Programme complaints bulletin

Standards & Fairness and Privacy

Issue number 24 13 December 2004

Ofcom programme complaints bulletin 24 13 December 2004

Contents

Introduction 2

Standards cases

In Breach 3

Resolved 5

Fairness and privacy complaints

Upheld 7

Not upheld 7

Other Complaints Not in Breach/Out of remit 8

1 Ofcom programme complaints bulletin 24 13 December 2004 Introduction

The Communications Act allows for the Codes of the legacy regulators to remain in force until such time as Ofcom has developed its own Codes. Ofcom has consulted on its new draft Code.

The new Code will be published in 2005.

The Codes currently in force for programming are:

• Advertising and Sponsorship Code (Radio Authority) • News & Current Affairs Code and Programme Code (Radio Authority) • Code on Standards (Broadcasting Standards Commission) • Code on Fairness and Privacy (Broadcasting Standards Commission) • Programme Code (Independent Television Commission) • Programme Sponsorship Code (Independent Television Commission)

Copies of the full adjudications for Upheld and Not Upheld Fairness and Privacy cases can be found on the Ofcom website: www.ofcom.org.uk

2 Ofcom programme complaints bulletin 24 13 December 2004

Standards cases

In Breach

Blinded by the Lights - The Streets

The Box, 6 October 2004, 20:55 and 8 October 2004, 23:00 Q, 31 October 2004, 16:25 and 18:50

Introduction

The Box and Q are dedicated music channels owned by Emap Performance TV.

Five viewers complained that the pre watershed scheduling of this video was inappropriate as it contained strong language (“fuck”, “cunt”), excessive violence, graphic depictions of drug taking and sexual imagery. Another viewer believed the content was unsuitable for broadcast at any time.

Response

Emap said that it was aware that the video was broadcast at 20:55 on The Box and it had taken immediate action. Emap’s scheduling system was programmed to play the video well after the 9pm watershed. Unfortunately, due to a software error, the video played much closer to the watershed than planned. Immediately after the broadcast, their Presentation Team (who monitors the channels around the clock) removed the video and reset it to be played after 22:00.

Regarding the broadcasts on Q, Emap said that there was no intention to broadcast the video at the time of day and the incident had been treated with the utmost seriousness. Again, the error was a result of a software error. Rectifying the fault was of paramount importance and Emap’s technical team and suppliers were revising the software to prevent the error re-occurring.

Emap stated that the video itself was one of the most controversial it had broadcast in recent years. Since the incidents, it had been removed completely from all play lists and from content storage facilities. Emap had also implemented new working practices to cover post-watershed material including, amongst other things, moving its own watershed from 21:00 to 22:00.

Emap extended its sincere apologies to all viewers who had been caused offence or concern by the video.

Decision

As Emap accept, broadcasting the video before the 9pm watershed was a clear breach of the Programme Code. It contained frequent, strong swearing, together with graphic violence, images of drug taking and sexual activity. As such, it is only suitable for broadcast well after the watershed.

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We understand that the pre-watershed broadcasts of the video were transmitted in error and welcomed the comprehensive remedial steps, including moving its own watershed, taken by Emap to prevent similar problems. However in view of the strength of the video and the repeated broadcasts pre 9pm, we found it in breach of the Programme Code.

The video was in breach of Section 1.2 of the Programme Code (Family Viewing and the Watershed)

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Resolved cases

Scrapheap Challenge Channel 4, various dates, 18:30

Introduction

Scrapheap Challenge involves two teams competing to build an object out of material found in a scrapyard. This series was sponsored by the Nissan Navara car. The sponsorship credits featured a group of animated characters working on the car. One credit featured a character accidentally setting himself alight with a blowtorch.

17 viewers complained that the image was disturbing and inappropriate for broadcast around a programme that attracted a family audience. A number of these were watching with young children who had been upset by the credit.

Response

Channel 4 said that it and Nissan were surprised that the credit attracted complaints at all from adults or children. The series of credits was intended to be endearing and humorous when, in each scenario, the characters came off worse against the car. Channel 4 said Scrapheap Challenge attracted an audience of approximately 2 million and it did not consider the credits, including the one complained of, could realistically be in breach of the Code’s rules on material likely to cause distress.

