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Broadcast Bulletin Issue Number 224 18/02/13

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Broadcast Bulletin Issue Number 224 18/02/13 Ofcom Broadcast Bulletin Issue number 224 18 February 2013 1 Ofcom Broadcast Bulletin, Issue 224 18 February 2013 Contents Introduction 4 Standards Cases In Breach Psychic Today Psychic Today, 6 May 2012, 23:21 Big Deal, 6 May 2012, 23:21 Fitness TV, 6 May 2012, 23:21 5 Psychic Today Psychic Today, 2 June 2012, 23:00 to 23:15 Big Deal, 2 June 2012, 23:00 to 23:15 Fitness TV, 2 June 2012, 23:00 to 23:15 13 Psychic Today Psychic Today, 20 June 2012, 22:30 to 22:45 Big Deal, 20 June 2012, 22:30 to 22:45 Fitness TV, 20 June 2012, 22:30 to 22:45 Sumo TV, 20 June 2012, 22:30 to 22:45 21 Studio 66 Nights Studio 66 TV4 (Channel 927), 10 October 2012, 21:00 to 21:30 31 Studio 66 Nights Studio 66 TV2 (Channel 938), 25 October 2012, 21:00 to 21:30 38 I Focus Channel i, 12 and 26 April 2012, 2 May 2012, various times 45 Deadly Deals Vox Africa, 10 November 2012, 16:10 54 Download Festival Sky Arts1, 24 November 2012, 23:30 57 The Charity Show (Save Maryam charity appeal) Ramadan TV, 3 August 2012, 21:00 60 Anglia Mowers’ sponsorship of Weather North Norfolk Radio, from 5 September 2011, various times 70 Resolved Live Formula One: Abu Dhabi Grand Prix BBC 1, 4 November 2012, 12:10 73 Abu Dhabi Grand Prix Sky Sports F1, 4 November 2012, 11:30 76 2 Ofcom Broadcast Bulletin, Issue 224 18 February 2013 Advertising Scheduling Cases In Breach Advertising break pattern Extreme Sports, 30 and 31 October 2012, 22:00 78 Fairness and Privacy cases Not Upheld Complaint by Mr Gary Radford Police Interceptors, Channel 5, 23 January and 3 May 2012 81 Complaint by Dr Arasaratnam Arasilango UK Border Force, Pick TV, 17 January 2012 98 Other Programmes Not in Breach 103 Complaints Assessed, Not Investigated 104 Investigations List 113 3 Ofcom Broadcast Bulletin, Issue 224 18 February 2013 Introduction Under the Communications Act 2003, 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. The Broadcast Bulletin reports on the outcome of investigations into alleged breaches of those Ofcom codes, as well as licence conditions with which broadcasters regulated by Ofcom are required to comply. These include: a) Ofcom’s Broadcasting Code (“the Code”), which, can be found at: http://stakeholders.ofcom.org.uk/broadcasting/broadcast-codes/broadcast-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. COSTA can be found at: http://stakeholders.ofcom.org.uk/broadcasting/broadcast-codes/advert-code/. 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 advertising2. The BCAP Code is at: http://www.bcap.org.uk/Advertising-Codes/Broadcast-HTML.aspx 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 on television and radio licences can be found at: http://licensing.ofcom.org.uk/tv-broadcast-licences/ and http://licensing.ofcom.org.uk/radio-broadcast-licensing/. Other codes and requirements 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://stakeholders.ofcom.org.uk/broadcasting/broadcast-codes/ It is Ofcom’s policy to describe fully the content in television and radio programmes that is subject to broadcast investigations. Some of the language and descriptions used in Ofcom’s Broadcast Bulletin may therefore cause offence. 1 The relevant legislation is set out in detail in Annex 1 of the Code. 2 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 224 18 February 2013 Standards cases In Breach Psychic Today Psychic Today, 6 May 2012, 23:21 Big Deal, 6 May 2012, 23:21 Sumo TV, 6 May 2012, 23:21 Introduction The Psychic Today service is advertising content offering psychic readings to callers. This channel is broadcast 24 hours a day on the Sky digital satellite platform (on Sky Channel 886). It consists of promotions for premium rate telephone services (“PRS”), both voice and text, by which psychic readings can be obtained, and a facility for viewers to pay for these by credit card. Callers