Donald Macleod
96.3 Rock Radio, 26 September 2008, 19:40

96.3 Rock Radio is a classic rock commercial radio station, operated by GMG Radio. It is broadcast in Glasgow, Renfrewshire and on DAB Digital Radio in Edinburgh. Donald Macleod, a Scottish music industry entrepreneur and newspaper columnist, presents a show on weekdays from 18:00 to 22:00 .

During the broadcast in question, the presenter said the following when introducing the song Black Hole Sun by Soundgarden:

Barack Obama’s favourite song. Your Mum’s got a big black hole, son.

A listener contacted Ofcom to complain, stating that this comment was racist.

Ofcom considered Rule 2.3 (“in applying generally accepted standards broadcasters must ensure that material which may cause offence is justified by the context”).

Ofcom Decision Breach of Rule 2.3

Ofcom noted the broadcaster’s response that, although completely ill advised and regrettable, the comment was not intended by the presenter to cause offence. Ofcom also noted the apologies made by the presenter.

Ofcom does not assess whether behaviour or language is racist; this is a matter for relevant authorities. However, Ofcom does require that generally accepted standards are applied in radio programmes. It is concerned that this comment, which clearly is potentially offensive on the grounds of race, had been included in a broadcast without due consideration for the way it may have been interpreted by listeners and without any apology within the programme itself. Ofcom concluded that the comment was not justified by the context and breached generally accepted standards. It was therefore in breach of Rule 2.3.

[Ofcom do not assess racist comments...BUT...they do assess potential racist comments and punish accordingly. This logic came up for the IWF this week too, they cannot assess child porn ..BUT.. censor potential child porn images anyway.

What's up with a country where even censors cannot determine whether things are illegal or not so punish things that are potentially illegal].

Harry and Paul
BBC1, 26 September 2008, 21:00

Ofcom received 42 complaints regarding a sketch in the Harry and Paul show which depicted a so-called upper class character, played by Harry Enfield, encouraging a Northern man - whom he treats as his dog - to mate with his neighbour’s Filipina maid. The scene showed the Northerner, known as Clive, failing to show interest in the maid and the Harry Enfield character shouting encouragement and urging Clive to mount her before sending the maid back to the neighbour’s home.

The complainants expressed concern that the sketch was offensive to the Filipino community and women in general, by presenting the Filipina as an object of sexual gratification.

Ofcom Decision

Ofcom recognises the sensitivities involved when comedy makes reference to or represents any particular ethnic community in the United Kingdom . In this case it was a Filipino who featured in the broadcast. We therefore considered this material in the light of Rule 2.3 (generally accepted standards) which says that …broadcasters must ensure that material which may cause offence is justified by the context…

This particular sketch was one of a number which ran throughout the series in which Harry Enfield plays an extreme comedy stereotype of an upper class toff living in the South of England. This caricature has little sensitivity to those outside of his social class. Consequently, he treats Clive like his dog. It is in this context that the sketch showed the Harry Enfield character encouraging Clive to mate with his neighbour’s domestic help, for whom he also has little or no respect.

Whilst Harry and Paul is a new series, Harry Enfield and Paul Whitehouse are long established comedians whose style of humour often focuses on presenting characters in an exaggerated and stereotyped way for comic effect. The comedy frequently comes from the absurdity of the situation.

In terms of the degree of offence and the likely expectation of the audience, we considered whether the material was justified by the context of the sketch as a whole.

As noted above, this item featured established comedians and the sketch was typical of the material presented by Harry Enfield and Paul Whitehouse in this, and other series. Therefore it is Ofcom’s view that the material would not have exceeded the likely expectation of the vast majority of the audience.

Further, in Ofcom’s view, there was no intention to ridicule women or the Filipino community in this sketch. The target of the humour was very clearly the upper class character played by Harry Enfield who holds such a deluded view of his social superiority that he treats individuals with lower social status with ridiculous disdain. The Filipina domestic help was featured as a character in the sketch to highlight this extreme and ridiculous behaviour.

Comedy often, and rightly, engages with challenging and sensitive subjects such as social class. In this respect Ofcom must regulate potentially offensive material in a manner that also respects freedom of expression – the broadcasters’ right to transmit information and the viewers’ right to receive it. Ofcom must therefore seek an appropriate balance between protecting members of the public from harm and offence on the one hand and the broadcaster’s right to freedom of expression on the other, taking into account such matters as context.

Although this sketch may have caused offence to some individuals, it explored the issue of social class in an absurd way which was not intended to reflect real life. In our view this was the approach and effect of this sketch. On balance, it is Ofcom’s view that the material did not breach generally accepted standards because it was justified by the context.

