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O fcom Broadcast Bulletin Issue number 148 21 December 2009 1 Ofcom Broadcast Bulletin, Issue 148 21 December 2009 Contents Introduction 4 Standards cases In Breach Appeal for Manchester Muslim Centre and Mosque NTV, 27 August 2009, 19:20 5 Appeal for Somers Town Islamic Cultural & Education Centre Bangla TV, 27 August 2009, 17:15 7 Formula 1 Brazilian Grand Prix Competition ITV1, 2 November 2008, 16:00 9 News Today Radio Faza, 25 September 2009, 09:15 11 People from Space The Unexplained, 30 October 2009, 15:00 13 Flashing images in programme content DM Digital, 22 September 2009, 12:06 and 12:17 15 Advertising minutage cases In Breach Advertising minutage Q, 30 October 2009, 22:00 17 Note to Broadcasters Guidance on Rule 9.13 19 Fairness & Privacy cases Partly Upheld Complaint by the Kennel Club made on its behalf by Schillings Pedigree Dogs Exposed, BBC1, 19 August 2008 20 Complaint by the Rhodesian Ridgeback Club of Great Britain made on its behalf by Mrs Kirsteen Maidment Pedigree Dogs Exposed, BBC1, 19 August 2008 58 2 Ofcom Broadcast Bulletin, Issue 148 21 December 2009 Complaint by Mrs Virginia Barwell Pedigree Dogs Exposed, BBC1, 19 August 2008 75 Complaint by Mr Andrew Flynn Mischief – Your Identity For Sale, BBC3, 11 September 2008 85 Complaint by Miss Autumn Bryan Mischief – Your Identity For Sale, BBC3, 11 September 2008 93 Not Upheld Complaint by the Cavalier King Charles Spaniel Club made on its behalf by Mrs Lesley Jupp Pedigree Dogs Exposed, BBC1, 19 August 2008 101 Complaint by Mr Michael Randall Pedigree Dogs Exposed, BBC1, 19 August 2008 131 Complaint by Ms Penny Mellor Panorama: A Very Dangerous Doctor, BBC1, 1 June 2009 138 Complaint by Miss Sandeep Bhardwaj London Tonight, ITV1, 3 June 2009 156 Other programmes not in breach 160 3 Ofcom Broadcast Bulletin, Issue 148 21 December 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 16 December 2009 and covers all programmes broadcast on or after 16 December 2009. The Broadcasting Code can be found at http://www.ofcom.org.uk/tv/ifi/codes/bcode/. Note: Programmes broadcast prior to 16 December 2009 are covered by the 2005 Code which came into effect on 25 July 2005 (with the exception of Rule 10.17 which came into effect on 1 July 2005). The 2005 Code can be found at http://www.ofcom.org.uk/tv/ifi/codes/bcode_2005/. 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 148 21 December 2009 Standards cases In Breach Appeal for Manchester Muslim Centre and Mosque NTV, 27 August 2009, 19:20 Introduction NTV provides a general entertainment television service in Nepali and English for the Nepalese community in the UK and other European countries. While monitoring NTV’s output, Ofcom noted that, during an extended broadcast appeal, the following text was repeatedly scrolled across the screen in a banner for over two and a quarter of the fours hours of material we monitored: “PLEASE DONATE GENEROUSLY … Supported by JALALABAD MONEY TRANSFER & CARGO LTD MANCHESTER/OLDHAM/HYDE/LOUGHBOROUGH/ LONDON; JMG CARGO SERVICES, FORDHAM STREET, LONDON; CRESENT OVERSEAS, BURNLEY; G. K.TRAVEL SERVICES LTD. JABIN MONEY TRANSFER LTD, BRADFORD; IMTINAN MONEY SERVICES, SECPTRE STREET, NEWCASTLE; AL-AMIN FINANCE (MEMBER BASED HALAL INVESTMENT) HAMILTON ROAD, MANCHESTER; KSAM TOURS 7 TRAVEL, MANCHESTER; MIZAN LEGAL SERVICES, BIRCH LANE, MANCHESTER, M13 0NW” NTV stated that the message was not a sponsorship credit, advertising or paid-for. We sought the broadcaster’s comments with regard to the following Code rules: • 10.3 – Products and services must not be promoted in programmes; and • 10.4 – No undue prominence may be given in any programme to a product or service. Response NTV said the message was shown “for the sole purpose of giving reference points to viewers of businesses they use or know of to verify the nature of service provided by the organisation in question.” The broadcaster added that it would ensure such a message was not broadcast in future. Decision Broadcasters may choose to transmit charity appeals free of charge, and generally, in such circumstances, they may briefly acknowledge by name individuals’ or organisations’ donations to a broadcast appeal, without this raising Code issues. However, broadcasters should note that the provision