can select to be connected to a psychic off air, or to the presenter in the studio – in which case the reading is broadcast live, subject to the psychic’s availability. The channel Psychic Today gives different names to segments of its psychic reading advertising content broadcast at various times, and the name of the programming broadcast late in the evening on 6 May 2012 was also Psychic Today. Background to the services The licence for the Psychic Today service is held by Majestic TV Limited (“Majestic TV”). Ofcom is aware that on 6 May 2012 at 23:21 Psychic Today was also broadcast on two other channels: Big Deal and Sumo TV. Big Deal is broadcast on the Digital terrestrial platform Freeview on Channel 32 and is owned and operated by the licensee Square 1 Management Limited (“Square 1”). Sumo TV broadcasts on the Sky digital satellite platform (on Sky Channel 1981) and the licence for this service is held by Sumo TV Limited (“Sumo”). Chronology of events Following a complaint to Ofcom that claims of accuracy were made for psychic readings on the Big Deal channel on 6 May 2012, on 29 May 2012 Ofcom requested a recording from Square 1 of psychic reading advertising content broadcast late in the evening on the service Big Deal on 6 May 2012. On 14 June 2012 we also requested a recording from Majestic TV of the material broadcast on the same date and at the same time from the service Psychic Today. A third party entity, Peripatos Limited (“Peripatos”), acting on behalf of both Majestic TV and Square 1, confirmed to Ofcom in an email dated 28 June 2012 that when the Psychic Today output was being broadcast on Big Deal the psychic reading advertising content on each service was “identical”. We understand that Peripatos deals with any compliance issues in relation to the Psychic TV content output on behalf of these two licensees, as well as on behalf of Sumo. 1 As of 18 February 2013, ‘Sumo TV’ broadcasting on Sky Channel 198 has been replaced with ‘The Horror Channel’. 5 Ofcom Broadcast Bulletin, Issue 224 18 February 2013 On the same day (28 June 2012) Ofcom wrote to Peripatos on behalf of Majestic TV and Square 1 asking how certain material broadcast on 6 May 2012 (see below) complied with Rules 15.5.2 and 15.5.3 of the BCAP Code. On 11 July 2012 Peripatos responded to Ofcom’s request on behalf of both Majestic TV and Square 1. On 21 August 2012 Ofcom wrote to Peripatos and asked it to confirm in general the dates and services on which, and times at which, Psychic Today content was simulcast on other services (i.e. services other than the Psychic Today channel) during the period of 6 May 2012 to 30 June 2012 inclusive. On 29 August 2012 Peripatos said in response that the Psychic Today output was also broadcast on Big Deal and Sumo TV2, but not “simulcast” on these other services because there were “differences in the audiovisual output on each”. On 30 August 2012 Ofcom wrote to Peripatos requesting that it set out in detail what the audiovisual differences were (if any) on the various services broadcasting Psychic Today content. Peripatos acknowledged Ofcom’s request and advised that it would respond in due course. On 10 September 2012 Ofcom wrote to Peripatos and asked it to confirm exactly on which services Psychic Today had been broadcast on 6 May 2012 at around 23:21. In that letter we again requested that Peripatos set out in detail what the audiovisual differences were in the Psychic Today content when broadcast on other channels. On 11 September 2012 Peripatos confirmed to Ofcom that on 6 May 2012 at around 23:21 Psychic Today content was also broadcast on Big Deal and Sumo TV. Peripatos said it would respond separately on the matter of differences in audiovisual output across the services broadcasting Psychic Today content. Ofcom sent its Preliminary View on the issues dealt with in the current case to Peripatos (acting on behalf of Majestic TV), Square 1 and Sumo on 9 October 2012.
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