* Ofcom broadcast bulletin
Issue number 37 20 June 2005 Ofcom broadcast bulletin 37 20 June 2005
Contents
Introduction 3
Standards cases
In Breach 4
Resolved 5
Guidance note on the Use of Premium Rate Telephone Services in Programmes 12
Fairness and Privacy cases
Upheld in Part 13
Other programmes not in breach/outside remit 14
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Introduction
The Communications Act allows for the codes of the legacy regulators to remain in force until such time as Ofcom developed its own Code. Ofcom consulted in 2004 on its new Code. Ofcom’s Broadcasting Code has now been published and will take effect from 25 July 2005 (with the exception of Rule 10.17 which comes into effect on 1 July 2005).
The Broadcasting Code can be found at http://www.ofcom.org.uk/tv/ifi/codes/bcode/
The codes and rules currently in force for broadcast content are:
• Advertising and Sponsorship Code (Radio Authority)
• News & Current Affairs Code and Programme Code (Radio Authority)
• Code on Standards (Broadcasting Standards Commission)
• Code on Fairness and Privacy (Broadcasting Standards Commission)
• Programme Code (Independent Television Commission)
• Programme Sponsorship Code (Independent Television Commission)
• Rules on the Amount and Scheduling of Advertising
From time to time adjudications relating to advertising content may appear in the bulletin in relation to areas of advertising regulation which remain with Ofcom (including the application of formal sanctions by Ofcom).
Copies of the full adjudications for Upheld and Not Upheld Fairness and Privacy cases can be found on the Ofcom website: www.ofcom.org.uk
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Standards cases
In Breach
Playing it Straight Channel 4, 9 April 2005, 10:25
Introduction
Playing it Straight is a dating game with a twist. A female contestant has to identify gay men from a selection of single men, in order to win a cash prize. Nine viewers complained about swearing (“fuck”) by a female contestant. Some viewers also felt that the subject matter was unsuitable for a Saturday morning time slot.
Response
Channel 4 told us that while the programme was initially commissioned for transmission in a Friday night slot, it was decided that the format and subject matter would appeal to T4’s “young and savvy audience” and should therefore be repeated on Saturday mornings. This meant that cuts were needed to produce a pre- watershed version. Unfortunately the offending word was overlooked - it was muttered under the contestant’s breath and the person responsible for the edit simply missed it. During the broadcast the offending word was noticed by the channel’s presentation department, who apologised immediately after the programme. The remaining episodes were re-checked to make sure that there were no further errors. Channel 4 regretted any offence caused to viewers by this human error. The broadcaster said that it was committed to ensuring that all programmes were fully compliant and the department involved had been reminded of the absolute need for vigilance when editing programmes for a daytime repeat.
Decision
The T4 schedule is targeted at a young adult audience and the audience figures confirm that the majority of the audience are over 16. We consider that the subject matter itself was not inappropriate for the time of broadcast. However, although the word “fuck” was muttered under a contestant’s breath, it was still clearly audible and should have been edited for this pre-watershed repeat.
We welcome the apology given at the end of the programme and the broadcaster’s assurances. Nonetheless, there have been recent complaints about swearing in a pre-watershed repeat of the Big Brother Panto (bulletin 30) and in the subtitles of 100 Greatest Christmas Moments (bulletin 33). We are concerned therefore at this latest instance and have concluded that it was in breach of the Programme Code.
The programme was in breach of Section 1.2 (the watershed) of the Programme Code
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Resolved
Today with Des & Mel ITV1, 11 April 2005, 02:50
Introduction
A viewer complained that a repeat of this programme featured a premium rate telephone service (“PRTS”) competition, which appeared to be still available. The complainant found that the line was in fact closed and he believed this should have been made clear to viewers.
Response
The broadcaster confirmed that it was normal practice on ITV1 and ITV2, when following such a repeat pattern, to tell viewers that PRTS competition and/or voting lines were no longer open, since the relevant service would have ended during or soon after the initial transmission. It added that, dependent on technical considerations relating to the individual channel’s transmission resources, viewers would be informed either by a continuity announcement, the superimposition of a caption on screen or, occasionally, both. In this case, while the line itself had been closed, viewers were not informed.
