CHANNEL FINED £25,000
Ofcom have fined Believe TV £25,000 for serious and repeated breaches of the rules 2.1 and 4.6 between 21 Dec 2010 and 4 Jan 2011.
Notable points include the reduced fine because revenue dropped as a result of pulling non compliant shows, and increased risk of harm because of the self selecting nature of the audience.
Wonder if Ofcom would reduce a babeshow fine for similar reasons, or accept that the risk of harm and offence was less because of the self selecting nature of the audience?
http://stakeholders.ofcom.org.uk/binarie...imited.pdf
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Rule 2.1 “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 4.6 “Religious programmes must not improperly exploit any susceptibilities of the audience”
Ofcom noted:
examples of: Paul Lewis, in the programmes Paul Lewis Ministries broadcast on 21 December 2010 and 22 December 2010, preaching directly to camera and providing ”healing” direct to individuals through the use of his "Miracle Olive Oil Soap‟; and Bishop Climate Irungu, in the programmes Bishop Climate Irungu Ministries, broadcast on 4 January 2011, providing testimony of “healing” direct to camera; and
“testimonies” of congregation members (supported by statements by Pastor Alex Omokudu), which clearly encouraged viewers to believe that the healing or treatment of very serious illnesses, including cancer, diabetes, and heart problems could be achieved exclusively through healing provided by being anointed with a product such as olive oil soap, Ribena or oil. (para 7)
Given that the content was also soliciting a response from viewers and such individuals experiencing serious illnesses may be vulnerable to the healing claims being made, Ofcom found there was a material risk that susceptible members of the audience may be exploited by the material broadcast on Believe TV, in breach of Rule 4.6. (para 8)
The Finding also referred to previous decisions by both the Advertising Standards Authority (the “ASA”) and Ofcom concerning content containing similar claims by Paul Lewis which had been broadcast on other channels (in 2007 and 2008) (para 9)
In its preliminary view Ofcom was minded to impose a fine of £35,000. (para 36)
Section 4 of the Cancer Act 1939 makes it a criminal offence for anyone to publish an “advertisement” offering to treat anyone with cancer or give any advice in the connection or treatment of cancer. Whilst the editorial content on Believe TV may not be interpreted strictly as an “advertisement”, the existence of such a crime on the statute book highlights that Parliament considered the public provision of any advice on how to treat cancer to be in a special category, and therefore that it should be tightly regulated in the public interest and only made by those specially authorised to do so. (paras 29, 40)
The fine was reduced because the actual level of revenue was lower than forecast "because the Licensee‟s “revenue [has] dipped as our compliance team had to reject a lot of contents as they were not compliant" (para 57) and Believe TV had rejected a number of pieces of programming which it had deemed to be non-compliant with the Code and that this was evidenced by the a significant reduction in revenue from the second quarter of 2011 (para 58).
Ofcom considered the cumulative effect of the repeated “testimony” or faith healing to be significant because ... the self selecting audience of Believe TV ... were less likely to question the content broadcast and be susceptible to the claims presented (para 32)