Broadcast Bulletin Issue number 172 20/12/10
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.
Standards cases
In Breach
Majlis-E-Shahadat-E-Imam Ali
Hidayat TV, 31 August 2010, 21:20
Introduction
Hidayat TV is an Islamic channel which broadcasts educational and religious programmes in Arabic, English and Urdu.
Ofcom received two complaints that during one religious broadcast, a scrolling caption appeared at the bottom of the screen which appeared to give information about the sponsor of the programme.
Ofcom viewed the material and noted that, alongside information about the live religious broadcast being shown, the following caption appeared:
“This live coverage is borught [sic] to you by Bombay Palace Sweets and Resturant [sic] Paris.”
In our initial correspondence with Hidayat TV, the broadcaster stated the restaurant was not the sponsor of the programme but provided catering at the religious ceremony featured in the programme. The broadcaster stated that it had therefore transmitted an on-air credit for the restaurant in relation to its provision of the catering service.
Ofcom therefore asked Hidayat TV how the material complied with the following Code rules:
- Rule 10.3 (products and services must not be promoted in programmes);
- Rule 10.4 (no undue promince may be given to a product or service); and
- Rule 10.5 (product placement is prohibited)
Response
Hidayat TV said it did not receive any payment or other valuable consideration for providing this scrolling text. It said the catering was provided for the religious ceremony alone and the broadcaster had no connection with the ceremony.
Hidayat TV explained the scrolling text was not meant to promote any products or services, but said the name of the business was unintentionally included by a member of staff.
Decision
Ofcom noted the broadcaster’s confirmation that it did not receive payment for the inclusion of the commercial references in the programme. We found no evidence that the broadcast was in breach of Rule 10.5 which prohibits product placement.
Rule 10.3 prevents the promotion of products or services within programmes. Ofcom concluded that the scrolling strap line served only to promote the restaurant during programme, in breach of Rule 10.3. Further, in the absence of any editorial justification, and taking into account the scroll was shown on a repeat throughout the programme, Ofcom considered that undue prominence had been given to the business, in breach of Rule 10.4. We acknowledge the broadcaster admitted the reference was included in error and we would not expect a similar recurrence in the future.
Breach of Rules 10.3 and 10.4In Breach
Late evening programmes
Fast FM 87.9 (Bradford), 26 August 2010 and 1 September 2010, 21:00
Introduction
Fast FM 87.9 (“Fast FM”) was a radio service broadcast in Bradford from 11 August 2010 to 11 September 2010, provided under a restricted service licence. The service was dedicated to covering Ramadan, with predominantly religious speech programming and traditional folk and devotional music from around the Muslim World.
A listener complained to Ofcom that Fast FM’s late evening programmes made the following references to local businesses:
Punjab Sweet House
On 26 August 2010, a broadcast competition was conducted throughout the programme, in which the presenter and his studio guest:
- discussed Punjab Sweet House with each other and with broadcast competition entrants; for example:
Presenter: “Have you ever tried the meals at Punjab Sweet House?”
Guest: “All of their meals and sweets are very good”; and
Presenter: “Their meals are very delicious and we are here to tell those who do not know about them…”;
- asked a competition question about Punjab Sweet House, based on an advertisement for the restaurant, which was broadcast as part of the programme (as well as in commercial breaks); for example:
Presenter: “I told you that our second question is related to Punjab Sweet House. Tell us, what is the telephone number of Punjab Sweet House? You may have heard the telephone number of Punjab Sweet House in the advert and we will play this advert again”; and
- dedicated programming to Punjab Sweet House:
Presenter: “I dedicate this hymn to the staff of Punjab Sweet House, with whose cooperation we are presenting this programme.”
Fast FM told Ofcom that Punjab Sweet House had not sponsored the programme but had donated the competition prize, which was a meal for four people at the restaurant.
Enzo Prestige car hire
During the programme on 26 August 2010, the presenter announced that an advertisement for Enzo Prestige car hire was about to be broadcast. He then added:
“You can hire any kind of cars from them, sports cars too. Listen to what they offer and we will meet you after a short break.”
Spring Mills Tyres and Kar Skip Hire
In the course of the programme on 1 September 2010, the presenter stated that Spring Mills Tyres was one of the programme’s sponsors. He then:
- described what tyres were available from the sponsor;
- commented on their quality and cost; and
- referred to the sponsor’s offers being available throughout Ramadan.