ITV apologised for the error and any inconvenience caused to the complainant, but stressed that no call charges could have been incurred. While it therefore believed that Section 8.2 (Use of PRTS in programmes) of the Programme Code had not been breached, the broadcaster assured us that it had double-checked the repeats schedule and that, for the rest of the series, the relevant broadcasts would carry a continuity announcement telling viewers that the competition and phone lines had closed.
Decision
We agree that viewers should have been informed that the PRTS line had closed. We welcome the broadcaster’s assurances that it will make this clear throughout the remainder of the repeat schedule, which we believe satisfactorily resolves the matter.
Complaint Resolved
See guidance note on the use of PRTS in programmes, p12
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At the Races 26 April 2005, 18:54
Introduction
A viewer complained that a commentator swore (“fuck”) during a live broadcast and that no subsequent apology was given.
Response
The broadcaster apologised for the incident, which had occurred during live racing coverage. A studio based presenter had handed over to the on course presenters and thought that his microphone had been switched off. In jest he had said to another presenter “oh fuck off”. The presenter in question had been warned and other presenters had received written reminders that swearing or bad language in any form would not be tolerated.
Decision
We consider that the presenter demonstrated insufficient care during a live broadcast. However we welcome the broadcaster’s action and consider the matter resolved.
Complaint resolved
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England vs Northern Ireland BBC 1 Northern Ireland, 26 March 2005, 17:00
Introduction
A viewer complained that during the post-match coverage of this game, broadcast live from a Belfast bar, football fans in the background could be seen and heard singing a song known as the ‘Billy Boys’, which the viewer felt was sectarian and offensive.
Response
The BBC said that because a large number of Northern Ireland fans had been unable to attend the match, it had felt that it was important to cover the reactions of those watching the game in Belfast. The bar in question had been chosen after careful consideration and was thought to be a non-sectarian location. Prior to the handover from a studio presenter to the reporter at the bar, checks were made to ensure that the environment was acceptable for broadcast. The singing did not start until the insert was underway - no delay facility was available - and the reporter had difficulty conducting his interview above the high levels of background noise. The reporter was unable to hear the song, as was the studio presenter and it was not until complaints were received that BBC Northern Ireland realised what had happened. A statement of apology was released to the press, and the reporter appeared on a BBC Radio Ulster programme three days later to apologise for any offence caused. As a result, BBC Northern Ireland had reviewed the locations used for such broadcasts and had tightened procedures for monitoring them.
Decision
We welcome the broadcaster’s acknowledgement of the problem. Given the circumstances, together with the broadcaster’s subsequent public apology and assurances about future reports, we consider the matter resolved.
Complaint resolved
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Bandhan Vectone Bangla, 15 March 2005, 12.30
Introduction
The presenter of this programme, a matrimonial show conducted predominantly in Bengali, was speaking to a caller who complained that he had had difficulties in getting through to the show. A viewer complained that, in explaining the position, the presenter said, in English, that she could understand why the caller was “pissed off”.
Response
Vectone said that the programme was aimed at adults, not children, and that it thought that the expression was now commonplace. However, in view of the conservative nature of the programme’s audience, the presenter had been told that her choice of language was unfortunate and should not be repeated.
Decision
In view of the broadcaster’s response, we consider the matter resolved.
Complaint resolved
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So You Think You Can Teach? Five, 30 January 2005, 20:00
Introduction
The series followed the progress of three celebrities who spent two weeks working as ‘trainee teachers’ at a primary school.
In this edition, one of the celebrities had to oversee a swimming lesson. At one point she was heard to say to one of the class “Get your hair wet, you big old poof”. No reference was made to the use of this term by any of the experienced teachers or by the commentary.
Three viewers complained about the use of the word “poof” in this programme. The complainants felt that the term was homophobic and should never have been spoken to a pupil in any circumstances. The complainants said that homophobia is a serious issue in schools - they were particularly concerned that the ‘teacher’ was not seen to be reprimanded for the use of the word.
Response
Five said that one of the underlying themes of So You Think You Can Teach was to show the difficulties faced by trainee teachers in teaching a new class and trying to build a relationship with pupils. The broadcaster said that it had considered carefully whether to leave the comment in the programme but had felt that the extract allowed viewers to form their own views of the ‘teacher’s’ intention and behaviour. However, on reflection, it accepted that the statement should have been balanced either by her being admonished by the head teacher, or by appropriate commentary by the programme’s narrator.
