Ofcom Broadcast Bulletin Issue number 284 27 July 2015 1 Ofcom Broadcast Bulletin, Issue 284 27 July 2015 Contents Introduction 4 Standards cases In Breach Today NTV Mir Lithuania, 28 and 30 January 2015, 18:00 6 Subh-e-Pakistan Geo TV, 29 December 2014, 10:00 25 Family Guy TV6 (Sweden), 3 April 2015, 19:30 30 49 Days Phoenix Chinese News and Entertainment, 12 May 2015, 20:30 36 Resolved Drivetime Corby Radio, 13 April 2015, 15:00 38 Not in Breach Top Gear BBC 2, 2 February 2014, 20:30 41 Advertising Scheduling cases In Breach Breach findings table Code on the Scheduling of Television Advertising compliance reports. 51 Broadcast Licence Conditions cases In Breach Providing a service in accordance with ‘Key Commitments’ Penistone FM, 12 to 14 March 2015 52 Fairness and Privacy cases Not Upheld Complaint by Mrs B and Mr C Countdown to Murder: Killer Schoolgirl, Channel 5, 3 September 2014 55 2 Ofcom Broadcast Bulletin, Issue 284 27 July 2015 Complaint by Miss R 24 Hours in Police Custody, Channel 4, 6 October 2014 62 Complaint by Mr S 24 Hours in Police Custody, Channel 4, 6 October 2014 72 Complaint by Ms D Muggings and Mayhem: Caught on Camera, Channel 5, 20 November 2014 85 Complaint by Ms T Muggings and Mayhem: Caught on Camera, Channel 5 20 November 2014 94 Investigations Not in Breach 107 Complaints Assessed, Not Investigated 108 Complaints outside of remit 116 Investigations List 118 3 Ofcom Broadcast Bulletin, Issue 284 27 July 2015 Introduction Under the Communications Act 2003 (“the Act”), Ofcom has a duty to set standards for broadcast 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. Ofcom also has a duty to secure that every provider of a notifiable On Demand Programme Services (“ODPS”) complies with certain standards requirements as set out in the Act2. The Broadcast Bulletin reports on the outcome of investigations into alleged breaches of those Ofcom codes below, as well as licence conditions with which broadcasters regulated by Ofcom are required to comply. We also report on the outcome of ODPS sanctions referrals made by ATVOD and the ASA on the basis of their rules and guidance for ODPS. These Codes, rules and guidance documents include: a) Ofcom’s Broadcasting Code (“the Code”). b) the Code on the Scheduling of Television Advertising (“COSTA”) which contains rules on how much advertising and teleshopping may be scheduled in programmes, how many breaks are allowed and when they may be taken. 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 retains regulatory responsibility. These include: the prohibition on ‘political’ advertising; sponsorship and product placement on television (see Rules 9.13, 9.16 and 9.17 of the Code) and all commercial communications in radio programming (see Rules 10.6 to 10.8 of the Code); ‘participation TV’ advertising. This includes long-form advertising predicated on premium rate telephone services – most notably chat (including ‘adult’ chat), ‘psychic’ readings and dedicated quiz TV (Call TV quiz services). Ofcom is also responsible for regulating gambling, dating and ‘message board’ material where these are broadcast as advertising3. d) other licence conditions which broadcasters must comply with, such as requirements to pay fees and submit information which enables Ofcom to carry out its statutory duties. Further information can be found on Ofcom’s website for television and radio licences. e) rules and guidance for both editorial content and advertising content on ODPS. Ofcom considers sanctions in relation to ODPS on referral by the Authority for Television On-Demand (“ATVOD”) or the Advertising Standards Authority (“ASA”), co-regulators of ODPS for editorial content and advertising respectively, or may do so as a concurrent regulator. Other codes and requirements may also apply to broadcasters and ODPS, depending on their circumstances. These include the Code on Television Access Services (which sets out how much subtitling, signing and audio description relevant 1 The relevant legislation is set out in detail in Annex 1 of the Code. 2 The relevant legislation can be found at Part 4A of the Act. 3 BCAP and ASA continue to regulate conventional teleshopping content and spot advertising for these types of services where it is permitted. Ofcom remains responsible for statutory sanctions in all advertising cases. 4 Ofcom Broadcast Bulletin, Issue 284 27 July 2015 licensees must provide), the Code on Electronic Programme Guides, the Code on Listed Events, and the Cross Promotion Code. It is Ofcom’s policy to describe fully the content in television, radio and on demand content. Some of the language and descriptions used in Ofcom’s Broadcast Bulletin may therefore cause offence. 