The presenter also recommended Kar Skip Hire, as “they have the smallest to the largest size of skips for wedding halls, marriages, etc.” He continued:
“Remember the name Kar Skip Hire. Their prices are very reasonable and they deliver fast. As soon as you dial their number, they will deliver the skip. Their skips are lying around roads and they deliver fast when needed. Their phone number is 01… for builders, mosques and domestic waste.”
Fast FM told Ofcom that Kar Skip Hire had not sponsored the programme and, contrary to the presenter’s statement on air, neither had Spring Mills Tyres.
Marlborough Garage
During the programme on 1 September 2010, the presenter conducted a broadcast competition feature, which included the following question:
“On which road is Marlborough Garage located? Does anybody know?”
The presenter made further references to Marlborough Garage, including:
“Everyone should be familiar with Marlborough Garage. It’s a familiar name of your city. There are many facilities available here, whatever the make of your car, new or old…”
Shandar Sweets
During the programme on 1 September 2010, the presenter said:
“We welcome Mr Majeed of Shandar Sweets. They make tasty sweets and delicious ghulab jaman. Though they make many kinds of sweets, we tend to remember those we like … and now the Eid festival is approaching fast, their message is that, if you need sweets for the festival, do come to us. Allah willing, we will see them on Great Horton Road for Eid shopping. When you go shopping, you will also need sweets for the guests. Mr Majeed says he will keep the shop open till late.”
We therefore asked the broadcaster to provide comments concerning the numerous references to products and services made throughout the programmes, each with regard to one or more of the following Code Rules:
- Rule 10.1: “Broadcasters must maintain the independence of editorial control over programme content”;
- Rule 10.2: “Broadcasters must ensure that the advertising and programme elements of a service are kept separate”;
- Rule 10.3: “Products and services must not be promoted in programmes…”;
- Rule 10.4: “No undue prominence may be given in any programme to a product or service”;
- Rule 10.5: “Product placement is prohibited;” and
- Rule10.12 (-1-): “Advertising must be clearly separated from programmes.
Advertisements must not appear in programme time, unless editorially justified.”
Response
Punjab Sweet House
Fast FM said it “did not receive any payments for running the competition”, adding that its on-air reference, “with whose cooperation we are presenting this programme”, was made in acknowledgement of the restaurant’s donation of a competition prize (a meal for four people). It added that, as Punjab Sweet House had made this donation, Fast FM had, in the programme, decided also to:
- broadcast an advertisement for the restaurant, which was running in a concurrent advertising campaign on the station; and
- ask a competition question based on information contained in that advertisement.
The broadcaster said it did not consider that the discussion in the programme about Punjab Sweet House was “an endorsement by the station”.
Enzo Prestige car hire
Fast FM said that it could not explain why the presenter mentioned Enzo Prestige car hire, “as he went on to play the advert during the next commercial break”.
Spring Mills Tyres and Kar Skip Hire
Fast FM said these businesses usually sponsored “the evening programme between 7-8 pm, Kar skip hire and Spring Mill tyres between 8-9 pm”, adding that, on this occasion, due to a live charity appeal running from 18:00 to 21:00, there was no mention of the sponsorship arrangement. The broadcaster said that, as sponsors of the earlier evening programme, the businesses would normally have “received a mention at the beginning and at the end of each [respective] hour sponsored.” It added that, during the late evening programme, “as … compensation … the presenter [therefore] took it upon himself to mention the [businesses] in greater details than permitted by codes of conduct”.
Marlborough Garage
Fast FM said that Marlborough Garage had donated the broadcast competition prize, which included a free MOT. It added that “running the competition was not an endorsement of the business”.
Shandar Sweets
Fast FM said it felt that “upon receiving a call from the business [the presenter] got carried away and discussed the products in detail”, adding that “no payments [were] received for this by the station or the presenter.”
In conclusion, the broadcaster reiterated that:
- it did not consider Fast FM had endorsed any of the businesses to which it had referred on air; and
- it had not received payment for any of the references referred to above.
It also said that:
- short-term licensees did not generally have resources to train presenters or recruit professional broadcasters and depended heavily on volunteers, many of whom were broadcasting for the first time; and
- although Fast FM endeavoured “to inform all the presenters and contributors regarding the codes and regulations”, mistakes, while likely, were not deliberate.
