Issue 330 of Ofcom’s Broadcast and On Demand Bulletin 5 June 2017 Issue number 330 5 June 2017 Issue 330 of Ofcom’s Broadcast and On Demand Bulletin 5 June 2017 Contents Introduction 4 Note to Broadcasters BBC online material 6 Broadcast Standards cases In Breach Highway Thru Hell National Geographic, 26 March 2017, 11:00 7 Botched Kanal 5, 17 February 2017, 12:50 9 Today NTV Mir Baltic, 12 November 2016, 09:05 11 Yog-Hindi Rishi Swami Ramdevji Aastha TV, 9 June 2016, 19:00 19 Community Platform Ummah Channel, 8 February 2017, 03:30 28 ATN Bangla Shongbad ATN Bangla UK, 30 January 2017, 21:30 33 Taste of Asia Competition SAB TV, 18 February 2017, 21:41 36 Resolved ITV London News ITV, 16 March 2017, 18.30 39 Broadcast Licence Conditions cases In Breach Providing a service in accordance with ‘Key Commitments’ West Hull Community Radio, 8 to 10 December 2016 41 Issue 330 of Ofcom’s Broadcast and On Demand Bulletin 5 June 2017 On Demand cases Resolved Rule 1: Notification of intention to provide an On Demand Programme Service P110 Limited (www.youtube.com/user/P110HD) 43 Broadcast Fairness and Privacy cases Upheld Complaint by Mrs Carly Hatley Say Yes to the Dress, TLC, 16 September 2016 49 Not Upheld Complaint by Mrs Emma Fisher on her own behalf and on behalf of Mr Steven Fisher Undercover: Nailing the Fraudsters, Channel 5, 28 September 2016 58 Complaint by Abort 67, made on its behalf by Tuckers Solicitors LLP Dispatches Undercover: Britain’s Abortion Extremists, Channel 4, 5 October 2016 72 Complaint by Mr Jason John, made on his behalf by Mrs Loretta Davies X Ray, BBC 1 Wales, 7 November 2016 95 Tables of cases Investigations Not in Breach 112 Complaints assessed, not investigated 113 Complaints outside of remit 122 Complaints about the BBC, not assessed 123 Investigations List 126 Issue 330 of Ofcom’s Broadcast and On Demand Bulletin 5 June 2017 Introduction Under the Communications Act 2003 (“the Act”), Ofcom has a duty to set standards for broadcast content to secure the standards objectives1. Ofcom also has a duty to ensure that On Demand Programme Services (“ODPS”) comply with certain standards requirements set out in the Act2. Ofcom reflects these requirements in its codes and rules. The Broadcast and On Demand Bulletin reports on the outcome of Ofcom’s investigations into alleged breaches of its codes and rules, as well as conditions with which broadcasters licensed by Ofcom are required to comply. The codes and rules include: a) Ofcom’s Broadcasting Code (“the Code”) for content broadcast on television and radio services licensed by Ofcom, and for content on the BBC’s licence fee funded television, radio and on demand services. b) the Code on the Scheduling of Television Advertising (“COSTA”), containing rules on how much advertising and teleshopping may be scheduled on commercial television, how many breaks are allowed and when they may be taken. c) certain sections of the BCAP Code: the UK Code of Broadcast Advertising, for which Ofcom retains regulatory responsibility for television and radio services. These include: the prohibition on ‘political’ advertising; ‘participation TV’ advertising, e.g. long-form advertising predicated on premium rate telephone services – notably chat (including ‘adult’ chat), ‘psychic’ readings and dedicated quiz TV (Call TV quiz services); and gambling, dating and ‘message board’ material where these are broadcast as advertising3. d) other conditions with which Ofcom licensed services must comply, such as requirements to pay fees and submit information required for Ofcom to carry out its statutory duties. Further information can be found on Ofcom’s website for television and radio licences. e) Ofcom’s Statutory Rules and Non-Binding Guidance for Providers of On-Demand Programme Services for editorial content on ODPS (apart from BBC ODPS). Ofcom considers sanctions for advertising content on ODPS referred to it by the Advertising Standards Authority (“ASA”), the co-regulator of ODPS for advertising, or may do so as a concurrent regulator. Other codes and requirements may also apply to broadcasters, depending on their circumstances. These include the requirements in the BBC Agreement, 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. 