Five said that it recognised that the use of homophobic language in schools was a severe problem and undertook to edit any repeat of the programme accordingly. It apologised for the offence caused.
Decision
The potential offensiveness of the term was compounded by the fact that neither the professional teachers, nor the commentary, criticised the trainee teacher or commented on the message that the use of such language could send. However, we welcome Five’s acceptance of the error and its commitment to edit the programme in the case of any repeat. We consider the matter resolved.
Complaints Resolved
The original decision that this programme was not in breach of the Code has been reconsidered on appeal
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All New Cosmetic Surgery Live Five, 11, 13 and 16 April 2005, various times
Introduction
Five viewers complained about these trailers for the series All New Cosmetic Surgery Live. The viewers complained that they were given no warning about the content of the trailers and were therefore unprepared to see graphic images of surgical procedures. The trailers were shown during the following programmes: Greatest 80s TV Moments, the film Demolition Man, Law and Order and the film Judge Dredd.
These trailers were all shown after the watershed. Although the viewers acknowledged this, they still felt that the trailers were not compatible with the content of the programmes they had chosen to watch.
Response
Five said that it took the content and scheduling of promotional trailers very seriously. In the case of trailers for All New Cosmetic Surgery Live, it was careful to ensure that the content was suitable for the time of day and likely composition of the audience watching at the time. The broadcaster said that the early evening trailers contained very few images of surgery, but those scheduled after the watershed contained slightly more graphic imagery. The most graphic trailers were not transmitted before 22:30. However, after the transmission of the first few trailers, Five said that it had been contacted directly by several viewers who expressed concern at the content of these trailers. These views were taken into account and the broadcaster said that it was more circumspect when choosing the content of future trailers for the rest of the series. No complaints were received by Five for the trailers then played in the second week of the series.
Decision
Section 1.4(iii) of the Programme Code states that “Viewers do not choose to see promotional material, so special care is required in scheduling. As viewers do not make the same choice to view a trailer as they do to watch a programme, broadcasters must carefully consider the expectations of the audience very carefully even after the watershed.”
We believe that the graphic content of these trailers would have been in stark contrast to the content of some of the programmes the trailers were scheduled around – in particular Greatest 80s TV Moments - and, in this context, would have been more likely to surprise the audience. However, we recognise that these trailers were shown late in the evening (none before 22:30) and we appreciate that in response to the complaints Five received, it altered the content of future trailers. As a result of Five’s action we consider the matter resolved.
Complaints resolved
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The Pulse Pulse FM, 9 May 2005, 19:30
Introduction
A listener complained that the presenter told an anecdote in which he talked about his girlfriend clapping along to a video “like a complete and utter retard”. The listener found the use of the term ‘retard’ offensive and upsetting.
Response
Pulse FM explained that the presenter had merely meant to make a playful tongue- in-cheek ‘dig’ at his girlfriend and had not intended to cause offence. However, following an internal enquiry at the station, the presenter now understood that the phraseology used could be offensive and deeply regretted using the term. The complainant had also contacted the station directly and the presenter had volunteered to telephone the complainant and apologise personally for any offence caused.
Decision
We appreciate that, irrespective of context, some listeners find the use of such terminology offensive. The Programme Code makes it clear that there is a danger of offence in the use of humour based on particular characteristics like race, gender or disability. In view of the broadcaster’s response to the complaint and its subsequent action, we consider the matter resolved.
Complaint Resolved
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Guidance note on the Use of Premium Rate Telephone Services in Programmes
The use of premium rate competition and/or voting lines has become a common feature in programmes. If such programmes are repeated, broadcasters should ensure that the audience is informed of any featured premium rate services that no longer operate. This may be achieved orally and/or visually (by appropriate announcements and/or superimposed text, for example), while radio broadcasters may consider editing the material from repeat programming.
While this guidance specifically addresses premium rate services, it would also be advisable to inform the audience of any non-operational telephone services featured in repeat broadcasts.
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Fairness and Privacy Cases
Where a complaint is not upheld there is only a note of the outcome. For a copy of a full adjudication, whether the complaint is upheld or not, go to Ofcom’s website at www.ofcom.org.uk or send a stamped addressed envelope to: Ofcom, Riverside House, 2a Southwark Bridge Road, London SE1 9HA.