Decision
To comply with Section Ten of the Code, broadcasters may make references to products and services (including businesses) in programming only where they are:
- non-promotional;
- editorially justified; and
- not subject to a commercial agreement.
In the case of sponsored programming, references to the sponsor or its products/services (other than in sponsorship credits) must also be incidental.
Ofcom noted that, in this instance, although some aired references to local businesses implied that the late evening programme was sponsored, Fast FM explained why this was not the case. The broadcaster also confirmed that none of the references to any of the local businesses or their products/services had been made during the programme in return for payment or other valuable consideration. On the basis of this information, we could find no evidence to suggest that these references resulted from any form of product placement arrangement. We did not therefore consider that either of the broadcasts of the late evening programme under investigation was in breach of Rule 10.5 of the Code.
Further, from the information provided, such references in programming appeared to have been made entirely of the broadcaster’s or presenter’s own volition. Fast FM therefore appeared to have maintained editorial control over both broadcasts of the late evening programme, as required under Rule 10.1 of the Code.
Punjab Sweet House
Ofcom noted that the Punjab Sweet House had donated a meal for four people to Fast FM, which had run a competition for listeners to win it. Generally, broadcasters may credit briefly on air a business that has donated a broadcast competition prize, without such a passing reference to the business appearing unduly prominent. In this instance, however, the Fast FM presenter and his guest:
- discussed the restaurant with each other and with broadcast competition entrants, offering personal endorsements, such as, “All of their meals and sweets are very good”;
- asked a competition question about the restaurant ( “Tell us, what is the telephone number of Punjab Sweet House?”);
- based the competition question on the content of an advertisement that was running concurrently on Fast FM;
- broadcast the advertisement as part of programming (in addition to commercial breaks); and
- dedicated further programming (a hymn) “to the staff of Punjab Sweet House…”
We noted that Fast FM said it had dedicated a hymn to Punjab Sweet House in acknowledgement of its donation of the competition prize. Ofcom considered that not only was the reason for such a dedication likely to have been unclear to listeners, but all the references to Punjab Sweet House in the programme went far beyond what is acceptable under Rule 10.4 of the Code (“No undue prominence may be given in any programme to a product or service”). There appeared to be no editorial justification for such references and the late evening programme on 26 August 2010 was therefore in breach of Rule 10.4.
Further, personal endorsements of Punjab Sweet House (aired by the presenter and his studio guest), provision of its contact details (i.e. the answer to the competition question) and featuring in programming an advertisement for the restaurant (currently running as part of an advertising campaign), were promotional references to the restaurant, prohibited under Rule 10.3 of the Code (“Products and services must not be promoted in programmes”). The late evening programme on 26 August 2010 was therefore in breach of Rule 10.3.
These breaches were exacerbated by the fact that the advertisement featured in the programme was also being broadcast in Fast FM’s commercial breaks, as part of a concurrent advertising campaign for Punjab Sweet House. Rule 10.12 of the Code states that “advertising must be clearly separated from programmes” and “advertisements must not appear in programme time, unless editorially justified.” The purpose of the Rule is to ensure that programming is not distorted for commercial purposes, and does not appear to be distorted in such a way, when an advertisement is broadcast as part of programming. Fast FM:
- referred listeners to a current advertisement for Punjab Sweet House in programming;
- broadcast the current advertisement in programming; and
- repeated promotional material from the current advertisement (the restaurant’s contact details) in programming without any editorial justification for doing so.
The late evening programme on 26 August 2010 was therefore in breach of Rule 10.12.
Enzo Prestige car hire
Rule 10.2 of the Code states that “broadcasters must ensure that the advertising and programme elements of a service are kept separate”. Referring to all programming (not only programmes that feature advertisements), the purpose of the Rule is to ensure that programmes are not distorted for commercial purposes, and do not appear to be distorted in such a way. However, in this instance, the presenter:
- introduced listeners to an advertisement for Enzo Prestige car hire, which was about to be broadcast in a commercial break ( “…before that we are presenting an advert for Enzo Prestige car hire”); and
- promoted the company’s services ( “You can hire any kind of cars from them, sports cars too. Listen to what they offer…”).
