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. 3 Ofcom programme complaints bulletin 24 13 December 2004 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) 4 Ofcom programme complaints bulletin 24 13 December 2004 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