Upheld in Part
Complaint by Novartis AG Dying For Drugs, Channel 4, 27 and 29 April 2003
Ofcom upheld, with one exception, a complaint of unfair treatment from Novartis about Dying for Drugs, a documentary broadcast by Channel 4 which investigated the drugs industry and how it tested and priced drugs. Novartis was featured in the programme, and its use of its cancer drug Glivec in South Korea was examined.
Ofcom upheld the following parts of Novartis’ complaint:
The programme implied that Novartis had used patients as guinea pigs and put their lives at risk, when in fact this was the view of the patients.
The programme gave the impression that the cost of the drug was beyond the means of most patients. However, the programme failed to make clear that poorer patients were able to receive it under subsidised schemes.
The programme also implied that the US government had subsidised the development of the drug Glivec and it was therefore cheap to produce. This was not the case and it was therefore unfair to imply that the price of the drug was unnecessarily high.
The programme implied, without sufficient evidence, that the US government had applied pressure on the South Korean government on Novartis’ behalf.
Overall, there were a number of wide ranging and potentially damaging criticisms of Novartis and the programme-makers did not give Novartis an adequate opportunity to respond.
Ofcom did not uphold Novartis’ complaint that it was unfair to refer to the distribution of Glivec in South Korea as a clinical trial.
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Other programmes not in breach/out of remit 18 May – 31 May
Programme Trans Channel Category No. of Date complaint s
Aggro 21/04/2005 Sky One Violence 1 Bad Behaviour 17/05/2005 Channel 4 Offence 3 BBC Radio 4 - BBC Radio 4 Offence 1 Best of Friends 05/05/2005 CBBC Offence 1 Big Brother 25/05/2005 Channel 4 Offence 1 Big Brother 6 31/05/2005 Channel 4 Offence 1 C3 News 24/05/2005 ITV1 Offence 1 Capital Gold 08/01/2005 Capital Gold Offence 1 Celebrity Love Island 16/05/2005 ITV1 Offence 1 Celebrity Love Island 17/05/2005 ITV1 Sexual 1 Portrayal Celebrity Love Island 18/05/2005 ITV1 Accuracy 1 Celebrity Love Island 23/05/2005 ITV1 Offence 1 Celebrity Love Island 21/05/2005 ITV1 Offence 1 Celebrity Love Island 24/05/2005 ITV1 Offence 1 Celebrity Love Island 13/05/2005 ITV1 Offence 1 CNN News 23/05/2005 CNN Accuracy 1 Comedy Lab 13/05/2005 Channel 4 Offence 1 Conviction 21/05/2005 BBC2 Offence 1 Coronation Street 23/05/2005 ITV1 Offence 1 Crunch! 11/05/2005 Nickelodeon Offence 1 Dambusters 14/05/2005 Channel 4 Offence 1 Desperate Housewives 26/05/2005 Channel 4 Offence 1 Dispatches 23/05/2005 Channel 4 Offence 1 Don't Worry 16/05/2005 Channel 4 Offence 1 Don't Worry 17/05/2005 Channel 4 Offence 1 Drawn Together 08/05/2005 MTV Offence 1 Emmerdale 20/05/2005 ITV1 Offence 1 Enterprise 22/05/2005 Channel 4 Offence 1 Eurovision Song Contest 21/05/2005 BBC1 Offence 3 Families Behaving Badly 19/05/2005 Five Language 1 FAQ U 19/05/2005 Channel 4 Offence 1 Five Live 26/04/2005 Five Live Offence 1 Friends 23/05/2005 Channel 4 Offence 1 Futurama 21/05/2005 Channel 4 Offence 1 GMTV 06/04/2005 ITV1 Offence 1 GMTV 09/05/2005 ITV1 Offence 1 GMTV 20/05/2005 ITV1 Offence 1 Have I Got News For You 14/05/2005 BBC2 Offence 1 Have I Got News For You 13/05/2005 BBC1 Offence 1 Have I Got News For You 20/05/2005 BBC1 Offence 1 Hell's Kitchen 24/05/2005 ITV1 Language 1