Ofcom noted that Fast FM said it could not explain why the presenter mentioned Enzo Prestige car hire in programming. We agreed that there appeared to be no editorial justification for such references to an advertisement or advertiser. Further, we considered that the presenter promoted Enzo Prestige car hire in programming and that his reference to the advertiser in this way also blurred the separation of the advertisement itself from programming.
Therefore, in addition to further breaches of Rules 10.3 and 10.4 of the Code, the late evening programme on 26 August 2010 was also in breach of Rule 10.2.
Spring Mills Tyres and Kar Skip Hire
Ofcom noted that Fast FM said Spring Mills Tyres and Kar Skip Hire were sponsors of segments of the evening programme, which had been replaced on this occasion by an extended charity appeal. We also noted that the broadcaster would have normally credited them “at the beginning and at the end of each [respective] hour sponsored.” In this instance, however, during the following programme (i.e. the late evening programme), the presenter arbitrarily:
- stated on air, inaccurately, that the late evening programme was sponsored by Spring Mills Tyres ( “…Spring Mills Tyres are one of the sponsors of this programme…”); and
- promoted Spring Mill Tyres ( “If you need tyres of any size for any car, large or small, you may contact Spring Mills Tyres at Spring Mill Road. Spring Mills is well known and you can get good quality new or used tyres from them … They have good offers for you in this month of Ramadan”).
While the presenter did not also (inaccurately) credit Kar Skip Hire as a sponsor of the late evening programme, he did promote it ( “They have the smallest to the largest size of skips … Their prices are very reasonable and they deliver fast. As soon as you dial their number, they will deliver the skip … Their phone number is 01…”).
Ofcom therefore agreed with Fast FM, which admitted that these references had breached Code requirements. The references the presenter had decided to make to Spring Mills Tyres and Kar Skip Hire, in the late evening programme on 1 September 2010, had no editorial justification. Not only had neither business sponsored the broadcast, but the references to each were largely promotional. The programme was therefore in breach of Rules 10.3 and 10.4 of the Code.
Marlborough Garage
Ofcom noted that Marlborough Garage had donated a free MOT to Fast FM, which had run a competition for listeners to win it. As in the case of Punjab Sweet House, above, there appeared to be no editorial justification for referring to the donor, beyond airing a brief acknowledgement of its donation. However, again, the presenter:
- referred to the donor in a promotional manner (e.g. “They have a car wash as well. Whether you need a car wash, MOT or service, they have computerised systems and the latest technology. Whatever your vehicle, large or small, they will do it. For whatever service … Write their name in your diary…”); and
- asked a competition question about the garage ( “On which road is Marlborough Garage located?”).
These references to Marlborough Garage were therefore further breaches of Rules 10.3 and 10.4 of the Code in the late evening programme on 1 September 2010.
Shandar Sweets
Ofcom noted that Fast FM said the presenter “got carried away and discussed the products in detail”, when talking to a representative of the business.
The presenter welcomed “Mr Majeed of Shandar Sweets” and then proceeded to:
- endorse its products ( “They make tasty sweets and delicious ghulab jaman”);
- provide its location ( “…see them on Great Horton Road for Eid shopping”);and
- state that “Mr Majeed says he will keep the shop open till late.”
Again, there appeared to be no editorial justification for promoting the business in programming. This extended reference to Shandar Sweets was therefore a further of breach of Rules 10.3 and 10.4 of the Code in the late evening programme on 1 September 2010.
Fast FM stated that short-term licensees did not generally have resources to train presenters or recruit professional broadcasters. Ofcom recognises that these services often depend heavily on volunteers. Nevertheless, we would remind any such broadcaster that, even if it depends heavily on volunteers, compliance with the Code is required as a condition of its licence to broadcast.
While Fast FM said that it had endeavoured “to inform all the presenters and contributors regarding the codes and regulations”, it admitted that mistakes were likely, if not deliberate. From listening to these programmes, Ofcom found little evidence of any regard to Code compliance on the part of the broadcaster.
These breaches will be held on record and may be considered alongside any future applications for a restricted service licence from the licensee of this service.