of such brief acknowledgements should not be a condition of making a donation, and any acknowledgements remain subject to relevant Code rules – in particular, Rule 10.4. In this case, it was unclear to Ofcom whether NTV’s reference to “the organisation in question” referred to the Manchester Muslim Centre and Mosque or the businesses that had made donations to the appeal. In any event, Ofcom was unclear how 5 Ofcom Broadcast Bulletin, Issue 148 21 December 2009 crediting the donations of the specific businesses verified the nature of the service(s) provided by either. In Ofcom’s view, there appeared to be no editorial justification for screening donation credits repeatedly in a ‘loop’ for well over two and a quarter hours during the four hour period that we monitored. The organisations listed in these credits were therefore given undue prominence, in breach of Rule 10.4 of the Code. In addition, there appeared to be no editorial justification for screening either full or partial postal addresses of the organisations concerned, which merely promoted them in the programme, in breach of Rule 10.3 of the Code. Ofcom therefore welcomed NTV’s assurance that it would not broadcast similar messages in future. However, we noted that the broadcaster had previously been found in breach of Rule 10.4 of the Code, as recorded in Broadcast Bulletin 138 on 20 July 20091. In light of the repeated breach recorded in this Finding, Ofcom is putting the broadcaster on notice that it has serious concerns about NTV’s compliance procedures. Breach of Rules 10.3 and 10.4 1 Finding available at: http://www.ofcom.org.uk/tv/obb/prog_cb/obb138/Issue138.pdf. 6 Ofcom Broadcast Bulletin, Issue 148 21 December 2009 In Breach Appeal for Somers Town Islamic Cultural & Education Centre Bangla TV, 27 August 2009, 17:15 Introduction Bangla TV provides a general family entertainment television service – principally in Bangla and occasionally in English – for the Bengali community in the UK. While monitoring Bangla TV’s output, Ofcom noted that during an extended broadcast appeal, the following text was repeatedly scrolled across the screen, in a banner, throughout over two and a quarter of the three and three-quarter hours of material we monitored. “PLEASE DONATE … Sponsor By : ** Aid & Care Trust (Moulana A . Malik – 07904278050), ** Seasons Weedings & Management (0208 478 8877), *** Al – Qibla Hajj Service (0207 247 2272), ***Euston Station Car (0207 388 9494), ***High Way Assist (0208 985 3681), ***” Later in the appeal, the following text was also added to the message: “***Al Safa hajj Group (0208 555 5526, 07949 295667) ********” and “Loyla Urgent Poor Help ***” Bangla TV stated that the message was not a programme sponsorship credit, advertising or paid-for. We sought the broadcaster’s comments with regard to the following Code rules: • 10.3 – Products and services must not be promoted in programmes; and • 10.4 – No undue prominence may be given in any programme to a product or service. Response The broadcaster said that, prior to the broadcast of the extended appeal programme, Somers Town Islamic Cultural & Education Centre (“the Centre”) had taken out an advertising campaign on Bangla TV. The Centre had sought donations off-air to pay for these advertisements the charity had broadcast on the channel. Subsequently, and separately from these advertisements, Bangla TV broadcast the extended charity appeal for the Centre, free of charge. During this appeal, a scroll displayed references to the businesses that had made donations to fund the previously broadcast advertisements [referred to in the scroll as sponsors]. Bangla TV confirmed that the donors’ funding of advertising for the Centre was not a pre-condition of being featured in the broadcast appeal programme on the channel. 7 Ofcom Broadcast Bulletin, Issue 148 21 December 2009 Further, it confirmed that the references in the scroll it had broadcast were not subject to any agreement between Bangla TV and the businesses concerned. Decision Broadcasters may choose to transmit charity appeals free of charge, and generally, in such circumstances, they may briefly acknowledge by name individuals’ or organisations’ donations to a broadcast appeal, without this raising Code issues.
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