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O fcom Broadcast Bulletin Issue number 139 3 August 2009 1 Ofcom Broadcast Bulletin, Issue 139 3 August 2009 Contents Introduction 3 Standards cases In Breach Comment & The Real Deal Press TV, January 2009, Various dates and times 5 Radio Asian Fever Coverage of the European Elections, 10 May 2009, 18:00 15 CricketAM Sky Sports 1, 2 August 2008, 09:00 SoccerAM Sky Sports 1 and Sky One, 13 December 2008 and 3 January 2009, 09:00 18 Free-to-view promotion for Playboy TV ‘Adult Previews’ channel, Virgin Media, 5 May 2009, 22:00 26 Stonecold TV My Channel, 20 May 2009, 18:30 28 Resolved Snoop Dogg’s Fatherhood 4 Music, 20 April 2009, 19:00 30 Trailer for ‘Black’ 9X, 8 June 2009, approximately 09:50 32 Not in Breach It Pays to Watch Five, 15 October 2008, 17:30 33 Fairness & Privacy cases Not Upheld Complaint by The Viscount Monckton of Brenchley Earth: The Climate Wars, BBC2, 14 September 2008 36 Complaint by Professor Timothy Ball Earth: The Climate Wars, BBC2, 14 September 2008 46 2 Ofcom Broadcast Bulletin, Issue 139 3 August 2009 Complaint by the community of Middlesbrough and by Middlesbrough Council made on their behalf by the Mayor of Middlesbrough, Mr Ray Mallon Location, Location, Location: Best and Worst Live, Channel 4, 17 October 2007 56 Complaint by Booker Limited Mischief: Britain’s Really Disgusting Foods, BBC3, 14 August 2008 72 Complaint by Mr Terry Barnes Bobski the Builder, Channel 4, 16 October 2008 89 Complaint by Mr Billy Johnston Road Wars, Sky One, 16 June 2008 and Sky Two, 17 June 2008 98 Complaint by Mr Jason Smith made on his behalf by Mr Trevor Jones The Ferret, ITV Wales, 19 November 2008 105 Other programmes not in breach/resolved 112 3 Ofcom Broadcast Bulletin, Issue 139 3 August 2009 Introduction The Broadcast Bulletin reports on the outcome of investigations into alleged breaches of those Ofcom codes which broadcasting licensees are required to comply. These include: a) Ofcom’s Broadcasting Code (“the Code”) which 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/ b) the Code on the Scheduling of Television Advertising (“COSTA”) which came into effect on 1 September 2008 and contains rules on how much advertising and teleshopping may be scheduled in programmes, how many breaks are allowed and when they may be taken. COSTA can be found at http://www.ofcom.org.uk/tv/ifi/codes/code_adv/tacode.pdf. c) other codes and requirements that may also apply to broadcasters, depending on their circumstances. These include the Code on Television Access Services (which sets out how much subtitling, signing and audio description relevant licensees must provide), the Code on Electronic Programme Guides, the Code on Listed Events, and the Cross Promotion Code. Links to all these codes can be found at http://www.ofcom.org.uk/tv/ifi/codes/ 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). It is Ofcom policy to state the full language used on air by broadcasters who are the subject of a complaint where it is relevant to the case. Some of the language used in Ofcom Broadcast Bulletins may therefore cause offence. 4 Ofcom Broadcast Bulletin, Issue 139 3 August 2009 Standards cases In Breach Comment & The Real Deal Press TV, January 2009, Various dates and times Introduction Press TV is an Iranian international news network, which broadcasts in English. Press TV have explained to Ofcom that it receives funding from advertising revenue; Iranian tax-payers; sales from services provided in respect of the technical and engineering industry; and sales from its archives. The Respect Party MP, George Galloway, presents two sixty minute long programmes on the channel: • Comment, a weekly phone-in programme, starting at 20:30, in which viewers can contribute by telephone, email and SMS text on issues of interest in the news; and • The Real Deal, a weekly current affairs programme, starting at 19:00 that includes interviews in the studio and by telephone. During January 2009, whilst the Israeli armed forces were present in the Gaza strip, Ofcom received four complaints from viewers about three programmes: • Comment broadcast on 8 January 2009 (“the 8 January Comment”); • Comment broadcast on 15 January 2009 (“the 15 January Comment”); and • The Real Deal broadcast on 18 January 2009 (“the 18 January Real Deal”). Complainants considered that these programmes were biased against Israel, when dealing with the issue of the Israeli military presence in Gaza. During its investigation, Ofcom also viewed and had concerns about a fourth programme, an edition of Comment broadcast on 23 January 2009 (“the 23 January Comment”). These three editions of Comment were exclusively devoted to the subject of Gaza. During these programmes, George Galloway interacted