Issue 367 of Ofcom’s Broadcast and On Demand Bulletin 3 December 2018 Issue number 367 3 December 2018 1 Issue 367 of Ofcom’s Broadcast and On Demand Bulletin 3 December 2018 Contents Introduction 3 Broadcast Standards cases In Breach Steve Allen LBC 97.3FM, 1 October 2018, 04:00 6 Dog and Beth: On the Hunt CBS Reality+1, 16 August 2018, 05:40 11 Lunch with Lewi 883 Centreforce, 30 August 2018, 12:00 14 Programming Tudno FM, 21 August 2018, 14:08 17 Steg G in the Morning Sunny Govan Radio, 17, 20 and 25 September 2018, various times 20 Peter Popoff Ministries BEN TV, 28 January 2018, 22:00 23 Roast Battle Week (trailer) Comedy Central Extra +1, 14 September 2018, 18:25 29 Ferne McCann: First Time Mum ITVBe, 9 May 2018, 21:00 35 Broadcast Licence Conditions cases In Breach Provision of information: Diversity in Broadcasting ATN Bangla UK Limited 40 Broadcast Fairness and Privacy cases Upheld Complaint by Ms Y, made on her own behalf and on behalf of her daughter (a minor) Can’t Pay? We’ll Take It Away!, Channel 5, 9 October 2016 41 Complaint by Mrs R on her own behalf and on behalf of her two children (minors) Can’t Pay? We’ll Take It Away!, Channel 5, 3 May 2017 78 2 Issue 367 of Ofcom’s Broadcast and On Demand Bulletin 3 December 2018 Tables of cases Investigations Not in Breach 116 Complaints assessed, not investigated 117 Complaints outside of remit 127 BBC First 129 Investigations List 131 3 Issue 367 of Ofcom’s Broadcast and On Demand Bulletin 3 December 2018 Introduction Under the Communications Act 2003 (“the Act”), Ofcom has a duty to set standards for broadcast content to secure the standards objectives1. Ofcom also has a duty to ensure that On Demand Programme Services (“ODPS”) comply with certain standards requirements set out in the Act2. Ofcom reflects these requirements in its codes and rules. The Broadcast and On Demand Bulletin reports on the outcome of Ofcom’s investigations into alleged breaches of its codes and rules, as well as conditions with which broadcasters licensed by Ofcom are required to comply. The codes and rules include: a) Ofcom’s Broadcasting Code (“the Code”) for content broadcast on television and radio services licensed by Ofcom, and for content on the BBC’s licence fee funded television, radio and on demand services. b) the Code on the Scheduling of Television Advertising (“COSTA”), containing rules on how much advertising and teleshopping may be scheduled on commercial television, how many breaks are allowed and when they may be taken. c) certain sections of the BCAP Code: the UK Code of Broadcast Advertising, for which Ofcom retains regulatory responsibility for television and radio services. These include: • the prohibition on ‘political’ advertising; • ‘participation TV’ advertising, e.g. long-form advertising predicated on premium rate telephone services – notably chat (including ‘adult’ chat), ‘psychic’ readings and dedicated quiz TV (Call TV quiz services); and • gambling, dating and ‘message board’ material where these are broadcast as advertising3. d) other conditions with which Ofcom licensed services must comply, such as requirements to pay fees and submit information required for Ofcom to carry out its statutory duties. Further information can be found on Ofcom’s website for television and radio licences. e) Ofcom’s Statutory Rules and Non-Binding Guidance for Providers of On-Demand Programme Services for editorial content on ODPS (apart from BBC ODPS). Ofcom considers sanctions for advertising content on ODPS referred to it by the Advertising Standards Authority (“ASA”), the co-regulator of ODPS for advertising, or may do so as a concurrent regulator. Other codes and requirements may also apply to broadcasters, depending on their circumstances. These include the requirements in the BBC Agreement, 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. 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 Issue 367 of Ofcom’s Broadcast and On Demand Bulletin 3 December 2018 It is Ofcom’s policy to describe fully television, radio and on demand content. Some of the language and descriptions used in Ofcom’s Broadcast and On Demand Bulletin may therefore cause offence. 