Breaches of Rules 10.3 and 10.4 (on 26 August 2010 and 1 September 2010)
Breach of Rules 10.2 and 10.12 (on 26 August 2010)
Footnotes:
1.-At the time of the broadcast in question (26 August 2010), the relevant rule was Rule 10.12. From 1 September 2010, it was re-numbered as Rule 10.14 in the amended Section Ten of the Code; available at: http://stakeholders.ofcom.org.uk/broadcasting/broadcast-codes/broadcast-code/commercial-references/
In Breach
Bluebird
LivexxxBabes, 5 October 2010, 13:20
Introduction
LivexxxBabes is a channel broadcasting in the ‘adult’ section of the electronic programme guide on Sky channel number 950 without mandatory restricted access. The licence for the channel is held by Satellite Entertainment Limited (“SEL” or “the Licensee”). At the time indicated, the channel promoted a service on screen known and branded as Bluebird TV. Viewers were invited to contact onscreen female presenters via premium rate telephony services (“PRS”). The female presenters generally dressed and behaved in a flirtatious manner in order to elicit premium rate phone calls.
As a result of its concerns about compliance in this sector, Ofcom conducts monitoring exercises of daytime and adult sex chat channels. Ofcom noted that presenters on this service were smoking as part of their performance. In this particular broadcast on 5 October 2010 the female presenter smoked a cigarette heavily for a period of around three minutes, direct to camera and in close up.
Ofcom’s statutory duties in relation to broadcast advertising were contracted out to the Advertising Standards Authority (“ASA”) in 2004. The rules governing broadcast advertising are set by the Broadcast Committee of Advertising Practice (“BCAP”) with the approval of Ofcom. BCAP performs its function by setting, monitoring and amending the UK Broadcast Code of Advertising Practice (“the BCAP Code”), with Ofcom retaining back-stop enforcement powers. The investigation of complaints relating to daytime chat and adult sex chat broadcast services remain a matter for Ofcom. (Please see Ofcom’s statement published on 3 June 2010 (-1-)for further details).
Ofcom wrote to SEL, pointed out that daytime and adult sex chat broadcasts must comply with the BCAP Code, and requested formal representations in respect of the above broadcast under BCAP Code Rule:
10.3 (Advertisements must not promote smoking or the use of tobacco products.).
Response
SEL said that the BCAP Code was an industry code of practice and not set in law and it questioned Ofcom’s power to enforce the advertising industry’s own voluntary code of self-regulation. In response Ofcom explained that: under the Communications Act 2003 Ofcom is required to set advertising standards for the content of television programmes and that had Ofcom contracted out this function to BCAP, who in turn fulfilled this function in setting the BCAP Code; under a condition of their licences, licensees are required to observe the BCAP Code; and that Ofcom has powers to establish procedures for the handling and resolution of complaints about the observance of these standards. SEL did not provide any representations regarding compliance with the BCAP Code by the deadline given by Ofcom. In the absence of any representations from the Licensee, Ofcom proceeded to reach a decision on this material against the BCAP Code.
Decision
The Principle at the start of Section 10 of the BCAP Code (Prohibited categories) sets out that: “Broadcast advertisements for some products…are not permitted either because those products may not be legally advertised or because of a clear potential for harm…to the audience or to society”. BCAP Rule 10.3 states that “advertisements must not promote smoking or the use of tobacco products.”
Ofcom noted that this PRS-based daytime chat teleshopping programming featured a female presenter wearing skimpy lingerie and smoking heavily. The presenter was shown inhaling a cigarette and blowing smoke to the camera over a period of around three minutes. Ofcom noted that the smoking featured heavily in the broadcast at this time - albeit in an advertisement selling a daytime chat service. The camera closed in on the presenter’s face and showed her enjoyment of the inhalation and exhalation of the cigarette.
However, in Ofcom’s view: the advertisement’s focus was clearly on the act of smoking and the female presenter’s evident enjoyment of it; the prolonged and drawn out nature of the sequence promoted this activity as something desirable; and, the smoking was clearly intended to be an additional enticement to viewers to call in to this teleshopping channel.
Ofcom accepts that daytime chat (and indeed adult chat) services are broadcast for the purposes of generating PRS telephony income by showing female presenters behaving in a flirtatious manner. In this case, Ofcom noted that smoking was part of the presenter’s behaviour. However, the prolonged sequence of the smoking in this particular advertisement drew attention to the activity of smoking as a desirable activity such that in Ofcom’s opinion it promoted smoking or the use of tobacco products in breach of Rule 10.3 of the BCAP Code.
