Ofcom Broadcast Bulletin Issue number 219 3 December 2012 1 Ofcom Broadcast Bulletin, Issue 219 3 December 2012 Contents Introduction 3 Notice of Sanction Sister Ruby Ramadan Special Radio Asian Fever (Leeds), 17 August 2011, 12:00 and 18 August 2011, 11:00 4 Standards cases In Breach Asian Sound Radio Asian Sound Radio, 9 April 2012, 11:30 to 12:30 6 American Dad FX, 11 August 2012, 20:30 14 GirlGirl ChatGirl TV (Sky Channel 937), 22 August 2012, 07:30 to 08:30 18 Big Wednesday with Shawn Phonic FM, 12 September 2012, 11:40 22 Borkotmoy Sehri NTV, 30 July 2012, 02:00 25 Advertising scheduling cases In Breach Advertising minutage and advertising break patterns Sahara One, 16 July 2012 to 31 July 2012, various times 28 Advertising minutage Vox Africa, 1 June 2012 to 5 July 2012, various times 30 Other Programmes Not in Breach 32 Complaints Assessed, Not Investigated 33 Investigations List 42 2 Ofcom Broadcast Bulletin, Issue 219 3 December 2012 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. 3 Ofcom Broadcast Bulletin, Issue 219 3 December 2012 Notice of Sanction Sister Ruby Ramadan Special 2011 Radio Asian Fever (Leeds), 17 August 2011, 12:00 and 18 August 2011, 11:00 Introduction Radio Asian Fever (Leeds) is a community radio station that serves the South Asian communities of Leeds. The licence for Radio Asian Fever (Leeds) is held by Radio Asian Fever Community Interest Company. Summary of Decision Ofcom’s Finding published on 11 June 2012 in Broadcast Bulletin 2071 related to the broadcast of two episodes of the programme Sister Ruby Ramadan Special 2011 on 17 and 18 August 2011. Statements made by the presenter of the programmes were highly critical of homosexuality (in the case of the first programme) and mixed-faith marriages (in the case of the second programme). The content of the programme broadcast on 17 August 2011 included two statements which Ofcom considered were likely to encourage or to incite the commission of crime against homosexuals and were likely to encourage others to copy unacceptable behaviour towards homosexuals, in breach of Rules 3.1 and 2.4: Rule 3.1: Material likely to encourage or incite the commission of crime or to lead to disorder must not be included in television or radio services. Rule 2.4: Programmes must not include material (whether in individual programmes or in programmes taken together) which, taking into account the context, condones or glamorises violent, dangerous or seriously antisocial behaviour and is likely to encourage others to copy such behaviour. In addition, both episodes contained a number of statements about homosexuality and mixed-faith marriages, which had the potential to cause offence to the audience, in breach of Rule 2.3: Rule 2.3: In applying generally accepted standards broadcasters must ensure that material which may cause offence is justified by the context. Such material may include...discriminatory treatment or language (for example on the grounds of...religion...and sexual orientation). Ofcom also considered that the Licensee had not exercised the proper degree of responsibility with the content of these religious programmes, in breach of Rule 4.1: Rule 4.1: Broadcasters must exercise the proper degree of responsibility with 1 http://stakeholders.ofcom.org.uk/binaries/enforcement/broadcast- bulletins/obb207/obb207.pdf 4 Ofcom Broadcast Bulletin, Issue 219 3 December 2012 respect to the content of programmes which are religious programmes. Ofcom decided that the Code breaches were so serious that a financial penalty should be imposed in accordance with Ofcom’s Procedures for the consideration of statutory sanctions. In accordance with Ofcom’s Penalty Guidelines, Ofcom decided it was appropriate and proportionate in the circumstances to impose a financial penalty of £4,000 on Radio Asian Fever Community Interest Company in respect of the Code breaches (payable to HM Paymaster General). In addition, Ofcom directed the Licensee to broadcast a statement of Ofcom’s findings, on a date and in a form to be determined by Ofcom. The full adjudication is available at: http://stakeholders.ofcom.org.uk/binaries/enforcement/content-sanctions- adjudications/radio-asian-fever.pdf. 5 Ofcom Broadcast Bulletin, Issue 219 3 December 2012 Standards cases In Breach Asian Sound Radio Asian Sound Radio, 9 April 2012, 11:30 to 12:30 Introduction Asian Sound Radio is a local commercial radio station that broadcasts to Manchester and the East Lancashire area. The licence for the service is held by Asian Sound Radio Limited (“Asian Sound” or “the Licensee”). Ofcom received a complaint from a listener who was concerned that a guest on this one hour programme was making unsubstantiated claims to cure medical conditions, such as eczema, using ayurvedic products1. Ofcom noted that the programme was broadcast in Urdu and included a studio guest, Rama Chande, who is an ayurvedic practitioner. Ofcom commissioned a translation of the whole of the one hour programme from the original Urdu into English from an independent translator. Based on the translation, Ofcom noted that during the course of the programme members of the public telephoned the station to ask Rama Chande’s advice on a range of medical and health conditions. These were of varying degrees of seriousness and included arthritis, acne, psoriasis, migraines, back pain, fungal infections, hearing loss, bad eye sight and constipation in two children (a two year old child and a six year old child). The calls were put through to the studio and broadcast live. Throughout the programme, Rama Chande offered advice and specific ayurvedic treatments to address callers’ symptoms and symptoms from which members of their family were suffering. Some examples are set out below in the order in which they appeared in the programme. Example 1 Caller: “Salaam Rama Chande. My son is six years old and he suffers from frequent constipation and pain in his stomach. He stays awake at night.” Rama Chande: “Okay. I have a powder for him. Give him half a teaspoon of this powder before going to bed. There will be no side effects and his stomach will clear off every morning.” Caller: “Thank you very much. How can I get it and from where?” Rama Chande: “You can come and get it from me or you can order it on phone. We do second day delivery.” 1 Ayurvedic products are usually made up of animal, mineral, and/or plant extracts. Ayurvedic medicine is a Hindu system of traditional medicine native to India and is a form of alternative medicine. 6 Ofcom Broadcast Bulletin, Issue 219 3 December 2012 Example 2 Caller: “You were saying on the radio that there is a certain oil, which grows back your hair. My hair has fallen. I am a baldhead. Can that oil, which you were telling about, make one’s hair grow again?” Rama Chande: “Yes.