5 Issue 367 of Ofcom’s Broadcast and On Demand Bulletin 3 December 2018 Broadcast Standards cases In Breach Steve Allen1 LBC 97.3FM, 1 October 2018, 04:00 Introduction Steve Allen presents the early weekday morning breakfast show between 04:00 and 07:00 on the speech-based radio station LBC 97.3FM. The licence for the service is held by LBC Radio Limited (“LBC Radio” or “the Licensee”). A listener complained that presenter Steve Allen made discriminatory comments about blind people during this programme. During the programme, Mr Allen, commented on an article in The Times newspaper2, which reported on a blind man who is scared of dogs and intends to use a guide horse rather than a guide dog. Mr Allen said: “Also, the guide horse for the blind man who’s afraid of dogs. Well if he’s blind, tell him it’s a rabbit or something. I’ve never heard of anything so stupid. This is the blind man scared of dogs hoping that a horse will guide him on his commute. Where are you going to take that for goodness sake? You can’t take it on the train, can you? This is a – he’s a BBC journalist. What do you mean he’s allergic to dogs? Well don’t give him a dog then. Not every blind person gets a dog. To give him a horse is quite ludicrous. He’s afraid of dogs. Why? Why’s he afraid of dogs? Well don’t give him – don’t give him anything at all then. Just give him a white stick. I’ve never seen anything so stu – what’s he going to do, take it into work with him or something? A BBC journalist. I remember once the BBC took on a blind cameraman. Well I was sort of thinking to myself how does that work out? He’s a blind – somebody’s going to have to say to him ‘little bit to the right, little bit to the left, little bit, oh, up, oh no missed it completely’. It just doesn’t work. I can understand people going ‘oh I want to be treated the same’, but I mean, you know, a joke’s a joke I think”. We considered that this content raised potential issues under the following Code rule: Rule 2.3: “In applying generally accepted standards broadcasters must ensure that material which may cause offence is justified by the context…Such material may include, but is not limited to…discriminatory treatment or language (for example on the grounds of…disability…)”. 1 This Decision, when published on 3 December 2018, included a reference to the Royal National Institute for Blind People (“RNIB”) made by the Licensee in their representations to Ofcom and to which the RNIB objected on grounds of inaccuracy. At the RNIB’s request, and with the Licensee’s agreement, this reference has been removed as of 14 January 2019. 2 See “Guide horse for blind man afraid of dogs”, The Times, 1 October 2018. The article said that a “miniature horse…who is almost [3 feet] high…” was being trained to be “Britain’s first guide horse”. 6 Issue 367 of Ofcom’s Broadcast and On Demand Bulletin 3 December 2018 We therefore asked the Licensee for comments on how the programme complied with this rule. Response The Licensee said that the programme is “centred around [Steve Allen’s] unique and acerbic take on the news of the day”. It added that “He provides fast-moving opinions on the headlines and rarely dwells on one topic for any significant amount of time…his very brief commentary on the story…had a total duration of less than a minute…”. LBC Radio also said that Steve Allen was “expressing genuine surprise at the story [in the Times], and rhetorically questioned the practicality of using a guide horse for assistance within an office space or on public transport”. It said he “put across the valid point that not all blind people receive the aid of a guide dog [and he] was not aware that a similar [guide horse] scheme already exists in the United States”. The Licensee said Steve Allen “…is aware that his comments may have had the capacity to offend”. However, it added that “his intention was not to treat the blind community with insensitivity… and [he] has agreed to treat such discussions with more consideration moving forward”. In conclusion, LBC Radio outlined the following improvements to its compliance processes for the Steve Allen programme, as a result of this case: • the presenter and producers had received “specialised compliance training, with an emphasis on sensitivity around material relating to minority communities protected under the Equality Act”; • an additional producer is to be assigned to the show “with specific responsibility for compliance and control of the ‘dump button’”; and • the Licensee’s compliance team would carry out additional sampling and monitoring of the programme and regularly review the results with the presenter and producers.