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Bringing you regular news of key developments in broadcasting regulation.
OFCOM
Offensive language: 5 Live Breakfast (BBC Radio 5 Live), 17 December 2009
Producers and presenters of live programmes must be alert to the use of offensive language by guests and think on their feet to take appropriate action if necessary. The producers and presenters of 5 Live’s breakfast programme did just that on 17 December 2009 when Rage Against the Machine incorporated the words “F*ck you, I won’t do what you tell me” into a live performance of their song “Killing in the Name”. The producers faded out the song quickly and one of the presenters could be heard saying “Get rid of it”, before apologising immediately for the language and explaining that the band had been asked not to use strong language but had done so anyway. As a result of this quick-thinking action, Ofcom treated the matter as resolved, rather than in breach of the Code.
Ofcom’s decision.
Point of death footage: News (Al Jazeera), 9 February 2010
Significant public interest was insufficient to justify the broadcast just after the watershed of extremely disturbing and graphic footage showing the summary execution of seven men. While Ofcom considered it important that news was not sanitised and that broadcasters were free to report the reality of war and other atrocities, images depicting point of death required exceptional circumstances, had to be treated with extreme care and had to be used in context. In this instance, the footage was documentary evidence depicting alleged human rights crimes and atrocities and was reported in a serious manner. It was transmitted on a news channel where the audience would expect material to be challenging and the news presenter also gave a warning immediately before the report. However, Ofcom found that these factors did not warrant the broadcast of nearly a minute’s footage including relatively close-range shots of the actual act of execution and the immediate effects of bullets entering the men’s bodies, and the ruthless behaviour of the Nigerian security forces undertaking the shootings.
Ofcom’s decision.
Persistent and probing interview style not offensive: Afternoon Live (Sky News), 3 February 2010
There is a fine line between a legitimately persistent and probing interview technique and conduct of a bullying and intimidatory nature. In a recent edition of Afternoon Live on Sky News, the presenter’s questioning of Peter Andre on the subject of child-care arrangements following his ex-wife's recent wedding attracted 881 viewer complaints, but nevertheless avoided breaching the Code. Ofcom decided that overall the presenter had been measured in her tone throughout and had not put undue pressure on Peter Andre for a response, as well as expressing concern about his wellbeing. In addition, the lines of questioning had not been of such a personal and private nature as to be unduly intrusive and a violation of Peter Andre’s dignity. Ofcom therefore found that, in the context of a news programme focussing on the human-interest angle, the interview did not breach the Code.
Ofcom’s decision.
Sponsorship: TEENick (Nickelodeon), 7 September 2009 to 15 March 2010
Omission of pricing information from sponsorship credits for 0800 Reverse (a reverse-charge service that allows telephone calls to be made to landlines) was potentially misleading because it did not make clear that it involved a significant cost to the recipient (£3.99 for a call under 30 seconds long from a mobile to a BT landline). While the inclusion of price information in sponsorship credits is generally prohibited under Ofcom’s Code, mandatory price information (such as the cost of premium rate services) is acceptable, as long as it is not described in a promotional way. Ofcom also found that the freephone prefix for the service had the potential to mislead younger viewers (the intended audience for TEENick being 9-12 years old) that the service was free.
Ofcom’s decision.
Sponsorship: First Half Forum (Talksport), 7 March 2010
If an organisation is the sponsor of a programme in which its credited representative is featured, this is “most likely” to breach the Code because it is “most unlikely” to be incidental. While the Code contains an outright prohibition on promotional references to sponsors in the programmes they sponsor, non-promotional references are permitted, but only where they are “editorially justified and incidental”. Ofcom found that an edition of First Half Forum (which is sponsored by the internet betting exchange, Betfair) breached the Code because the presenter had interviewed a representative of Betfair, who was introduced as “Betfair’s voice of football betting …”
Ofcom’s decision.
Privacy – broadcast of mobile telephone number: Eastenders (BBC1), 7 September 2009
Broadcasters must take care not to broadcast real mobile telephone numbers without consent or strong public interest justification. The broadcast of an individual’s real mobile telephone number in an edition of Eastenders was an unwarranted infringement of the individual’s privacy. It was shown on screen for approximately 4 seconds on a prop phone that was being used by the character “Ricky”, and the individual received a series of “unwanted and abusive” telephone calls and text messages as a result.
Ofcom’s decision.
For further information, please contact:
Eleanor Steyn
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Simkins' early warning bulletins are for general guidance only. Legal advice should be sought before taking action in relation to specific matters. Where reference is made to Court decisions facts referred to are those reported as found by the Court. Please note that past bulletins included in the Archive have not been updated by any subsequent changes in statute or case law.
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