Channel 4 said that as Scrapheap Challenge was broadcast between 18:30-19:30, it was unlikely that children would be watching television unaccompanied by an adult. In any event, the animated characters were clearly divorced from reality. Such an obviously fictional and humorous credit could not really be deemed to cause distress to younger viewers, especially if compared to some of the more ‘violent’ scenes regularly shown in children’s programmes, particularly cartoons such as Tom and Jerry.

Channel 4 said it had received four complaints about the credit. However, in view of the complaints made both to Channel 4 and Ofcom, Nissan had reconsidered the credits and decided to replace this one with a different animation.

Decision

The broadcaster’s and sponsor’s intention was clearly to be humorous. However, the sponsors felt it was more appropriate to replace this particular credit. Under such circumstances we consider the matter resolved.

The complaints were resolved

5 Ofcom programme complaints bulletin 24 13 December 2004

Newlyweds TMF (The Music Factory), 21 October, 14:00

Introduction

This reality show follows the lives of a celebrity couple in the USA. A viewer was concerned at the swearing used in this afternoon show, including the word “fucking”.

Response

TMF apologised for the offence caused. It explained that a mistake had been made in showing the post-watershed programme instead of the edited daytime version. As a result of this error, the broadcaster made an on-air apology on 28 October during the following week’s programme. It had also overhauled its scheduling system to check all the timing restrictions and had re-checked the entire first series of Newlyweds.

Decision

The programme contained language unsuitable for broadcast at this time of day. We welcome the broadcaster’s own on-air apology and the action taken to ensure that no further errors were present in the scheduling system. We believe that the broadcaster has taken adequate steps to prevent a recurrence and consider the matter resolved.

The complaint was resolved.

6 Ofcom programme complaints bulletin 24 13 December 2004 Fairness and Privacy cases

Where a complaint is not upheld there is only a note of the outcome. For a copy of the full adjudication in either case go to Ofcom’s website at www.ofcom.org.uk/bulletins/ or send a stamped addressed envelope to: Ofcom, Riverside House, 2a Southwark Bridge Road, London SE1 9HA.

Upheld

Complaint by Mr Damien Taylor The Graham Mack Breakfast Programme, 2CR FM, 16 April 2004.

Mr Taylor complained that he was treated unfairly when he telephoned the radio station about language used by a presenter on this breakfast programme. He said that, although he was speaking off-air, the conversation was recorded and broadcast without his permission. The presenter passed off the conversation as a ‘live’ exchange and berated Mr Taylor for repeating the language he complained of ‘on- air’. Mr Taylor’s legitimate concern about the use of such language was not addressed.

Ofcom concluded that there was no reason why Mr Taylor would have known his conversation was being recorded and would be broadcast. It was unfair to broadcast it without his permission. The exchange between Mr Taylor and the presenter gave listeners the misleading impression that Mr Taylor was using the offensive term on air. The presenter also failed to address his complaint about bad language. This was unfair to Mr Taylor.