1 The relevant legislation is set out in detail in Annex 1 of the Code. 2 The relevant legislation can be found at Part 4A of the Act. 3 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 Issue 330 of Ofcom’s Broadcast and On Demand Bulletin 5 June 2017 It is Ofcom’s policy to describe fully television, radio and on demand content. Some of the language and descriptions used in Ofcom’s Broadcast and On Demand Bulletin may therefore cause offence 5 Issue 330 of Ofcom’s Broadcast and On Demand Bulletin 5 June 2017 Note to Broadcasters BBC online material Under the BBC’s Charter and Agreement, Ofcom has a new responsibility to consider, and give an opinion on, whether the BBC has observed relevant editorial guidelines in its online material1. This came into effect with the Digital Economy Act on 27 April 2017. On 18 May, Ofcom published its arrangements and procedures for handling complaints about BBC online material. Online material means content on the BBC website and apps. This includes written text, images, video and sound content. It does not extend to social media, Bitesize, BBC material on third party websites and World Service content, among other things. Complaints about BBC online material must follow the ‘BBC First’ approach, where they are made to the BBC in the first instance. If a complainant is not satisfied with the BBC’s final response to a complaint about its online standards, they may refer the complaint to Ofcom for its opinion. Unlike our role regulating the standards of BBC broadcasting and on demand programme services (such as the BBC iPlayer), Ofcom has no enforcement powers for BBC online material. Our procedures for handling complaints about BBC online material are here: https://www.ofcom.org.uk/__data/assets/pdf_file/0022/101893/bbc-online-procedures.pdf 1 This does not include content on BBC on demand programme services, which must comply with relevant rules in the Broadcasting Code. 6 Issue 330 of Ofcom’s Broadcast and On Demand Bulletin 5 June 2017 Broadcast Standards cases In Breach Highway Thru Hell National Geographic, 26 March 2017, 11:00 Introduction National Geographic is a television channel that broadcasts reality and factual programmes. The licence is held by NGC Europe Limited (“NGC” or “the Licensee”). Highway Thru Hell is a factual programme that follows a group of tow truck drivers in Canada. We received a complaint that one of the truck drivers shown in the programme shouted “fuck”. Ofcom considered this material raised issues under the following rule of the Code: Rule 1.14: “The most offensive language must not be broadcast before the watershed”. We therefore asked NGC how the content complied with this rule. Response The Licensee apologised and acknowledged that the inclusion of the word “fuck” in this programme did not comply with Rule 1.14. The Licensee said that Highway Thru Hell is one of its programmes that is revoiced with a UK voiceover to replace the original narration. The Licensee explained that although the use of offensive language had been identified by its compliance staff, it was not removed by the audio engineer as intended when the new voiceover was recorded. The Licensee said it had since adopted a new compliance procedure for similar programmes to ensure better oversight by compliance staff. Decision Reflecting our duties under the Communications Act 20031, Section One of the Code requires that people under eighteen are protected from unsuitable material in programmes. Rule 1.14 states that the most offensive language must not be broadcast before the watershed. Ofcom’s 2016 research2 on offensive language clearly indicates that the word “fuck” and variations of it are considered by audiences to be amongst the most offensive language. 1 http://www.legislation.gov.uk/ukpga/2003/21/section/319 2 https://www.ofcom.org.uk/__data/assets/pdf_file/0022/91624/OfcomOffensiveLanguage.pdf 7 Issue 330 of Ofcom’s Broadcast and On Demand Bulletin 5 June 2017 We acknowledged that this incident had occurred as a result of human error and that the Licensee had apologised. We also took into account that NGC said it had taken steps to prevent a recurrence of this issue. However, the use of the word “fuck” was a clear case of the most offensive language being broadcast before the watershed. Our decision is that this material was in breach of Rule 1.14. Breach of Rule 1.14 8 Issue 330 of Ofcom’s Broadcast and On Demand Bulletin 5 June 2017 In Breach Botched Kanal 5, 17 February 2017, 12:50 Introduction Kanal 5 is a Swedish language general entertainment channel broadcasting to Sweden from the UK. The licence for Kanal 5 is held by Discovery Corporate Services Limited (“DCSL” or “the Licensee”). Botched is a US reality TV series, broadcast in English, about two plastic surgeons who perform surgery on patients seeking to correct previous cosmetic surgery operations that have gone wrong. We received a complaint that the programme was inappropriately scheduled at a time when children might be viewing. One of the stories in this programme concerned Katella, a trans woman who wanted to undergo cosmetic surgery to make her look like “a blow-up sex doll”.