Not in Breach

Top Gear
BBC Two, 2 November 2008, 20:00

Top Gear is a car-focused magazine programme primarily aimed at car enthusiasts. In this edition, the three presenters were given the challenge of customising second-hand lorries and performing certain tasks to experience being an HGV driver.

In one sequence, while discussing the upcoming lorry challenge Jeremy Clarkson said to the other presenters: What matters to lorry drivers? Murdering prostitutes? Fuel economy?

A few minutes later, whilst driving a lorry, Jeremy Clarkson said: This is a hard job [driving a lorry] and I’m not just saying this to win favour with lorry drivers: change gear; change gear; change gear; check your mirrors; murder a prostitute…

Ofcom received 339 complaints about comments made by Jeremy Clarkson concerning lorry drivers.

Ofcom considered these complaints under Rule 2.3 (material that may cause offence must be justified by the context).

Ofcom Decision

Top Gear is a long-running entertainment programme and viewers, in general, have come to expect a certain level of outspoken, adult-oriented humour from the presenters.

Taste in comedy can vary widely between people and Ofcom recognised that the comments made by Jeremy Clarkson could be offensive to some people. Ofcom is not an arbiter of good taste but rather it must judge whether a broadcaster has applied generally accepted standards by ensuring that members of the public were given adequate protection from offensive material.

On this occasion, Ofcom accepts that the comments made by Jeremy Clarkson could shock some viewers. However, Ofcom did not believe the intention of the comments could be seen to imply that all lorry drivers murder prostitutes, nor would it be reasonable to make such an inference. In Ofcom’s view, the presenter was clearly using exaggeration to make a joke, albeit not to everyone’s taste. The comments should therefore been seen in that context.

It is often the case that humour can cause offence. To restrict humour only to material which does not cause offence would be an unnecessary restriction of freedom of expression. Ofcom considered that the large majority of the audience would have understood the comments as being made for comic effect, and were in keeping with what would normally be expected from this presenter in this particular programme.

Given the intent of the comment, the context of the programme and the time of broadcast, Ofcom concluded that the broadcast of this material was justified by the context. Therefore, the programme was not in breach of Rule 2.3.

Not in Breach

Nemone
BBC 6 Music, 12 September 2008, 13:00

Nemone is a daily magazine programme hosted by the DJ Nemone Metaxas. This edition featured an interview with American comedian Doug Stanhope. During the interview, Stanhope commented that the Republican vice-presidential candidate, Sarah Palin, was a suitable target for his satirical style of humour.

The interview included the following:

Doug Stanhope: [Ms Palin] is a 44 year-old mother of five, two of which are retarded.

Nemone Metaxus: These are your, [laughs] obviously, your views…

Doug Stanhope: One’s got Down’s Syndrome and the other volunteered for Iraq . So that’s two retards out of five.... Oh nothing. They give me nothing, nothing but blank looks.

Nemone Metaxus: Doug this is your opinion, your opinion of what’s happening back home, so obviously, if something kicks off in America …

Doug Stanhope: For Pete’s sake, don’t stare at me like that. The woman has a baby with Down’s Syndrome; how can America get behind her when even God obviously hates her. [laughs]

Ofcom received a complaint from a listener who was offended by Stanhope’s use of the word retarded to describe someone with Down’s Syndrome. The complainant was also concerned that the presenter did not seriously challenge these remarks or apologise to listeners.

Ofcom considered Rule 2.3 of the Code which requires material that may cause offence to be justified by the context.

Ofcom Decision

Ofcom notes that the comedian made references to individuals as retarded. Research indicates that views on this term are split. It is considered by some to be highly offensive, while others are less concerned by its use.

Ofcom acknowledges that BBC 6 Music attracts a predominantly adult audience and that regular listeners who are familiar with the irreverent style of its presenters and guests may not necessarily find the use of words such as retard offensive.

When dealing with generally accepted standards, the Code refers specifically to offence that may be caused by discriminatory treatment and language based on disability. In this case, the word retarded was used in a particularly derogatory manner. Further, references to Down’s Syndrome were also made in a clearly offensive way. First, a child with Down’s Syndrome was described as retarded. Second, there was a highly offensive comment which described Down’s Syndrome as a form of punishment by God. Both of these, in Ofcom’s opinion, went well beyond generally accepted standards and the audience’s expectations for this programme. In this case in was clear that the context did not justify these offensive comments.

Ofcom was also concerned that during the broadcast the presenter did not give what it considered to be a sufficient reprimand or apology, which could have served to reduce the offence.

Ofcom concludes that this programme was in breach of Rule 2.3 of the Code.