasts Christian programming and is located in thereligious section of the Sky electronic programme guide. The channel broadcastsSURJUDPPHV ZKLFK LQFOXGH ³WHVWLPRQ\ ZKHUH PHPEHUV RI WKH FKXUFKHV IHDWXUHG including the VPA, proclaim how health problems, financial issues or other personalmatters have been alleviated through healing from a pastor or other religious leaderand their faith in God. All of the content on Believe TV is religious programming,being programmes which deal with matters of religion as the central subject, or asignificant part, of the programme. The licence for Believe TV is held by The Light FDGHP\ /LPLWHG ³/ / RU ³WKH /LFHQVHH A complainant alerted Ofcom to two alleged claims of serious illnesses being cured.These were broadcast on Believe TV on 25 June 2011. The claims were included ina programme which lasted around 20 minutes promoting the work of the churchNQRZQ DV WKH 9LFWRULRXV 3HQWHFRVWDO VVHPEO\ ³93 7KH FODLPV DSSHDUHG DV onscreen text while images of the pastor of VPA, Alex Omokodu, were shown giving³KHDOLQJ WR IROORZHUV DW WKH FKXUFK 7KH RQVFUHHQ WH[W FODLPV UHIHUUHG WR E\ WKH complainant were shown on the bottom third of the screen in white lettering on ablack background: ³ ,9 ,6 ( /(' and ³& 1&(5 ,6 ( /(' .Ofcom considered the material raised issues warranting investigation under thefollowing rules of the Code:Rule 2.1:³*HQHUDOO\ DFFHSWHG VWDQGDUGV PXVW EH DSSOLHG WR WKH FRQWHQWV RI television and radio services so as to provide adequate protection formembers of the public from the inclusion in such services of harmfulDQG RU RIIHQVLYH PDWHULDO Rule 4.6:³5HOLJLRXV SURJUDPPHV PXVW QRW LPSURSHUO\ H[SORLW DQ\ VXVFHSWLELOLWLHV RI WKH DXGLHQFH Ofcom therefore asked the Licensee how the content complied with these rules.ResponseLAL did not provide a formal response to the issues raised by Ofcom.However, the Licensee did send Ofcom a general statement regarding thecompliance arrangements overall for Believe TV.In this statement the LicenseH H[SODLQHG WKDW LW FRQVLGHUHG LWVHOI WR EH D ³YHU\ UHVSRQVLEOH EURDGFDVWHU DQG WRRN WKHVH PDWWHUV YHU\ VHULRXVO\ &RQVHTXHQWO\ WKH /LFHQVHH KLJKOLJKWHG WKDW LW KDG HQODUJHG LWV FRPSOLDQFH WHDP ³ZKR GLOLJHQWO\ QRZ JR through each and every programme and any commercial matter sent, as well asWKRURXJKO\ WHVW WKH VFKHGXOHV 7
Ofcom Broadcast Bulletin, Issue 19224 October 2011Decision8QGHU WKH &RPPXQLFDWLRQV FW ³WKH FW 2IFRP KDV D VWDWXWRU\ GXW\ WR require the application of standards that provide adequate protection to members ofthe public from the inclusion of offensive and harmful material.Ofcom also has a duty to set such standards for the content of programmes toVHFXUH WKH VWDQGDUGV REMHFWLYHV LQFOXGLQJ WKDW ³JHQHUDOO\ DFFHSWHG VWDQGDUGV DUH applied so as to provide adequate protection for members of the public from theLQFOXVLRQ RI KDUPIXO PDWHULDO ³EURDGFDVWHUV H[HUFLVH WKH SURSHU GHJUHH RI responsibility with respect to the content of programmes which are religiousSURJUDPPHV DQG WKDW UHOLJLRXV SURJUDPPHV GR QRW LQYROYH ³DQ\ LmproperH[SORLWDWLRQ RI DQ\ VXVFHSWLELOLWLHV RI WKH DXGLHQFH IRU VXFK D SURJUDPPH In reaching this decision Ofcom has taken account of WKH EURDGFDVWHU¶V DQG DXGLHQFH¶V ULJKW WR IUHHGRP RI H[SUHVVLRQ 7KLV LV VHW RXW LQ UWLFOH RI WKH European Convention on Human Rights. Article 10 provides for the right of freedomof expression, which encompasses the right to hold opinions and to receive andimpart information and ideas without interference by public authority.Ofcom has also had regard to Article RI WKH (& 5 ZKLFK VWDWHV WKDW HYHU\RQH ³KDV WKH ULJKW WR IUHHGRP RI WKRXJKW FRQVFLHQFH DQG UHOLJLRQ 7KLV UWLFOH JRHV RQ WR PDNH FOHDU WKDW IUHHGRP WR ³PDQLIHVW RQH¶V UHOLJLRQ RU EHOLHIV VKDOO EH VXEMHFW RQO\ WR such limitations as are prescribed by law and are necessary in a democratic societyLQ WKH LQWHUHVWV RI SXEOLF VDIHW\ IRU WKH SURWHFWLRQ RI « KHDOWK « RU IRU WKH SURWHFWLRQ RI WKH ULJKWV DQG IUHHGRPV RI RWKHUV Broadcast content may include material in which individuals express theirexperiences of healing through prayer and belief in miracles, and which includesreligious preaching