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High Spirits with Shirley Ghostman 19/04/2005 BBC3 Offence 1 Hollyoaks 25/05/2005 Channel 4 Offence 2 Home and Away 20/05/2005 Five Offence 1 ITV News 19/05/2005 ITV1 Accuracy 1 ITV News 25/05/2005 ITV1 Offence 1 Jeremy Vine 03/05/2005 BBC Radio 2 Offence 1 Just for Laughs 14/05/2005 BBC1 Offence 1 Karam 21/05/2005 Zee Cinema Offence 1 Life Isn't All Ha Ha Hee Hee 20/05/2005 BBC2 Offence 3 Loose Women 16/05/2005 ITV1 Offence 1 M*A*S*H 08/05/2005 Paramount 2 Offence 1 Man vs Beast USA 17/05/2005 ITV2 Offence 5 Man vs Beast USA 21/05/2005 ITV2 Offence 2 Marooned 22/05/2005 Five Offence 1 Mercury FM - Mercury 96.6 Impartiality 1 Meridian News 11/05/2005 ITV1 Offence 1 Monkey Trousers 20/05/2005 ITV1 Offence 2 Monster Jam UK 24/04/2005 Channel 4 Offence 1 My Parents Are Aliens 18/05/2005 ITV1 Offence 1 Neighbours 05/05/2005 BBC1 Offence 1 Nickelodeon 09/05/2005 Nickelodeon Offence 1 Not Tonight with John Sergeant 22/05/2005 ITV1 Offence 1 Radio 1 17/05/2005 BBC Radio 1 Offence 1 Radio 1 23/05/2005 BBC Radio 1 Accuracy 4 Ramsay's Kitchen Nightmares 24/05/2005 Channel 4 Language 3 Real Story 16/05/2005 BBC1 Offence 1 Revelation TV 25/05/2005 Revelation TV Offence 1 Richard and Judy 17/05/2005 Channel 4 Offence 3 Richard and Judy 12/05/2005 Channel 4 Offence 1 Richard and Judy 19/05/2005 Channel 4 Offence 3 Selling Houses 05/05/2005 Channel 4 Language 2 Stalking Pete Docherty 17/05/2005 Channel 4 Offence 2 Steve Power at Breakfast 17/05/2005 Wave105 Offence 1 Stupid 13/05/2005 BBC1 Offence 1 Talksport 19/05/2005 Talksport Offence 1 The Bill 26/11/2003 ITV1 Offence 1 The Explosive 80s. . . 23/05/2005 Channel 4 Offence 1 The Farm 16/05/2005 Five Sexual 1 Portrayal The Farm 18/05/2005 Five Sexual 1 Portrayal The Farm 14/05/2005 Five Offence 1 The Farm 19/05/2005 Five Offence 1 The Farm 21/05/2005 Five Language 1 The Farm 31/05/2005 Five Offence 1 The League of Gentlemen 24/05/2005 BBC2 Offence 1 The League of Gentlemen 17/05/2005 BBC2 Offence 1 The Michelangelo Code 21/05/2005 Channel 4 Language 1 The Morning After Show 10/04/2005 Channel 4 Language 1 The Morning After Show 17/04/2005 Channel 4 Offence 2
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The Morning After Show 03/04/2005 Channel 4 Offence 1 The Real Exorcist 24/02/2005 Channel 4 Offence 1 The Sweetest Thing 18/05/2005 Five Scheduling 1 The Wright Stuff 18/05/2005 Five Offence 1 The Wright Stuff 23/05/2005 Five Offence 1 This Morning 26/05/2005 ITV1 Offence 1 This Week 19/05/2005 BBC1 Offence 1 Tonight with Trevor McDonald 09/05/2005 ITV1 Offence 1 Top Gear 18/05/2005 BBC2 Offence 1 Top Gear 24/05/2005 BBC2 Offence 1 Top Gear 22/05/2005 BBC2 Offence 1 Tower FM 30/04/2005 Tower107.4F Accuracy 1 M Traffic Cops 16/03/2005 BBC1 Language 1 Urban Music Festival:The Young 15/05/2005 Channel 4 Language 1 Disciples Vectone Bolly 20/05/2005 Vectone Bolly Offence 1 Zane Lowe Show 18/05/2005 BBC Radio 1 Language 1
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