SportXXXGirls, 10 August 2011, 18:20
Bluebird TV is interactive daytime chat advertising content broadcast on the babe channel SportXXXGirls. The licence for the service is held by Satellite Entertainment Limited (SEL)
A complainant alerted Ofcom to the broadcast of offensive language during Bluebird TV at 18:30 on 10 August 2011.
After inviting viewers to contact the studio, the female presenter placed the microphone beside her but it was not then muted. As a result, her conversation with three callers and a woman off-screen was broadcast over a 20 minute period.
During the three telephone conversations with callers only the presenter’s side of the conversation could be heard and her speech was not always clearly audible. At other times however her words were clearly audible. For example:
get your big dick out … slide it in inch by fucking inch into my pussy aren’t you?
Between telephone calls, a conversation between the presenter and a woman off- screen was also clearly audible. That conversation included the following phrases:
…and to get money out of him is fucking hard as fuck
…fucking in here now
Ofcom considered the material raised issues warranting investigation under the following BCAP Code rules.
- Rule 4.2 Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards.
- 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.
The Licensee SEL apologised for any offence caused and stated:
…there was a specific technical fault which did occur with one of our microphones at this specific time. Upon investigation … it has been confirmed that there were audio problems with this specific microphone. Additional equipment checks have also been introduced to minimise [the] risk of this problem occurring again.
Ofcom Decision: Breach of BCAP Code Rules 4.2, 32.3
Ofcom considered under BCAP Code Rule 32.3 whether relevant timing or scheduling restrictions were applied to these broadcasts by the Licensee. In Ofcom’s view this material clearly exceeded the expectations of the audience for this daytime chat channel at 18:30. Ofcom concluded that relevant timing and scheduling restrictions were not applied to the broadcasts so as to offer adequate protection to children and therefore the material was in breach of Rule 32.3.
Ofcom concluded that relevant scheduling restrictions were not applied so as to ensure that the material which was broadcast was not capable of causing serious or widespread offence against generally accepted moral, social or cultural standards. The material was therefore in breach of BCAP Code Rule 4.2.
Ofcom was very concerned that this broadcast of the most offensive language appeared to go undetected by the broadcaster for approximately 20 minutes. Ofcom considered this raised serious questions about the robustness of the Licensee’s existing compliance procedures and expects SEL to review its compliance arrangements thoroughly as a result of this incident to ensure there are no further contraventions of a similar nature.
Ofcom has recently recorded a number of serious and repeated breaches of the BCAP Code3 against SEL. These are being considered for the imposition of a statutory sanction. This present contravention of the BCAP Code is another example of very poor compliance by the Licensee and may be taken into account as part of its compliance record when Ofcom considers the imposition of a sanction against SEL.