Ofcom Watch

Adam Baxter, Ofcom Director of Standards and Audience Protection writes:

Over the year, we received 36,543 complaints about over 9,500 issues, and completed 74 broadcast standards investigations. We found in 66 of these cases that our rules had been broken. We also completed 45 fairness and privacy investigations during the year, of which six complaints were upheld. These figures show the weight we place on freedom of expression, and that we only step in when it's really needed.

Importantly, this number doesn't include complaints about programmes on the BBC. These are handled by the BBC in the first instance. In the summer, we told the BBC that we expect it to improve how it handles complaints from viewers and listeners. And we were pleased to see it recently announce that it would be changing its processes to make it easier for people to complain.

2022's list of most complained about programmes is, once again, dominated by reality TV -- in particular ITV's Love Island and I'm a Celebrity Get Me Out of Here! Given the large viewing figures, and the headlines and conversations created by these shows -- both online and offline -- it is not surprising to see them topping our chart.

Top ten complaints:

• Love Island, ITV2, 17 July - complaints related to alleged misogynistic and bullying behaviour by some contestants in the villa.
• I'm a Celebrity.... Get me out of here!, ITV, 6-27 November - viewers objected to the inclusion of Matt Hancock in the series.
• Friday Night Live, Channel 4, 21 October - complaints related to a performance by Jordan Gray.
• Love Island, ITV2, 19 July - complaints related to alleged misogynistic and bullying behaviour by some contestants in the villa.
• Good Morning Britain, ITV, 15 February - complaints related to comments made by Richard Madeley about death threats made to Keir Starmer.
• Jeremy Vine, Channel 5, 24 January - viewers complained about a health consultant's inaccurate statement about numbers of unvaccinated people in hospital with Covid-19.
• Love Island, ITV2, 18 July - complaints related to alleged misogynistic and bullying behaviour by some contestants in the villa.
• I'm a Celebrity.... Get me out of here!, ITV, 13 November - viewers objected to bullying behaviour against Matt Hancock.
• FIFA World Cup Final 2022: Argentina v France, ITV, 18 December - complaints related to politicised comments from Gary Neville.
• Sky News, Sky News, 10 September - a Justice for Chris Kaba walk was reported as people on their way to pay tribute to the late Queen. Ofcom is investigating whether this breached our rules on due accuracy.

The Andinia Plan on Islam Channel
22 February 2021, 21:00

Islam Channel is an Islamic-focused, English language satellite television channel broadcasting a range of content to the Muslim community in the UK.

The Andinia Plan was a one-hour documentary programme which was broadcast on 21 February 2021. It examined a conspiracy theory known as the Andinia Plan that alleges there is a plan to establish a Jewish state in Patagonia, the southern region of South America governed by Argentina and Chile.

Ofcom received one complaint that the programme contained antisemitic statements and views that amounted to hate speech against Jewish people.

Ofcom Conclusion

The breaches of the Code resulting from the broadcast of this potentially very harmful and highly offensive antisemitic hate speech are serious.

We are therefore putting the Licensee on notice that we will consider these breaches for the imposition of a statutory sanction.

The BBC is shaking up its complaints process after TV censor Ofcom told it to be more open with its feedback.

The broadcaster will make its online complaints page easier to find and use. It also aims to improve how editorial teams respond to complaints. BBC director-general Tim Davie claimed:

Trust is a core value of the BBC. If audiences want to raise a complaint they must be dealt with swiftly, fairly and consistently. The process must be easy to understand.

It will be interesting to see if the BBC continues its policy of never actually publishing what is being complained about. The BBC merely acknowledges that complaints have been received about a programme, and then often provides a wishy washy response with out addressing details of the complaint.

The Information Commissioner's Office (ICO) and Ofcom have set out how we will work together to ensure coherence between the data protection and the new online safety regimes.

Our joint statement builds on our existing cooperative approach to regulation - and on our close working relationship established as co-founders of the Digital Regulation Cooperation Forum.