Not upheld

Complainant Programme Date & Type of complaint Broadcaster

Mr Michael Bond House of Horrors ITV 1 Unfairness (Granada) 28 November 2003

7 Ofcom programme complaints bulletin 24 13 December 2004

Other programmes not in breach/out of remit 10 November – 23 November

Trans Programme Channel Category Date No of Complaints

2DTV ITV1 Offence 07/11/2004 4 2DTV ITV1 Offence 06/11/2004 1 Airline ITV1 Offence 08/10/2004 3 Ally McBeal Paramount Offence 21/10/2004 1 American Pie 2 (Trailer) ITV1 Scheduling 31/10/2004 1 Ant and Dec's Saturday Night Takeaway ITV1 Misleading 02/10/2004 1 At the Races Sky Misleading 04/11/2004 1 Ban This Filth Channel 4 Language 02/11/2004 1 BBC London News BBC1 Offence 22/10/2004 1 BBC News BBC1 Impartiality 16/10/2004 1 BBC News BBC1 Impartiality 12/11/2004 1 BBC News BBC1 Offence 11/11/2004 1 BBC News BBC1 Offence 16/11/2004 1 BBC News 24 BBC News 24 Offence 18/11/2004 1 BBC Radio 4 Radio 4 Offence 12/11/2004 1 BBC Radio 4 Radio 4 Offence 18/11/2004 1 Beat the Burglar BBC1 Offence 11/11/2004 1 Blue Peter BBC1 Impartiality 23/09/2004 1 Blues Brothers 2000 Five Scheduling 06/11/2004 1 Bodies BBC2 Offence 17/11/2004 1 Sexual Boy Meets Boy Five Portrayal 11/11/2004 4 Sexual Boy Meets Boy Five Portrayal 16/11/2004 1 Bremner, Bird & Fortune Channel 4 Offence 31/10/2004 2 Five News Five Offence 29/09/2004 1 Five News Five Offence 16/11/2004 1 Channel 4 News Channel 4 Impartiality 13/10/2004 1 Channel 4 News Channel 4 Offence 13/10/2004 1 Channel 4 News Channel 4 Offence 26/10/2004 1 Sexual Channel U Channel U Portrayal 03/10/2004 1 Children in Need BBC1 Offence 16/11/2004 1 Choice FM Choice FM Offence 18/09/2004 1 Colin and Edith BBC Radio 1 Language 13/10/2004 1 Colin and Edith BBC Radio 1 Offence 18/10/2004 1 Coronation Street ITV1 Offence 08/10/2004 1 Coronation Street ITV1 Offence 13/10/2004 4 dick and dom in da bungalow BBC1 Offence 25/09/2004 1 dick and dom in da bungalow BBC1 Offence 06/11/2004 1 DIY SOS BBC1 Offence 10/11/2004 2 Donna Legge BBC Radio 1 Language 07/10/2004 1 Dust to Dust Channel 4 Offence 10/11/2004 1

8 Ofcom programme complaints bulletin 24 13 December 2004

Dust to Dust Channel 4 Offence 12/11/2004 2 Eastenders BBC1 Offence 01/11/2004 1 Emmerdale ITV1 Offence 07/10/2004 1 Emmerdale ITV1 Offence 05/11/2004 1 Emmerdale ITV1 Offence 08/11/2004 1 Emmerdale ITV1 Offence 22/11/2004 1 Fifth Gear Five Offence 18/10/2004 1 Fifth Gear Five Offence - 1 Five Live Five Offence 17/11/2004 1 Five News Five Misleading 02/11/2004 1 Five News Five Accuracy 03/11/2004 1 Focus on the Family Premier Radio Offence 23/09/2004 1 Fool Around With My Girlfriend Channel 4 Offence 14/11/2004 1 Football Focus BBC1 Language 16/10/2004 1 Fox News Fox News Offence 01/01/2004 1 Fox News Fox News Impartiality 17/11/2004 1 French and Saunders BBC1 Offence 05/11/2004 1 French and Saunders BBC1 Offence 05/11/2004 1 Full on Food BBC2 Offence 10/11/2004 1 Galaxy 105 Galaxy 105 Offence 07/10/2004 1 GMTV ITV1 Offence 19/10/2004 1 GMTV ITV1 Offence 11/11/2004 1 Granada Plus / ITV3 ITV Offence 09/11/2004 2 Green Wing Channel 4 Offence 22/10/2004 1 Hallam FM Hallam FM Language 01/01/2004 1 Have I Got News For You BBC1 Offence 05/11/2004 1 Hollyoaks Channel 4 Offence 31/07/2004 1 Hollyoaks Channel 4 Offence 05/11/2004 1 Hollyoaks Channel 4 Offence 05/11/2004 1 Sexual Honey Trap Sky Portrayal 20/10/2004 1 Horizon BBC2 Offence 28/10/2004 1 I Want That House ITV1 Misleading 17/11/2004 1 I'll show Them Who's Boss BBC2 Language 14/10/2004 1 Inside Out BBC1 Impartiality 25/10/2004 1 It Shouldn't Happen to a Pop Star ITV1 Language 25/09/2004 1 ITN News ITV1 Impartiality 08/10/2004 1 ITN News ITV1 Misleading 07/10/2004 1 ITN News ITV1 Offence 28/10/2004 1 ITN News ITV1 Offence 04/11/2004 1 ITV News ITV1 Accuracy 10/02/2004 1 ITV News ITV1 Offence 20/06/2004 1 ITV News ITV1 Offence 03/09/2004 1 ITV News ITV1 Offence 13/10/2004 1 ITV News ITV1 Accuracy 20/10/2004 1 ITV News ITV1 Impartiality 18/10/2004 1 ITV News ITV1 Accuracy 24/10/2004 1 ITV News ITV1 Impartiality - 1 ITV News ITV1 Language 08/11/2004 1 ITV Weather ITV1 Misleading 15/11/2004 1

