Issue 346 of Ofcom’s Broadcast and On Demand Bulletin 22 January 2018 Issue number 346 22 January 2018 Issue 346 of Ofcom’s Broadcast and On Demand Bulletin 22 January 2018 Contents Introduction 3 Broadcast Standards cases In Breach OMG: Painted, Pierced and Proud Channel 5, 2 July 2017, 22:05 5 Vanessa Carter Harbour Radio 107.4, 31 August 2017, 12:00 19 Journey To Al-Aqsa 2017 NTV, 27 September 2017, 22:30 24 Not in Breach The X Factor ITV, 21 October 2017, 20:20 32 Broadcast Fairness and Privacy cases Not Upheld Complaint by Mr Eliot Higgins RT News, RT, 28 September 2016 35 Complaint by PJW Law on behalf of Mr Ian Peermamode Police Interceptors, Spike, 27 July 2017 54 Tables of cases Investigations Not in Breach 62 Complaints assessed, not investigated 63 Complaints outside of remit 71 BBC First 73 Investigations List 74 Issue 346 of Ofcom’s Broadcast and On Demand Bulletin 22 January 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 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. 3 Issue 346 of Ofcom’s Broadcast and On Demand Bulletin 22 January 2018 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 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. 4 Issue 346 of Ofcom’s Broadcast and On Demand Bulletin 22 January 2018 Standards Findings In Breach OMG: Painted, Pierced and Proud Channel 5, 2 July 2017, 22:05 Introduction OMG: Painted, Pierced and Proud was an observational documentary broadcast on Channel 5. It featured people who have undertaken extreme body modifications in the name of body art. Ofcom received a complaint about the part of the programme involving a contributor called Torz, who had deliberately cut off part of one of her fingers. The following warning was broadcast at the start of the programme: “Be prepared for highly offensive language and extremely graphic scenes of surgery and other procedures which may distress some viewers right from the very start and throughout”. Interspersed with short clips of some of the people featured in the programme, the programme’s narrator said: “An epidemic is sweeping the nation…Meet the men and women going to the extreme…To disfigure their bodies…Hooked on the ink…addicted to the knife…and going for the…self-expression of self-mutilation… One thing’s for certain…there’s no going back…With a tattoo or piercing parlour on every High Street, Britain has embraced body art. But some have taken it to the extreme and it’s become an obsession”. Torz was the first person the programme focused on. She said: “I’ve always kind of identified as a bit of a freak. Cause I’m a freak. Proud of it”. Shortly afterwards, Torz described how she amputated part of her little finger: “It was just like a normal day, except I chopped my finger off between dinner and bedtime ha ha…To begin with, I set everything up, I had a mat on the floor and everything, just in case there was a lot of blood, and then, I used this bit of ribbon to just do a little tourniquet. After that, got my trusty bolt cutters. I just sat down, I had them, like this, and it took a little while before I could work up the courage. And then I had that fuck it moment. And then just… crunch, that horrible crunch”. As she said this, Torz reconstructed how she had cut off her finger by placing it between the blades of a bolt cutter. Narrator: “Despite the trauma to her body, Torz controlled the blood loss and didn’t contract a serious infection”. 5 Issue 346 of Ofcom’s Broadcast and On Demand Bulletin 22 January 2018 The programme also included the following statements made by Torz and her father, Rich, about her decision to cut off her finger: Torz “It’s just cute as fuck! Like isn’t this cute! I think it’s cute. And that’s all that matters really”. **** Torz: “I’ve wanted like half my finger chopped off for about ten years”. **** Torz: “Yeah but you’re like super chill about all that [Torz’s body modifications]”. Rich: “Yeah well the thing is you can’t impose your own will on children. You know it’s, I want you to be like this, or I want you to be a doctor or like this, it’s like no, let them get on and do what they want; up to a point obviously”. **** Rich: “The thing is I might not understand it all but I’m really proud of you being an individual, I mean I’d hate for you to be a bit vanilla and boring and normal if you like. Chip off the old block really”. **** Torz: “When I realised how easily accessible this stuff [body modifications] was I just went for it”. Narrator: “And there was no stopping her, even when modification turned to mutilation”. Torz: “I really appreciate how much you support everything I do. I really do, it’s really rare. But how did you feel when I took it up a notch?” Rich: “I didn’t think you were full of shit, I thought oh you’ll probably do it, but I thought yeah she probably won’t do it and then you done it”. Narrator: “Accepting that she’d amputated her finger is one thing, but how will dad stomach seeing it in black and white”. The programme then showed Torz and her father watching home-video footage of the amputation on a mobile phone. The video was also shown full screen during this sequence. It showed Torz, in her home, kneeling with her finger between the jaws of a pair of bolt cutters. Torz’s finger was blurred out and the precise moment that she cut off her finger was not shown. However, the immediate aftermath of the amputation was shown, with Torz holding her severed finger and with small amounts of blood on a sheet Torz had laid down: Torz (on video): “And I done it”. Rich: “Ah mate”. 6 Issue 346 of Ofcom’s Broadcast and On Demand Bulletin 22 January 2018 Torz (on video): “‘Cos I fucking do everything I say I’m gonna do”. **** Torz (on video): “That was so much fun let’s do it again!” Torz: “Let’s do it again! Ha ha! I’m not doing it again, that was it Dad I promise” Rich: “You better not” Torz (on video): “Fuck yes!” Rich: “I’m hoping that’s the most extreme thing you’re gonna fucking do to be honest”. **** Narrator: “Until now, Rich has been incredibly relaxed about her extreme body mods, even her decision to sever her finger…but there is one thing he feels strongly about”. Rich: “There is not that many things that she can do that will sort of bother me.