In anticipation of Ofcom taking on new duties in 2023 under the Online Safety Bill, the statement sets out our shared regulatory aims. We want:

• people who use online services to have confidence that their safety and privacy will be upheld and that we will take prompt and effective action when providers fail in their obligations; and

• providers of online services of all sizes to comply with their obligations and to continue to innovate and grow, supported by regulatory clarity and free from undue burden.

To achieve this, the ICO and Ofcom will work closely together to achieve maximum alignment and consistency between the data protection and online safety regimes. We will:

• maximise coherence by ensuring our policies are consistent with each other's regulatory requirements -- and consult closely when preparing codes and guidance. We will seek solutions that enhance users' safety and preserve their privacy. Where there are tensions between privacy and safety objectives, we will provide clarity on how compliance can be achieved with both regimes; and

• promote compliance by setting clear expectations for industry on what they must do to meet both their online safety and data protection requirements. That includes particular support through the transition for small and emerging firms to help them thrive and grow. We will take action against services that don't meet their obligations, sharing information and intelligence as appropriate and coordinating approaches to enforcement.

UK adult sites not doing enough to protect children

Smaller adult video-sharing sites based in the UK do not have sufficiently robust access control measures in place to stop children accessing pornography, Ofcom has found in a new report.

Ahead of our future duties in the Online Safety Bill, Ofcom already has some powers to regulate video-sharing platforms (VSPs) established in the UK, which are required by law to take measures to protect people using their sites and apps from harmful videos.

Nineteen companies have notified us that they fall within our jurisdiction. They include TikTok, Snapchat, Twitch, Vimeo, OnlyFans and BitChute; as well as several smaller platforms, including adult sites.

Ofcom is concerned that smaller UK-based adult sites do not have robust measures in place to prevent children accessing pornography. They all have age verification measures in place when users sign up to post content. However, users can generally access adult content just by self-declaring that they are over 18.

One smaller adult platform told us that it had considered implementing age verification, but had decided not to as it would reduce the profitability of the business.

However, the largest UK-based site with adult content, OnlyFans, has responded to regulation by adopting age verification for all new UK subscribers, using third-party tools provided by Yoti and Ondato.

According to new research we have published today, most people (81%) do not mind proving their age online in general, with a majority (78%) expecting to have to do so for certain online activities. A similar proportion (80%) feel internet users should be required to verify their age when accessing pornography online, especially on dedicated adult sites.

Over the next year, adult sites that we already regulate must have in place a clear roadmap to implementing robust age verification measures. If they don't, they could face enforcement action. Under future online safety laws, Ofcom will have broader powers to ensure that many more services are protecting children from adult content. Some progress protecting users, but more to be done

We have seen some companies make positive changes more broadly to protect users from harmful content online, including as a direct result of being regulated under the existing laws. For example:

TikTok now categorises content that may be unsuitable for younger users, to prevent them from viewing it. It has also established an Online Safety Oversight Committee, which provides executive oversight of content and safety compliance specifically within the UK and EU.

Snapchat recently launched a parental control feature, Family Center, which allows parents and guardians to view a list of their child's conversations without seeing the content of the message.

Vimeo now allows only material rated all audiences to be visible to users without an account. Content rated mature or unrated is now automatically put behind the login screen.

BitChute has updated its terms and conditions and increased the number of people overseeing and -- if necessary -- removing content.

However, it is clear that many platforms are not sufficiently equipped, prepared and resourced for regulation. We have recently opened a formal investigation into one firm, Tapnet Ltd -- which operates adult site RevealMe -- in relation to its response to our information request.

We also found that companies are not prioritising risk assessments of their platforms, which we consider fundamental to proactively identifying and mitigating risks to users. This will be a requirement on all regulated services under future online safety laws.

Over the next twelve months, we expect companies to set and enforce effective terms and conditions for their users, and quickly remove or restrict harmful content when they become aware of it. We will review the tools provided by platforms to their users for controlling their experience, and expect them to set out clear plans for protecting children from the most harmful online content, including pornography.