9 Ofcom programme complaints bulletin 24 13 December 2004

Trans Programme Channel Category Date No of Complaints

Jack Dee Live at the Apollo BBC 1 Offence 11/10/2004 2 Jack Dee's Happy Hour uktv GOLD Offence 21/11/2004 1 Jazz FM Jazz FM Offence 11/11/2004 1 Jeremy Vine BBC Radio 2 Offence 24/09/2004 1 Jezza's Capital Confessions Capital FM Language 10/11/2004 1 Kerrang Sky Offence 15/11/2004 1 Lawless ITV1 Language 09/11/2004 1 MacIntyre's Big Sting Five Offence 16/11/2004 1 Made in Britain Channel 4 Offence 09/11/2004 1 Make Me A Perfect Wife Channel 4 Offence 15/10/2004 1 Match of the Day BBC1 Offence 17/11/2004 1 Meridian News ITV1 Impartiality - 1 Mile High Sky One Offence 14/11/2004 1 Monarch of the Glen BBC1 Language 24/10/2004 1 Sexual Monkey Dust BBC 2 Portrayal 08/11/2004 1 Musicality Channel 4 Offence 03/11/2004 2 Nick Ferrari LBC97.3 Impartiality 12/11/2004 1 Nick Ferrari LBC97.3 Religious Offence - 1 Only Fools and Horses BBC1 Language 25/09/2004 1 Religious Pagans Channel 4 Offence 19/07/2004 4 Religious Pagans Channel 4 Offence 26/07/2004 1 Parkinson ITV1 Language 02/10/2004 2 Parkinson ITV1 Offence 09/10/2004 1 Parkinson ITV1 Offence 16/10/2004 3 Predator Five Violence 24/10/2004 1 Premiership Football Sky Sports 1 Language 18/10/2004 1 Property Ladder Channel 4 Language 09/12/2003 1 QI BBC2 Offence 22/10/2004 1 Question Time BBC1 Offence 28/10/2004 1 Radio 2 Radio 2 Offence 12/11/2004 1 Religious Radio Awaz Radio Awaz Offence 15/11/2004 1 Revved Up ITV1 Offence 08/10/2004 1 Richard and Judy Channel 4 Offence 09/11/2004 2 Richard and Judy Channel 4 Offence 18/11/2004 1 Rush Hour BBC1 Offence 05/09/2004 1 Scary Sleepover ITV1 Offence 21/10/2004 2 Scott Mills Radio 1 Offence 01/10/2004 2 Scott Mills BBC Radio 1 Offence 13/10/2004 1 Selling Houses Channel 4 Impartiality - 1