Ofcom considers that the promotion of smoking or an unacceptable product - such as tobacco - in long-form advertising which it regulates (such as PRS chat services) is a serious matter. Broadcasters of such advertising must ensure that they do not promote, whether directly or indirectly, smoking or any unacceptable products or services listed in Section 10 of the BCAP Code.
Breach of Rule 10.3 of the BCAP Code
Footnotes:
1.- See: http://stakeholders.ofcom.org.uk/consultations/participationtv3/statement/
In Breach
The Pad
Tease Me TV 2, 19 October 2010, 17:00 to 18:00
Introduction
The Pad is a televised daytime interactive chat advertisement broadcast on the service Tease Me TV 2 (Sky channel number 902) under a licence held by Playboy TV UK/Benelux Limited (“Playboy” or “the Licensee”). Playboy has compliance responsibility for all programmes broadcast on Tease Me TV 2 service, including The Pad. The service is available freely without mandatory restricted access and is situated in the 'adult' section of the Sky electronic programme guide ("EPG"). Viewers are invited to contact onscreen female presenters via premium rate telephony services (“PRS”). The presenters generally dress and behave in a flirtatious manner.
Ofcom received a complaint about the above broadcast. The complainant was concerned that the female presenter’s breasts were exposed and she was “adopting various sexual positions and behaving in a clearly overtly sexual manner”. The complainant also said that the presenter was “on all fours clearly simulating sexual intercourse” and “this content is clearly inappropriate for the time of day”.
Ofcom noted that the female presenter was wearing a revealing pink dress, which at times exposed a considerable amount of her breasts, and which was cut down at the back to reveal her buttocks. Underneath she was not wearing a bra but did was wearing a pink thong. During the broadcast the presenter positioned her buttocks to camera, bent over on all fours with her legs wide open and lay on her side with her legs open. While in these positions she repeatedly gyrated and thrust her hips. The presenter also walked up to the camera to show her breasts in close up, repeatedly touched and stroked her breasts and buttocks, and jiggled her breasts.
The rules governing broadcast advertising are set by the Broadcast Committee of Advertising Practice (“BCAP”) with the approval of Ofcom. BCAP performs its function by setting, monitoring and amending the UK Broadcast Code of Advertising Practice (“the BCAP Code”), with Ofcom retaining back-stop enforcement powers. The investigation of complaints relating to daytime chat and adult sex chat broadcast services – which are types of broadcast advertising - remain a matter for Ofcom. (Please see Ofcom’s statement published on 3 June 2010 (-1-) for further details).
Ofcom asked the Licensee for comments under the following rules of the BCAP Code:
Harm and Offence (section 4)
- Rule 4.2: “Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards.”
Scheduling (section 32)
- Rule 32.3: “Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.”
Response
Playboy said that “every effort was made to ensure the material broadcast was compliant, and appealed to the primary target audience, adult viewing daytime interactive content in the adult section of the BSkyB EPG”. It said that it was “satisfied that the majority of the broadcast in question complied with the [BCAP] Code”, however, it did accept that “there were short periods where actions of the presenter contained sexual overtones, which were unsuitable for broadcast before the watershed” and “were unsuitable for a younger audience”.
Playboy said that “a misunderstanding by one producer incorrectly allowed inappropriate material to air, for which we apologise”. It added that “tighter controls have been implemented to ensure that future changes are communicated correctly”.
Decision
Since 1 September 2010 all PRS-based daytime and adult sex chat television services have no longer been regulated as editorial content but as long-form advertising i.e. teleshopping. As stated above, from that date the relevant standards code for such services became the BCAP Code rather than the Broadcasting Code.
Rule 4.2 of the BCAP Code is substantially equivalent to Rule 2.1 of the Broadcasting Code which provides that: “Generally accepted standards must be applied to the contents of television and radio services so as to provide adequate protection for members of the public from the inclusion in such services of harmful and/or offensive material.” Rule 32.3 of the BCAP Code is substantially equivalent to Rule 1.3 of the Broadcasting Code which provides: “Children must also be protected by appropriate scheduling from material that is unsuitable for them.”
