Ofcom Broadcast Bulletin Issue number 150 25 January 2010 1 Ofcom Broadcast Bulletin, Issue 150 25 January 2010 Contents Introduction 3 Standards cases In Breach Steve Power at Breakfast Wave 105 (Solent and surrounding area), 3 December 2009, 05:30 4 Ruhaniat and Tib-e-Nabvi [this decision has now been removed from this Bulletin – see note at page 6] Venus TV, 9 September 2009, 12:05 6 The X Factor Results Show ITV 1, 25 October 2009, 20:00 7 Really Caught in the Act ITV4, 1 December 2009, 13:25 9 Yvette and Karl: Down on One Knee Living, 7 November 2009, 20:00 10 Retention of recordings ABS-CBN News Channel, 6 November 2009 11 Resolved The Early Morning Breakfast Show Pirate FM, 14 November 2009, 09:00 12 Fairness & Privacy cases There are no Fairness and Privacy Adjudications in this Bulletin. Other programmes not in breach 14 2 Ofcom Broadcast Bulletin, Issue 150 25 January 2010 Introduction The Broadcast Bulletin reports on the outcome of investigations into alleged breaches of those Ofcom codes which broadcasting licensees are required to comply. These include: a) Ofcom‟s Broadcasting Code (“the Code”) which took effect on 16 December 2009 and covers all programmes broadcast on or after 16 December 2009. The Broadcasting Code can be found at http://www.ofcom.org.uk/tv/ifi/codes/bcode/. Note: Programmes broadcast prior to 16 December 2009 are covered by the 2005 Code which came into effect on 25 July 2005 (with the exception of Rule 10.17 which came into effect on 1 July 2005). The 2005 Code can be found at http://www.ofcom.org.uk/tv/ifi/codes/bcode_2005/. b) the Code on the Scheduling of Television Advertising (“COSTA”) which came into effect on 1 September 2008 and 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://www.ofcom.org.uk/tv/ifi/codes/code_adv/tacode.pdf. c) other codes and requirements that 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://www.ofcom.org.uk/tv/ifi/codes/ From time to time adjudications relating to advertising content may appear in the Bulletin in relation to areas of advertising regulation which remain with Ofcom (including the application of statutory sanctions by Ofcom). It is Ofcom policy to state the full language used on air by broadcasters who are the subject of a complaint where it is relevant to the case. Some of the language used in Ofcom Broadcast Bulletins may therefore cause offence. 3 Ofcom Broadcast Bulletin, Issue 150 25 January 2010 Standards cases In Breach Steve Power at Breakfast Wave 105 (Solent and surrounding area), 3 December 2009, 05:30 Introduction A listener was concerned that during this breakfast show, the presenter promoted Southampton‟s West Quay Shopping Centre. In particular, he encouraged listeners to visit the shopping centre to enter its „advent calendar‟ prize draw. Bauer Media, which owns the station, confirmed that the material was a live presenter-read spot advertisement for the shopping centre. We therefore sought the broadcaster‟s comments with regard to Rule 10.2 of the Code, which states: “Broadcasters must ensure that the advertising and programme elements of a service are kept separate.” Response Bauer Media said Wave 105 admitted that, on this occasion, the advertisement was not clearly separated from programming. It added that, “in the presenter‟s enthusiasm to talk up this local event he strayed a little from the script and as a result failed to separate it from programming with the use of a jingle.” The broadcaster said that live presenter-read advertisements were generally placed in commercial breaks and “separated from programming using a jingle”. It added that, to avoid recurrence, all presenters had been reminded of this procedure and “not to veer from the commercial scripts.” Decision Broadcast output is defined either as editorial (programming) or advertising. For the purposes of transparency, it is a requirement of the Code that these must be clearly separated. It is important for the listener to be aware of whether content is editorial or has been paid for. In this instance, Ofcom noted that: the presenter discussed the Southampton shopping centre immediately after he had announced the title and artist of the song that had just been broadcast: “„To Love Again‟ from Alesha Dixon. Now, if you get down to West Quay between now and Christmas Eve you can see the massive advent calendar that they‟ve got. It‟s 8 metres by 2 metres – that‟s huge. Don‟t know what size chocolates you need for that, to fit in under the doors”; the co-presenter responded: “Cor, big ones though, nice”; and the presenter continued, promoting the shopping centre‟s prize draw: “And if you head down and register your details you‟ll be