Ofcom Broadcast Bulletin Issue number 94 8 October 2007 Ofcom Broadcast Bulletin, Issue 94 8 October 2007 Contents Introduction 3 Standards cases Notice of Sanction GMTV Ltd 5 Viewer competitions, GMTV, August 2003 to February 2007 In Breach Drivetime with Rick Vaughan Show 6 BRMB (Birmingham), 16 - 22 May 2007, various times Win a Car a Day in May 8 Real Radio - Scotland (Central Scotland), 29 May 2007, 15:12 Quiz Night Live 10 FTN, 29 October 2006, 22:00 Cash Call “Total Amount of Money” puzzle 12 The Hits, 28 February 2007, 02:30 Call Me a Cabbie 14 Sky Three, 16 August 2007, 07:30 101 Sexiest Celebrity Bodies 15 ITV2, 31 July 2007, 20:00 Ek Ajnabee 16 Zee TV Cinema, 27 May 2007, 12:00 The Breakfast Show 17 Power FM (South Hampshire), 17 April 2007, 07:40 Resolved Cash, Car and the Caribbean 19 Metro Radio, 12 January 2007, 16:20 and TFM 96.6FM, 17 January 2007, 08:50 Fairness & Privacy cases Upheld in Part Complaint by Carter Ruck Solicitors on behalf of Mrs Monica Calvert 21 Old Dogs New Tricks, BBC1, 31 August 2006 2 Ofcom Broadcast Bulletin, Issue 94 8 October 2007 Fairness & Privacy cases continued Not Upheld Complaint by Ms Lisa Rodrigues on behalf of 31 Sussex Partnership NHS Trust Dispatches: Britain’s Mental Health Scandal, Channel 4, 9 October 2006 Complaint by Mr Robert Winsor 41 Newsnight, BBC2, 25 January 2007 Other programmes not in breach/outside remit 45 3 Ofcom Broadcast Bulletin, Issue 94 8 October 2007 Introduction Ofcom’s Broadcasting Code (“the Code”) took effect on 25 July 2005 (with the exception of Rule 10.17 which came into effect on 1 July 2005). This Code is used to assess the compliance of all programmes broadcast on or after 25 July 2005. The Broadcasting Code can be found at http://www.ofcom.org.uk/tv/ifi/codes/bcode/ The Rules on the Amount and Distribution of Advertising (RADA) apply to advertising issues within Ofcom’s remit from 25 July 2005. The Rules can be found at http://www.ofcom.org.uk/tv/ifi/codes/advertising/#content 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 statutory sanctions by Ofcom). 4 Ofcom Broadcast Bulletin, Issue 94 8 October 2007 Standards cases Notice of Sanction GMTV Ltd Viewer competitions, GMTV, August 2003 to February 2007 On 26 September 2007, Ofcom published its decision to impose a statutory sanction on GMTV Ltd. for breaches of Rule 2.11 (competitions should be conducted fairly) of the Ofcom Broadcasting Code, which came into effect on 25 July 2005; and Rule 8.2(b) (Use of Premium Rate Telephone Services in Programmes) of the ITC (Independent Television Commission) Code 2002, which was in force until 24 July 2005. Ofcom has found that these rules were breached due to the following conduct: Competition finalists were regularly selected before lines closed (“early selection”) over a period of nearly four years. A method of selecting finalists was used that resulted in those viewers who called to enter between 08:30 and 09:00 having significantly less chance of being selected as a finalist than those who entered before 08:30 (“the 15/5 method”). In addition, on some occasions the final five competition finalists were selected up to three minutes before lines closed (“final five”). For the reasons set out in the adjudication, Ofcom imposed a financial penalty of £2,000,000 on GMTV and directed it to broadcast a statement of its findings in a form determined by Ofcom on three specfied occasions. The full adjudication is available at: http://www.ofcom.org.uk/tv/obb/ocsc_adjud/gmtv.pdf 5 Ofcom Broadcast Bulletin, Issue 94 8 October 2007 In Breach Drivetime with Rick Vaughan Show BRMB (Birmingham), 16 - 22 May 2007, various times Introduction The drivetime show is broadcast from 14:00 - 18:00. Ofcom received a complaint that a competition prize was inaccurately described and therefore listeners were misled when encouraged to participate in a competition. The presenter described the competition as an opportunity to accompany him to Athens and watch the Champions League Final. The complainant’s wife entered the competition and was later contacted to say that she had ‘won’ but that there was some bad news – it was not Athens in Greece, but a restaurant called Athens in Birmingham. The complainant subsequently contacted the station directly to complain. The complainant appreciated that the station had offered to refund the cost of the text (25p at the standard rate), but he nevertheless thought that they had exercised poor judgement in running a competition which was based upon a deception. Ofcom asked the broadcaster to comment on the item in the context of Rule 