10 Ofcom programme complaints bulletin 24 13 December 2004

Sexual Sex Traffic Channel 4 Portrayal 13/10/2004 1 Sexual Sex Traffic BBC1 Portrayal 14/10/2004 1 Sex Traffic Trailer Channel 4 Scheduling 09/10/2004 1 Shoot the Writers ! ITV1 Offence 11/11/2004 1 Sky News Sky Impartiality 05/10/2004 1 Sky News Sky Accuracy - 1 Sky Sports Sky Offence 19/09/2004 1 Sky Sports Sky Offence 13/11/2004 1 Smallville TV3 Offence 10/11/20041 Soccernight ITV1 Offence 14/10/2004 1 Steel River Blues ITV1 Offence 08/09/2004 1 Steel River Blues ITV1 Offence 22/09/2004 1 Steel River Blues ITV1 Violence 13/10/2004 1 Stuart Grant Breakfast Show Vibe FM Offence 20/07/2004 1 Talksport Talksport Offence 23/09/2004 1 Talksport Taksport Offence 03/10/2004 1 Teachers Channel 4 Language 09/11/2004 1 Teachers Channel 4 Offence 16/11/2004 1 Sexual Television X Television X Portrayal 12/11/2004 1 Religious That Was Then This Is Now BBC Radio 2 Offence 09/10/2004 1 Sexual The A-Z of Love and Sex Channel 4 Portrayal 14/10/2004 1 The Amp Sky Scheduling 09/10/2004 1 The Bill ITV1 Scheduling - 1 Sexual The Bill ITV1 Portrayal 11/11/2004 1 The Bill ITV1 Offence 10/11/2004 1 The Boy Whose Skin Fell Off Channel 4 Language 04/10/2004 1 The Chris Moyles Show BBC Radio 1 Offence 01/09/2004 1 The Farm Five Offence 05/10/2004 2 The Farm Five Offence 07/10/2004 1 Religious The Grid BBC2 Offence 08/09/2004 1 Religious The Long View BBC Offence 12/10/2004 1 Religious The Mark Steel Lectures BBC2 Offence 03/11/2004 1 The Mummy Trailer ITV1 Offence 08/11/2004 1 The National Lottery: In it to Win It BBC1 Accuracy 23/10/2004 1 The New World War ITV1 Impartiality 12/11/2004 1 The Politics Show BBC1 Offence 24/10/2004 1 The Politics Show BBC1 Offence 21/11/2004 1 The Railway Children ITV1 Scheduling 07/11/2004 1 The Wright Stuff Five Impartiality 16/11/2004 1

11 Ofcom programme complaints bulletin 24 13 December 2004

The X Factor ITV1 Language 25/09/2004 2 The X Factor ITV1 Language 09/10/2004 1 The X Factor ITV1 Offence 17/11/2004 1 The X Factor ITV1 Offence 06/11/2004 1 The X Factor ITV1 Offence 20/11/2004 2 This Morning ITV1 Offence 08/11/2004 2 Time to Get Your House in Order Channel 4 Offence 16/11/2004 1 Tonight with Trevor McDonald ITV1 Impartiality 11/10/2004 3 Tonight with Trevor McDonald ITV1 Offence 25/10/2004 1 Tonight with Trevor McDonald ITV1 Impartiality 01/11/2004 4 Tonight with Trevor McDonald ITV1 Impartiality 08/11/2004 3 Tonight with Trevor McDonald ITV1 Impartiality 15/11/2004 2 Top Gear BBC2 Language 07/11/2004 2 Top Gear BBC2 Offence 31/10/2004 1 Sexual Top of the Pops BBC1 Portrayal 12/11/2004 1 Totally Outrageous Behaviour Bravo Offence 08/10/2004 1 Trial & Retribution ITV1 Offence 11/10/2004 5 Trial & Retribution ITV Offence 12/10/2004 2 Trisha ITV1 Offence 12/11/2004 1 Religious TV Meltdown Sky Offence 22/10/2004 1 TV3 TV3 Impartiality 17/10/2004 1 UEFA Champions League - Live ITV2 Offence 19/10/2004 1 UEFA Champions League - Live ITV1 Offence 22/11/2004 1 UK Music Hall of Fame Channel 4 Offence 14/11/2004 1 Ultimate Combat Helicopters Five Offence 08/11/2004 1 Vectone Bolly Sky Offence 23/10/2004 1 Sexual Venice BBC2 Portrayal 23/10/2004 1 Sexual Voyeur The Motion Picture Sky Portrayal 31/10/2004 1 Watchdog BBC1 Offence 08/11/2004 1 Weakest Link BBC1 Offence 13/11/2004 1 Weakest Link BBC1 Offence 17/11/2004 1 Whistleblower BBC1 Language 04/11/2004 1 Who Wants to be a Millionaire ITV1 Offence 13/11/2004 2 Wife Swap Channel 4 Language 02/11/2004 2 Wife Swap Channel 4 Offence 09/11/2004 1 Wind-up Call Heart 106.2 Offence 09/10/2004 1 Zane Lowe Show BBC Radio 1 Language 12/10/2004 1

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