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Bringing you regular news of key developments in broadcasting regulation.
DCMS
TV product placement given the go-ahead, 9 February 2010
The Government has announced that TV product placement will be allowed in future to provide, it says, “meaningful commercial benefits to commercial television companies and programme makers”. There will be restrictions over and above those in the Audiovisual Media Services Directive on the types of programme in which products can be placed (placement in current affairs, consumer and religious programming will be prohibited) and on the types of product that can be placed (placement of over-the-counter medicines, high fat, salt or sugar foods and infant and follow-on formula will be prohibited). The BBC is currently prohibited from accepting any form of advertising, including product placement, in its licence-fee funded services and this will not change under the new regime. However, the BBC’s UK commercial services, operated through BBC Worldwide, will be subject to the same rules on product placement as other broadcasters.
The Government anticipates that the changes to the current regime (which prohibits product placement) will come into effect later this year.
For the full text of the ministerial statement, click here.
OFCOM
Ex-talkSport presenter Jon Gaunt given leave to judicially review Ofcom, 27 January 2010
Jon Gaunt has been given permission by the High Court to challenge Ofcom’s decision on a live interview that he conducted in November 2008 with a Redbridge councillor. During the interview, “shock-jock” Gaunt called the politician a “Nazi”, “health Nazi” and an “ignorant pig” over the Council’s plans to ban smokers from becoming foster parents. In May 2009, Ofcom found that the interview breached generally accepted standards, and that it had caused offence that was not justified in the context of the programme. Gaunt claims that Ofcom’s decision infringes his right to freedom of speech.
This is the first time since Ofcom came into being in 2003 that one of its decisions on broadcasting standards is to be reviewed by the High Court. Whether it will succeed remains to be seen. When granting permission, Stadlen J said that Gaunt’s case had sufficient merit to be heard at a two-day judicial review hearing, but warned that Ofcom had “powerful” arguments against the claim.
Swearing before the watershed: Glasvegas (MTVN HD), The Passions Of Girls Aloud (ITV2) and Have I Got News For You (Dave), 22 February 2010
Ofcom has found three programmes in breach of its Broadcasting Code, all for broadcasting derivatives of the “f” word before the watershed, as a result of human error. These cases highlight the importance of ensuring that content for broadcast is correctly edited, and that it is not mislabelled. All programmes should be checked carefully to ensure that the “f” word and other “most offensive” language is edited out of programmes to be broadcast before the watershed.
For the full text of Ofcom’s decisions, click here.
News programmes and sponsorship: Inside Africa (CNN International), 22 February 2010
An edition of Inside Africa, which was sponsored by Zenith Bank, breached the Ofcom Broadcasting Code sponsorship rules because it was a current affairs programme, and news and current affairs programmes are not allowed to be sponsored.
While previously the programme had focussed on African culture, the broadcaster explained that there had apparently been a “recent, inadvertent editorial shift”, and the programme had become a current affairs programme, containing various reports analysing current events and issues affecting Africa. This finding emphasises the importance of understanding the rules on sponsorship of programmes and of keeping a watching brief on established programmes where the editorial focus of those programmes may change.
For the full text of Ofcom’s decision, click here.
Wording of sponsorship credits: The Simpsons (Sky 1), 22 February 2010
The Simpsons on Sky 1 is sponsored by Currys. Some of the sponsor credits included the words “Currys we can help”. Ofcom’s Broadcasting Code prohibits sponsor credits from containing advertising messages or calls to action. Although Sky had sought informal guidance from Ofcom on the Currys sponsorship campaign before broadcast, Ofcom found that “Currys we can help” breached the Code because it was promotional and encouraged the purchase of goods and services from the electrical retailer. Ofcom said that it had given Sky general guidance on the campaign, but that it did not offer pre-transmission clearance and that it was Sky’s responsibility to comply with the Code.
For the full text of Ofcom’s decision, click here.
Statutory reporting restrictions: Mr E on behalf of F (Send In The Dogs, ITV1), 8 February 2010
Broadcasters must ensure that the production companies they engage have adequate research and record-keeping procedures to avoid infringing the privacy of those featured in programmes.
Ofcom found that this programme seriously infringed the privacy of a 16-year-old boy by stating that the boy had been convicted of driving without insurance and without a licence, and by not obscuring his face in the programme, which rendered him identifiable. Statutory reporting restrictions applied to the boy’s convictions because of his age and he had a legitimate expectation that such information would not be included in a television programme. The production company had relied on information from the police, who had confirmed only that the boy had been convicted. Had the programme makers contacted the court, they would have discovered that the boy had been convicted in the Youth Court, where statutory reporting restrictions apply automatically.
For the full text of Ofcom’s decision, click here.
Trauma to individuals: Miss M (Tonight: Country Road 999, ITV1), 8 February 2010
This complaint of unwarranted infringement of privacy was not upheld by Ofcom, but it does serve to remind broadcasters that they are advised under Ofcom’s Code “to try to reduce the potential distress to victims and/or relatives when making or broadcasting programmes intended to examine past events that involve trauma to individuals”. They should do this, insofar as is reasonably practicable, by informing surviving victims and/or the immediate families of those whose experience is to feature in the programme of the plans for the programme and its intended broadcast. This practice should reduce the risk of subsequent complaints by victims and/or relatives about such programmes.
For the full text of Ofcom’s decision, click here.
BBC
Bang Goes The Theory (BBC1), 1 February 2010
A demonstration by one of the presenters of the effect on the voice of inhaling helium, conducted in front of a small audience, mostly composed of children, was not accompanied by adequate safety warnings. The presenter had stated (on advice from a safety expert): “Now I'm going to take a couple of deep breaths at the start because it's quite dangerous so don't do this at home." A child was, however, heard saying (once during, and once at the end of the demonstration): "I want to have a go." In light of this, the BBC’s Editorial Complaints Unit found that a reinforcing warning after the end of the item was needed. The BBC’s Editorial Guidelines relating to children and dangerous imitation make clear that adequate and suitable safety warnings are required.
For the full text of the BBC Editorial Complaints Unit’s decision, click here.
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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