5 Ofcom Broadcast Bulletin, Issue 284 27 July 2015 Standards cases In Breach Today NTV Mir Lithuania, 28 and 30 January 2015, 18:00 Introduction NTV Mir Lithuania is a television channel broadcasting to the Russian-speaking community in Lithuania. Today is a daily news programme of approximately 45 minutes in duration. The licence for NTV Mir Lithuania is held by Baltic Media Alliance Limited (“BMAL” or “the Licensee”). A complainant alerted Ofcom to programmes broadcast on 28 and 30 January 2015, which the complainant considered were not duly impartial in relation to discussion of various news stories dealing with Ukraine. Ofcom obtained independent translations of the programmes from the original Russian to English. We noted that these news programmes were each approximately 40 minutes long and reported on various news stories from around the world, but in particular focused on Russia and the situation in Ukraine. After assessment, Ofcom had concerns about two news items relating to Ukraine, one in the programme broadcast on 28 January 2015 and the other in the programme broadcast on 30 January 2015. 28 January 2015 This news item reported on the Ukrainian Government’s policy on conscription to the Ukrainian armed forces. The reporter focused on allegations that the Ukrainian Parliament had legislated to give “additional powers to Commanders to use special means and even weapons against those who would not obey orders”. This was followed by the Deputy Defence Minister of the Donetsk People’s Republic1, Eduard Basurin, alleging that the Ukrainian army had used “anti-retreat troops” against its own forces. Reporter: “Today, the internet had spread the [Ukrainian Government] order, which prohibits disclosure of data on the real losses in the Ukrainian army during its operations. This document was published by a hacker group called ‘CiberBerkut’. According to the hackers themselves, this order was obtained from the computer of the Chief Military Prosecutor of the Ukraine, as well as the list of the deserters who had left the locations of their military units and a secret telegram addressed to the Military Commander of the National Guard in relation to criminal acts committed by the military. Apparently, taking into account this data, the Verhovna Rada [the Ukrainian Parliament] had already registered a bill under number 1762 giving additional powers to Commanders to use special means and even weapons against those who would not obey orders. For example, the day before, representatives of the 1 The Donetsk People’s Republic (or “DPR”) is the self-proclaimed political entity seeking to wrest control of the region of Donetsk in south-eastern Ukraine from Ukrainian Government control. 6 Ofcom Broadcast Bulletin, Issue 284 27 July 2015 Military headquarters of the DPR stated that they had already heard about the use of barrier troops by the Ukrainian army”. Eduard Basurin: “An injured military officer from the 128 special infantry brigade had surrendered to our units. During an interview he told us about the facts regarding the use of anti-retreat troops from the battalions of the Territorial defence against the Ukrainian military servicemen. As the result of the shooting opened directly on the Ukrainian military servicemen from the positions of the National Guard, more than 20 people died instantly and several dozens were injured”. The reporter also said the following: “Here is the Order of the Military Commissar for Belgorod-Dnestrovskiy of the Odessa region. According to the Order, all military reservists who had not received notifications are prohibited from leaving the region. Apart from this, local businesses are obliged to give all their working equipment to the disposal of the Military Enlistment Office. The order was in effect for 11 days. However, it was subsequently annulled due to the local public outcry…The best method to avoid conscription, in the opinion of those who refuse, is to leave the country and go abroad”. 30 January 2015 This programme featured a report about shelling of the city of Donetsk by Ukrainian military forces. In introducing this item, the two newsreaders said: Newsreader 1: “Fifteen peaceful civilians died as the result of today’s shelling of Donetsk. The shells exploded outside a trolleybus stop and the House of Culture when humanitarian aid was being distributed. Dozens of people were injured”. Newsreader 2: “There is a tense situation today in the area of Debaltsevo, where heavy fighting between insurgents and the Ukrainian military has sparked new action. Mikhail Fedotov is joining us from Donetsk. Misha, is the city still under fire?” The report itself first featured the correspondent in Donetsk reporting on the situation in the city, followed by a statement from a resident of Donetsk: Reporter: “Colleagues, yes. They are still firing and I would like to demonstrate the extent of those atrocities – and I won’t hesitate to use this word – the atrocities, which are being committed by the Ukrainian military.