where prayer is presented as a means of supporting individualsthrough illness and personal difficulties. In considering this case, Ofcom has alsotaken into account that a number of people find comfort and solace from prayer or abelief in faith healing when ill or encountering personal difficulties. Prayer and faithhave been reported by some to be factors in the recovery of a number of individualillnesses.It LV QRW ZLWKLQ 2IFRP¶V UHPLW WR TXHVWLRQ RU LQYHVWLJDWH WKH YDOLGLW\ RI UHOLJLRXV EHOLHI or its consequences but to require broadcasters to comply with the standards in theCode.When investigating the issues that may arise from the broadcast of content thatmakes explicit claims to healing serious illnesses, Ofcom has regard to the right tofreedom of expression and freedom of religion of the broadcaster and audience.However Ofcom must balance the exercise of that right against the need to provideadequate protection for the public. Issues may arise under the Code where suchcontent has the potential to lead to harm or where there is any likelihood for thecontent to exploit improperly any susceptibilities of the audience.Rule 2.1Rule 2.1 states that generally accepted standards must be applied to the contents oftelevision and radio services so as to provide adequate protection for members of thepublic from the inclusion in such services of harmful and/or offensive material. Thisrule is specifically concerned with the protection of viewers from harm.8
Ofcom Broadcast Bulletin, Issue 19224 October 2011In assessing whether there was a breach of Rule 2.1, Ofcom therefore had toconsider whether the claims broadcast could have encouraged viewers to believethat the serious illnesses featured, in particular cancer and HIV, could be curedthrough the work of the VPA (without orthodox medication). If this were the case,there was a potential for harm because some viewers with serious illnesses whomay therefore be more vulnerable might have understood on the basis of what theysaw on Believe TV that they could be cured by the work of the VPA, and as resulteither not sought medical advice or stopped following a course of recommendedmedical treatment. This clearly could be very harmful.First Ofcom examined the claims about healing that to assess their potential forharm.The claims were made in a programme which lasted about 20 minutes overall promoting the VPA, and its founder and pastor Alex Omokodu. Around two minutesinto the programme it VKRZHG LPDJHV RI DWWHQGHHV DW WKH FKXUFK UHFHLYLQJ ³KHDOLQJ from Pastor Omokudo as a voiceover stated:³9LFWRULRXV 3HQWHFRVWDO VVHPEO\ LV D FKXUFK UHJXODUO\ LQ FRPPXQLRQ ZLWK WKH power of the Holy Spirit and has been witness to scores of miraculoustestimonies, breakthroughs, healing and what can only be described as divineintervention a second nature at this mountain of God. This centre ofexcellence is committed to building up a people of purpose, power and praise,nursing the afflicted to deliverance, the downtrodden are restored to a royalpriesthood, from many other afflictions of the righteous, but the Lord deliveredWKHP IURP WKHP DOO QG H ZLOO GR WKH VDPH IRU \RX Ofcom noted that as these images were broadcast various graphics were laid over ablack segment filling the bottom third of the screen. Each separate graphic was onscreen for around 10 seconds. Four of the graphics stated consecutively: ³7 ( / 0( : /. * ,1 ; ³& 1&(5 ,6 ( /(' ; ³: 6 3521281&(' '( ' %87 5(6725(' 7 9 3 ; and ³ ,9 ,6 ( /(' .Taking into account :xxWKH MX[WDSRVLWLRQ RI WKH LPDJHV RI ³KHDOLQJ DQG WKH FODLPV FRQWDLQHG LQ WKH graphics; andWKH YRLFHRYHU VWDWLQJ WKDW 93 KDG EHHQ ZLWQHVV ³WR VFRUHV RI PLUDFXORXV testimonies and healing,Ofcom considered that viewers would have reasonably understood from theonscreen claims that the healing and testimony at the church could include the curingof HIV and cancer through attendance at the VPA alone.Given that some viewers who may have watched this material may have beensuffering from serious medical conditions, and may therefore have been in avulnerable state, Ofcom concluded that this material had the potential to cause harm.Ofcom therefore reviewed if adequate protection to viewers was provided, forexample by providing information to continue to seek medical treatment.Ofcom considered this was especially important when considering cancer healingclaims because Section 4 of the Cancer Act 1939 makes it a criminal offence forDQ\RQH WR SXEOLVK DQ ³DGYHUWLVHPHQW RIIHULQJ WR WUHDW DQ\RQH ZLWK FDQFHU RU JLYH DQ\ advice with the connection or treatment of cancer. While the editorial content on%HOLHYH 79 PD\ QRW EH LQWHUSUHWHG VWULFWO\ DV DQ ³DGYHUWLVHPHQW WKH H[LVWHQFH RI 9
