OFCOM FINES CHANNEL 5 BUT NOT C4'S 'BIG BROTHER'
(26 June 2007)

Ofcom has fined Channel 5 £300,000 for breaches of the Broadcasting Code in the transmission of the quiz programme, 'Brainteaser' on Channel 5. This is the largest financial penalty imposed on a public service broadcaster by Ofcom. Ofcom has also directed Channel 5 to broadcast a summary of Ofcom’s finding on two separate occasions.

Ofcom has found Channel 5 in breach of Rule 2.11 of the Ofcom Broadcasting Code (“Competitions should be conducted fairly…”) for faking winners and misleading its audience on five separate occasions in its programme 'Brainteaser' during 2007. Ofcom also found that 11 further similar or identical instances of unfair competitions in 'Brainteaser' and its spin-off programme 'Memory Bank' also broadcast on Five.

This is one of a number of current Ofcom investigations into individual programmes in the area of Call TV. These are being dealt with on a case-by-case basis and several of them will be concluded over the summer. Separately, the inquiry led by Richard Ayre into the use of premium rate telephone services in television programmes, is ongoing. The findings of the inquiry will also be published this summer.

Commenting on the investigation, Ed Richards, Ofcom Chief Executive, said: “We take these issues extremely seriously and will not hesitate to protect viewers’ interests. Every broadcaster needs to take very careful note of this decision.”

CHANNEL 4'S 'BIG BROTHER' NOT FINED

Ofcom published its Adjudication on Channel Four's broadcast of Celebrity Big Brother 2007 on 24 May 2007. The investigation followed an unprecedented 45,000 viewer complaints of racist bullying of Bollywood star Shilpa Shetty in 'Celebrity Big Brother'. Ofcom's investigation found that Channel Four made serious editorial misjudgements, compounded by a serious failure of its compliance process. Ofcom therefore found Channel Four in breach of the Broadcasting Code and imposed a statutory sanction on Channel Four.

The statutory sanction imposed by Ofcom directs Channel Four to broadcast a summary of Ofcom’s finding on three separate occasions. This will be at the start of:

- the first programme of the new series of Big Brother;
- the first re-versioned programme the following morning;
- the first eviction show.

Ofcom’s finding and the direction also apply to S4C because it also broadcasts Channel Four’s Celebrity Big Brother programming.

Commenting on the investigation, Ed Richards, Ofcom Chief Executive, said: "Ofcom takes allegations of racist abuse and bullying on television extremely seriously. An unprecedented number of complaints were received and, whilst Celebrity Big Brother was still on-air, we launched a full investigation.

"It is essential that Broadcasters are able to air challenging and controversial material but in doing so they must have effective compliance procedures in place and must exercise their editorial duties responsibly."