BCAP Code Rule 32.3 makes clear that children should be protected by relevant timing (and so appropriate scheduling) restrictions from material which is unsuitable for them. Appropriate timing and scheduling restrictions are judged according to factors such as: the likely number of children in the audience; the likely age of those children; and whether the advertisement was broadcast during school time or during school holidays. It should be noted that the watershed starts at 21:00 and broadcast advertising material unsuitable for children should not, in general, be shown before 21:00 or after 05:30.
Ofcom has made clear in previous published decisions what sort of material is unsuitable to be included in daytime interactive chat programmes without mandatory restricted access. These decisions were summarised in a guidance letter sent by Ofcom to daytime and adult sex chat broadcasters (including Playboy) in August 2009, and have been clarified subsequently by further findings (-2-).
In the context of daytime interactive chat programmes where the female presenters generally dress and behave in a provocative and/or flirtatious matter for extended periods in order to solicit PRS calls, Ofcom has underlined that the presenters should not, for example, appear to mimic or simulate sexual acts or behave in an overtly sexual manner and clothing should be appropriate for the time of broadcast.
Ofcom noted that during this broadcast the female presenter was wearing a very revealing outfit that at times exposed a considerable amount of her breasts and buttocks. While in this outfit the presenter adopted various sexual positions, including kneeling on all fours with her legs wide open and positioning her buttocks to camera. While in these positions the presenter repeatedly thrust her pelvis and buttocks as though mimicking sexual intercourse. She also repeatedly touched and stroked her breasts and buttocks in a sexually provocative manner. In Ofcom’s view, the revealing clothing, and repeated actions and sexual positions of the presenter were intended to be sexually provocative in nature and the broadcast of such images was not suitable to advertise daytime chat and could not be justified by the context in which it was presented. In light of this behaviour and imagery, Ofcom concluded that under BCAP Code Rule 32.3 the material during this daytime broadcast was clearly unsuitable for children. We also concluded under BCAP Code Rule 4.2 that, given the nature and scheduling of the material, it would cause serious or widespread offence against generally accepted moral, social or cultural standards.
Ofcom then considered under BCAP Code Rule 32.3 whether relevant timing or scheduling restrictions were applied by the Licensee. Ofcom noted that the channel is situated in the ‘adult’ section of the EPG. The broadcast was however transmitted without mandatory access restrictions, in the early evening after school hours (between from 17:00 and 18:00) when children may have been watching television, some unaccompanied by an adult; and there was no warning to viewers about the nature of the material shown or its unsuitability for children.
Taking into account the factors above, Ofcom has concluded that relevant timing and scheduling restrictions were not applied so as to offer adequate protection to children or ensure that the programming did not cause widespread offence against generally accepted moral, social or cultural standards. Therefore Ofcom concluded that this material breached Rules 4.2 and 32.3 of the BCAP Code.
As part of correspondence prior to Ofcom agreeing to license Playboy to provide the service Tease Me TV 2, we were informed by Playboy that the Licensee would be “acquiring content for it [i.e. this service] from an established producer” but “the service will be an original service not a simulcast of an existing one”. In addition, Playboy assured Ofcom that it: “will continue to have editorial control and editorial responsibility for the channel”; “will have a second tier of compliance checking”; and “will also have a significant amount of editorial input during pre-production, and throughout the production process as necessary”.
Recently in August 2010 Ofcom recorded a breach of the Broadcasting Code against Playboy for content broadcast on the service Tease Me TV 2 (-3-). This finding stated that we “will expect, in future, Playboy to have in place adequate compliance arrangements”. Ofcom is therefore concerned that despite this previous guidance Playboy did not have adequate compliance arrangements and staff in place on this occasion to ensure that the material acquired from the third party producer was compliant with the relevant Code. Ofcom considers this breach of the BCAP Code a serious matter and should there be any similar contraventions, Ofcom will consider further regulatory action.
Breach of Rules 4.2 and 32. 3 of the BCAP Code
Those services operating in the sector of daytime and adult chat should be aware that Ofcom will not tolerate repeated breaches of the Code in this area. Ofcom has serious concerns about industry compliance in this area and we will not hesitate to take appropriate enforcement action where necessary (which may include fines and revocation of licences).