2.11. This Rule requires that: “Competitions should be conducted fairly, prizes should be described accurately and rules should be clear and appropriately made known”. Response GCap Radio, which owns BRMB, said that the station wanted to ensure that the competition was fun and engaging for its listeners and, to a large extent, they believed that this had been achieved. They maintained that there was no attempt by the radio station to mislead contemptuously or deceive its listeners or engage in any practice that could be deemed less than exemplary. They further added that the radio industry is a highly competitive market where there is a need for radio stations to show genuine creativity so as to attract listeners. The prize was described as a chance for 100 people to win “tickets to go to Athens and watch the Champions League final”. At various points throughout the promotion of the competition, however, GCap Radio said sufficient clues were given to listeners that the prize was not a trip to Athens in Greece. For example at one point it was even clearly stated that the prize was for "Athens in Brum" not "Athens in Greece"; an interview with the owner of the restaurant 'Athens' gave sufficient clues to listeners; and the fact that the radio station advised people to arrive at BRMB for 3pm on the day of the match (taking into account the time difference and flight time to Greece from the UK), should have alerted participants to the fact that something was amiss. GCap confirmed that 95 winners had enjoyed the day's festivities. Three individuals did complain that the true nature of the prize was not accurate and they were offered a refund for the full cost of their texts. GCap believed that the prize was described in good faith and while it regretted any misgivings the complainant may have as regards the given description of the prize, it wished to stress that at no time did it intend contemptuously to deceive its listeners. Nonetheless, they appreciate that for future 6 Ofcom Broadcast Bulletin, Issue 94 8 October 2007 competitions, it would be beneficial to give listeners more information about the prize on offer to avoid any risk of confusion. Decision We listened to the various audio links that covered the promotion of the competition between 16 and 22 May 2007. Prospective participants were asked to text their names to the special SMS text number for their chance to win, if randomly selected. The presenter repeatedly gave the impression that the prize was an opportunity “to be there with me right across to Athens”; and “this is our biggest prize so far”. The first unambiguous clue to the fact that the venue was in Athens in Birmingham, not Athens in Greece, was not given to listeners until the 22 May. This was seven days after a number of listeners had already been encouraged to enter a competition in which the true nature of the prize had not clearly been made known. The prize was, in fact, an evening in Athens (a Greek restaurant within Birmingham) with free food and drink for 50 winners (including one guest of each winner, making a total of 100 people); and the chance to watch the ‘Champions League Final’ on a big screen television. The interview with the restaurant manager was on 21 May and was so cryptic that listeners were still unclear about the actual venue. While Ofcom appreciates that the intention was to promote the competition in an engaging and entertaining way, we nevertheless concluded that it had been executed in a manner designed to obscure the true nature of the prize. The broadcaster itself acknowledges that it would have been beneficial to give listeners more information about the prize to avoid confusion. Rule 2.11, and the accompanying guidance, underline that it is essential that prizes should be described accurately and rules be clear and appropriately made known. Ofcom therefore considered that the manner in which this competition was conducted was a serious breach of the Code. Since this breach is however the first recorded by Ofcom against the licensee, we will not on this occasion take any further regulatory action. Breach of Rule 2.11 7 Ofcom Broadcast Bulletin, Issue 94 8 October 2007 Win a Car a Day in May Real Radio - Scotland (Central Scotland), 29 May 2007, 15:12 Introduction A competition prize of a car was placed at a location in Scotland. Listeners were invited to establish where it was, from aired clues, and to text the station with the car’s location and registration number by premium rate short message service (SMS), charged at 25p. The first correct text received by Real Radio won the car.