Ofcom Broadcast Bulletin, Issue 19224 October 2011such a crime on the statute book highlights that Parliament considered the publicprovision of any advice on how to treat cancer to be in a special category, andtherefore, that it should be tightly regulated in the public interest and only made bythose specially authorised to do so.Before the start of the promotional style programme the following three onscreengraphics were broadcast while the text was read in voiceover:³7KH IROORZLQJ SURJUDPPH LQFOXGHV WHVWLPRQLHV RI WUXH VWRULHV IURP SHRSOH who have received divine healing through thH PLQLVWU\ RI WKH 93 ³7KH\ JDYH WKHVH YROXQWDULO\ ZLWKRXW DQ\ GLUHFWLYHV IURP 93 ³:H DGYLVH \RX WR DOZD\V VHHN \RXU PHGLFDO SUDFWLWLRQHU DGYLVH [sic] beforemaking any decision based on this proggramme [sic] This statement provided some protection to viewers, by warning them to seekmedical advice. But Ofcom noted that:xxxthese statements were broadcast before the promotional style programmebegan;they were separated from the claims of healing by about two and a halfminutes; andno warning or information was broadcast immediately before, during or afterthe four claims for healing highlighted above.These factors limited the protection afforded to viewers by the statement.In addition, the claims to heal cancer and HIV were made in the context ofprogramming which actively solicited viewers to attend the VPA (see Rule 4.6 below),and were made without any form of objectively verifiable evidence to support them.Ofcom concluded that, taking all these factors into account, viewers were notprovided with adequate protection from harm. Some members of the audience especially those with serious illnesses could have been left with the impression thatthe healing of HIV and cancer could, and would, take place if the viewer attended thechurch.In view of the fact that the Licensee did not take steps to provide viewers withadequate protection from the claims made, Ofcom concluded that the Licensee didnot apply generally accepted standards. This was a breach of Rule 2.1.Rule 4.6Rule 4.6 states that religious programmes must not improperly exploit anysusceptibilities of the audience. The Ofcom guidance on this Code rule makes clearWR EURDGFDVWHUV WKDW ZKHQ ³WKH\ DUH VROLFLWLQJ DQ DFWXDO UHVSRQVH IURP WKHLU DXGLHQFH WKH\ PXVW WDNH FDUH DQG recognise the possible risk to audiencemembers, particularly the vulnerable.,Q WKLV FDVH 2IFRP ILUVW FRQVLGHUHG ZKHWKHU WKH FRQWHQW ZDV ³VROLFLWLQJ D UHVSRQVH from the viewer. Ofcom noted that the content concluded by advising viewers to:³SUHSDUH \RXrself to receive this mantle of God and expect your testimony because\RXU WLPH KDV FRPH 7KH UHIHUHQFH WR ³WHVWLPRQ\ UHIHUV WR ZKHUH PHPEHUV RI WKH 10
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Ofcom Broadcast Bulletin Issue number 192 24 October 2011 . Ofcom Broadcast Bulletin, Issue 192 24 October 2011 2 Contents Introduction 4 Notice of Revocation Babeworld held by Babeworld TV Limited House of Fun held by House of Fun Television Limited The Other Side held by
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A Campaign for Broadcasting Equality CIO response to Ofcom’s proposed plan of work 2021/22 Despite its statutory responsibilities, Ofcom has chosen to turn a blind eye to racism in broadcasting. Now, Ofcom CEO, Dame Melanie Dawes, has said that to rebuild trust, the broadcasters should bring back into the industry the minority ethnic people who had left it. This cannot be achieved until the .
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