Ofcom Broadcast Bulletin Issue number 207 11 June 2012 1 Ofcom Broadcast Bulletin, Issue 207 11 June 2012 Contents Introduction 4 Standards cases In Breach Sister Ruby Ramadan Special 2011 Radio Asian Fever (Leeds), 17 August 2011, 12:00 and 18 August 2011, 11:00 5 Religion and Society Voice of Russia, 24 February 2012, 08:05 21 Playing it Straight E4, 9, 16, 23, and 30 January 2012, 21:00 28 Focus Nigeria AIT International, 9 February 2012, 09:00 35 Good Morning Psychic Psychic Line, 20 January 2012, 15:30 43 Masti Chat Party, 18 March 2012, 06:45 to 07:00 48 Doktorunuz Sizinle Kanal 7 Avrupa, 1 February 2012, 23:40 51 Provision of recordings PTV Global, 18 March 2012, 19:30 57 Resolved Death on the Nile ITV1, 17 March 2012, 15:30 59 Broadcast Licence Condition cases In Breach Breach of Licence Condition NE1fm, community radio service for central Newcastle and Gateshead, 16 April 2012 – present 61 Audio Description provision ESPN, January to December 2011 64 2 Ofcom Broadcast Bulletin, Issue 207 11 June 2012 Advertising Scheduling cases In Breach Breach findings table Code on the Scheduling of Television Advertising compliance reports 66 Fairness and Privacy cases Upheld Complaint by Miss Grace Nyesigire Swahili Diaries, BEN TV, 10 January 2012 68 Upheld in Part Complaint by Mr Andrew Peet Party Paramedics: Corfu Carnage, Channel 4, 31 January 2012 73 Not Upheld Complaint by Mr Yinka Adedeji Dispatches: Landlords from Hell, Channel 4, 5 December 2011 83 Complaint by Mr Peter Johnson Homes from Hell, ITV2, 26 November 2011 96 Complaint by Mr Richard Patterson Channel 4 News, Channel 4, 25 January 2012 106 Complaint by Dr Daljit Singh Virk Daster Day, Sikh Channel, 23 September 2011 112 Other Programmes Not in Breach 116 Complaints Assessed, Not Investigated 117 Investigations List 127 3 Ofcom Broadcast Bulletin, Issue 207 11 June 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: www.bcap.org.uk/The-Codes/BCAP-Code.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 4 Ofcom Broadcast Bulletin, Issue 207 11 June 2012 Standards cases In Breach 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 this station is held by Radio Asian Fever (Leeds) (“Radio Asian Fever” or “the Licensee”). Two listeners alerted Ofcom to the two programmes above, each approximately fifty minutes in duration and broadcast in Urdu, complaining that the programmes contained homophobic material. Having obtained an independent translation of the content, we noted that each of the two programmes consisted of a sermon delivered by a female presenter, Rubina Nasir (“Sister Ruby”). In the broadcast on 17 August 2011, the presenter commenced with a Qur'anic verse (Sura Al-Nisa, verse 16) and gave her interpretation of that verse as being highly critical of homosexuality. The presenter also discussed various historical events portrayed in the Qur‟an in the context of her main theme of homosexuality. In the broadcast on 18 August 2011, the presenter focused her discussion on another Qur‟anic verse (Sura Al-Baqra, verse 221) and gave her interpretation of that verse as being critical of mixed-faith marriages. Ofcom obtained an independent translation of the two programmes from the original Urdu into English. We first noted the following two statements made by the presenter in the programme broadcast on 17 August 2011: “What should be done if they do it [practise homosexuality]? If there are two such persons among you, that do this evil, the shameful act, what do you have to do? Torture them; punish them; beat them and give them mental torture.” “Allah states, „If they do such a deed [i.e. homosexuality], punish them, both physically and mentally.‟ Mental punishment means rebuke them, beat them, humiliate them, admonish and curse them, and beat them up. This command was sent in the beginning because capital punishment had not yet been sent down.” We considered the above statements raised issues warranting investigation under Rules 2.4 and 3.1 of the Code. 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.” 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.” 5 Ofcom Broadcast Bulletin, Issue 207 11 June 2012 We therefore sought Radio Asian Fever‟s comments as to how this material complied with these rules. In addition, in the programme broadcast on 17 August 2011, we noted the presenter made the following statements: “Those who invented this evil [homosexuality] were the people of Lot‟s nation”; “... this one evil [homosexuality] is the root cause of many other evils”; “In America, the 1990-92 Homosexual Workshop Report states that an average homosexual has partners numbering between 20 and 106, and they make new partners every year. In other words, one such man commits this bad act with at least 20 and with a maximum of 106 men”; “50% of those who commit suicide are victims of homosexuality. Murderers too suffer from the same disease. In USA 50% cases of AIDS are homosexuals. Among these people – those who do this bad deed and act against nature – peace and happiness cannot be found. Among women who are victims of homicide, 21% are victims of homosexuality too”; “The act specific to Prophet Lot‟s nation [homosexuality] is acceptable neither to God nor to human nature. The human body too does not accept this act. It is such a bad deed as no one can accept”; “[Homosexuality] is such a bad deed that made Allah so very furious – they were doing such a heinous sin that Allah sent such a severe punishment upon them”; “The things [i.e. homosexuality] you are listening to in today‟s programme, it is hard to speak about them – they are shameful”; “I would advise you to very closely scrutinize and check, before you arrange the marriages of your children, if the boys and girls in question are suffering from this disease [homosexuality]. They should be cured”; and “These [i.e. homosexual acts] are such major sins as have wounded the earth”. In the programme broadcast on 18 August 2011 the sermon dealt with the issue of mixed-faith marriages, and we noted the presenter made the following statements: “In this verse Allah states “Do not marry Mushrak1 women until they become believers. Surely a Muslim slave girl is better than a free Mushrak woman, even if you like the latter too much.