On 22 Feb Ofcom published a £30,000
sanction against a broadcaster called Al-Alamia TV relating to a competition broadcast in October 2011. The licence was held by Biditis Limited.
The breach decision was published in Broadcast
Bulletin 209 on 9 July 2012, so it has taken Ofcom 7 months to decide to impose a fine. They took until 26 Nov to reach a Preliminary View.
Four episodes of Miss Arab London 2011 were found in breach. Sponsors were not identified as such, there were competition irregularities and there was no independent verification of phone voting.
Biditis is a small broadcaster with just 10 staff and only 2 at the time. Errors were made counting phone votes and in the timing of invitations for phone votes. The wrong candidate was put through to the next stage. Four businesses were visited by contestants in segments that Ofcom decided were promotional. Two other businesses were similarly promoted, but with no sponsorship arrangements.
Judges decided the winner. There were prizes for two runners up, "Talent" and "Popularity" based on phone votes.
Bitilis accepted that the breach warranted a fine, but felt that felt it should not be disproportionate. They had not intentionally broken the rules. The Licensee submitted that the actual or potential harm to viewers was “very minimal”. 82 votes were cast for the contestant that lost out. International callers were not charged for votes as the number was not active. Four contestants withdrew but premium rate votes could still be cast for them, however noone actually did.
The Licensee stated that it made a minimal financial gain as a result of the breaches. It made £75.11 as a result of the miscalculation of votes for contestant 14. 950 votes were received from UK viewers at £1.50. Total SMS revenue was £1,425 and the broadcaster recrived £844.23 after deductions. Sponsorship revenue went direct to the production company. This was a first offence.
Ofcom felt that viewers might have been charged for votes after phone lines closed and that these would not have been recorded. Ofcom also felt that international callers might have been charged - operators systems vary.
It is clear that mistakes were made, but £30,000 seems high in relation to the number of votes, audience and harm caused.