with the audience in two ways: he answered telephone calls live; and he read out and commented on emails and SMS texts received from viewers, which were displayed on a Comment Wall in the studio. The emails and texts from viewers also appeared on rolling graphics that were shown on screen during the programmes. The 18 January Real Deal was a current affairs programme, which, in addition to the issue of Gaza, dealt with a number of subjects, but principally: the gas dispute between Russia and the Ukraine; and the proposed new runway at Heathrow airport. The editorial approach taken by the programme was indicated by George Galloway, in his introduction to the programme, when he said: “Bringing you the news and views you just won’t find in the corporate media”. In the section of the programme that discussed Gaza George Galloway conducted a live studio interview with the Palestinian author, Ahmed Masoud. In addition, there was a telephone contribution from the American investigative reporter, Jeff Steinberg, 5 Ofcom Broadcast Bulletin, Issue 139 3 August 2009 who gave his perspective on alleged US involvement in Israeli Government policy towards Gaza. Complainants considered that these four programmes (“the Programmes”), variously: failed to put both sides of the argument in relation to the situation in Gaza; constituted Iranian propaganda; and that George Galloway in particular did not conduct a balanced discussion on the issue of Gaza. Ofcom wrote to Press TV, concerning the Programmes, asking for its comments under Rules 5.11 and 5.12: • Rule 5.11 – Due impartiality must be preserved on matters of major political and industrial controversy and major matters relating to current public policy by the person making the service in each programme or in clearly linked and timely programmes. • Rule 5.12 – In dealing with matters of major political and industrial controversy and major matters relating to current public policy an appropriately wide range of significant views must be included and given due weight in each programme or in clearly linked and timely programmes. Views and facts must not be misrepresented. Response Press TV maintained that all the Programmes complied with the rules on impartiality in Section 5 of the Code, and it highlighted how it had included sufficient alternative views within the Programmes. Examples are set out below. Comment Comment is a “phone-in” programme, and according to Press TV “it allows absolutely anyone to openly express their views and opinion” by telephone, email or SMS text. George Galloway encouraged viewers of all opinions to contribute to these programmes. For example, during the 15 January Comment he said: “We want to see your name up here in lights, whether you agree with us or not.” The broadcaster added that Comment should be regarded as a series of clearly linked and timely programmes “as it covers so many subjects, but many issues are debated repeatedly, which gives viewers a number of chances to respond”. In particular, Press TV maintained that Comment is a “personal view” programme, where the identity of the presenter was of paramount importance. In the broadcaster’s opinion, the audience is made aware that Comment is “a programme of opinion”. In addition, Comment is an hour-long programme “which gives plenty of time for anyone to contribute”. Further, viewers are able to leave telephone voice messages at any time, in between weekly editions of Comment, so as to express their opinions to the programme. Concerning the various statements made by George Galloway against Israeli policy and its activities in Gaza, Press TV made the following points: • George Galloway was expressing his opinion and many people agreed with him. For example, if viewers disagreed with George Galloway’s stated view that Israel 6 Ofcom Broadcast Bulletin, Issue 139 3 August 2009 had committed “war crimes”, Press TV said that “we allow people to contribute to the show who believe that Israel has not committed a war crime. However, the number of people who believe the latter is only a small percentage, and therefore the contributions to the show reflect that”; • similarly, George Galloway expressed his view that Israel was guilty of: “murder[ing] United Nations employees”, based on news reports that Israeli airstrikes had caused the deaths of two UN agency employees. Press TV said this had resulted in the suspension of food delivery operations by that agency in Gaza. The broadcaster added that the use of the word “murder” in this case was in the context that Israel had been aware of the UN agency operating in Gaza “yet [Israel’s] forces attack the same specified location, not on one occasion, but on several occasions, and ends up killing UN personnel, [which] is an act of murder”.