entered into a daily draw to win a 4 Ofcom Broadcast Bulletin, Issue 150 25 January 2010 different prize that will be behind a different calendar door. Today, go to see if Nandos – you can win free meals for four…” In this case, the advertisement was not clearly separated from programming by, for example, the broadcast of a station ident. In addition, the material was presented as if it was programming. The presenter clearly deviated from his advertising script and the co-presenter responded to his ad hoc comments. In Ofcom‟s view, these enhanced the editorial feel of the material. It would not have therefore been apparent to the audience that they were listening to paid for advertising. Ofcom considered that this live presenter-read promotion lacked transparency as a paid-for spot advertisement. The broadcaster had failed to ensure that the advertising and programme elements of its service were kept separate, in breach of Rule 10.2 of the Code. Ofcom therefore welcomed the broadcaster‟s actions, noting that presenters had been reminded of the broadcaster‟s procedure for achieving the separation of programming and advertising (by “using a jingle”) and not to deviate from appropriately cleared advertisement scripts. Breach of Rule 10.2 5 Ofcom Broadcast Bulletin, Issue 150 25 January 2010 In Breach Ruhaniat and Tib-e-Nabvi Venus TV, 9 September 2009, 12:05 This decision has been removed from Broadcast Bulletin 150 following a review by the Broadcasting Review Committee. The Review Decision published in Broadcast Bulletin 166 replaces the decision originally published here, and can be viewed on the Ofcom website at: http://stakeholders.ofcom.org.uk/enforcement/broadcast-bulletins/obb166/. 6 Ofcom Broadcast Bulletin, Issue 150 25 January 2010 In Breach The X Factor Results Show ITV 1, 25 October 2009, 20:00 Introduction This episode of The X Factor featured a live performance from the band Westlife that included laser lighting effects. The laser lights alternated rapidly at some points, causing the brightness of areas of the screen to change, and producing a flashing effect. No warning was given of these effects before the broadcast. Ofcom received complaints from three viewers who were concerned about the amount of flashing images broadcast during the programme and the distress these images caused to themselves and potentially to other photosensitive viewers. Certain types of flashing images can trigger seizures in viewers who are susceptible to photosensitive epilepsy (“PSE”). Rule 2.131 of the Code therefore states that: “Broadcasters must take precautions to maintain a low level of risk to viewers who have photosensitive epilepsy. Where it is not reasonably practicable to follow the Ofcom guidance…and where broadcasters can demonstrate that the broadcasting of flashing lights and/or patterns is editorially justified, viewers should be given an adequate verbal and also, if appropriate, text warning at the start of the programme or programme item.” Ofcom wrote to Channel TV (“Channel”), who complied the programme on behalf of the ITV Network for ITV1, and asked it to comment with regard to Rule 2.13. Response Channel said that it takes its responsibilities to maintain a low level of risk to viewers who suffer from PSE seriously and it had accepted „industry standard‟ technology in the The X Factor studio to enable checks to be made on the lighting effects used in the Westlife show during the programme rehearsal. It stated that Westlife‟s performance during rehearsal did not trigger any warning signs using this particular technology. On the day of the Westlife live performance the broadcaster was therefore confident, given the initial readings it obtained at the studios during the rehearsal, that the lighting effects would not breach Rule 2.13. However, after testing the material again after it was transmitted, using different digital technology, the broadcaster accepted that the material did not comply with the appropriate PSE standards for a very short portion of the performance. Channel also stated that after it received complaints from viewers following Westlife‟s performance, it ensured that for the rest of The X Factor series any guest performance that employed lasers as part of the lighting effects would be preceded with a warning. 1 Please note that on 16 December 2009, a revised version of the Code was issued. For programmes broadcast on or after 16 December 2009, Rule 2.12 will apply. 7 Ofcom Broadcast Bulletin, Issue 150 25 January 2010 Decision 2 Ofcom‟s Guidance Note advises on the technical limits for flashing images and is intended to minimise the level of risk to photosensitive viewers.