Footnotes:
1.-See: http://stakeholders.ofcom.org.uk/consultations/participationtv3/statement/
2.- Early Bird, Tease Me TV (Freeview) cases, Broadcast Bulletin 169 at http://stakeholders.ofcom.org.uk/enforcement/broadcast-bulletins/obb169/ Elite Days, Elite TV 2, 6 August 2010, 12:24 and Early Bird, Tease Me TV (Freeview), 27 July 2010, 07:30 to 07:50, Broadcast Bulletin 168 at http://stakeholders.ofcom.org.uk/enforcement/broadcast-bulletins/obb168/; Early Bird, Tease Me TV (Freeview) 25 July 2010, 07:25 to 07:45, Broadcast Bulletin 165 at http://stakeholders.ofcom.org.uk/enforcement/broadcast-bulletins/obb165/; Earlybird, Tease Me TV, 3 June 2010, 05:45 and 08:00, Broadcast Bulletin 164 at http://stakeholders.ofcom.org.uk/enforcement/broadcast-bulletins/obb164/; Earlybird, Tease Me TV, 30 January, 20 March, 27 April 2010 and Earlybird, Tease Me, 21 April 2010 – all Findings in Broadcast Bulletin 163 at http://stakeholders.ofcom.org.uk/enforcement/broadcast-bulletins/obb163/; Tease Me: Earlybird, Tease Me TV (Freeview), 15 February 2010, 05:30 and Tease Me: Earlybird, Tease Me TV (Freeview), 25 January 2010, 07:15 – both Findings in Broadcast Bulletin 158 at http://stakeholders.ofcom.org.uk/enforcement/broadcast-bulletins/obb158/; The Pad, Tease Me, 26 February, 11:45, The Pad, Tease Me 3, 27 February 2010, 11:45, Tease Me: Earlybird, Tease Me TV (Freeview) 26 January 2010, 07:15 - all in Broadcast Bulletin 157 at http://stakeholders.ofcom.org.uk/enforcement/broadcast-bulletins/obb157/; The Pad Tease Me, 6 November 2009, 12:00 to 13:00 and 14:00 to 15:00, Broadcast Bulletin 152 at http://stakeholders.ofcom.org.uk/enforcement/broadcast-bulletins/obb152/; Elite Days, Finding in Broadcast Bulletin 151 at http://stakeholders.ofcom.org.uk/enforcement/broadcast-bulletins/obb151/
3.-Bang Babes, Tease Me TV 2, 22 May 2010, 03:35 to 04:00, published in Broadcast Bulletin 164 (23 August 2010)
at http://stakeholders.ofcom.org.uk/enforcement/broadcast-bulletins/obb164/.
Resolved
This Morning
ITV1, 27 October 2010, 10:30
Introduction
This Morning is a daytime magazine programme broadcast live in weekday mornings on ITV1. Towards the end of this show, while off camera and during a preview of the next morning’s show, presenter Ruth Langsford was heard to say: “hang on, we’re not there yet…fuck.” Ofcom received sixteen complaints from viewers who considered this language to be unsuitable given the morning scheduling of the programme.
Ofcom therefore contacted ITV Broadcasting Limited (“ITV”), who complied the programme on behalf of the ITV Network for ITV1, and sought its comments under Rule 1.14 of the Code (“The most offensive language must not be broadcast before the watershed…”).
Response
ITV said it regretted the broadcast of this offensive language, and stated that all presenters are well aware of the need to avoid such language in daytime programmes. On this occasion, the use of the language was completely unintentional, unforeseen and inadvertent: Ruth Langsford had been moving to another part of the studio for the next item and accidentally tripped over a cable. She did not realise her words would be picked up by viewers as she was off camera and another item was being broadcast.
ITV explained that the programme gallery team quickly sought to check whether the word had been broadcast, but by the time confirmation was received the programme was coming to an end and it was not possible for the presenters to apologise immediately on air.
ITV said that the presenter apologised via her Twitter account later that day, and apologised directly to viewers on air at the start of the next day’s edition of This Morning. ITV also confirmed that the offensive language was removed from the programme before it was made available on ITV’s catch up video on demand services.
Decision
Our research indicates that the word “fuck” and its derivatives are an example of the most offensive language. Rule 1.14 states that the most offensive language must not be broadcast before the watershed.
Ofcom recognised that the programme was broadcast live and noted the circumstances of the incident, the various apologies given by the presenter and the action taken to remove the offensive language from on demand services. Ofcom therefore considers the matter resolved.
Resolved
The full document (Advertising Scheduling Cases / Other Standard cases / Fairness & Privacy cases) is available below
