DM Digital has had three raps and one for MATV in the latest round of breaches announced by media regulator Ofcom.

Last month DM Digital was fined £15,000 over a programme it aired by the name of 'Health is Wealth' transmitted on Thursday 8th March 2007. The latest bulletin from Ofcom has indicated that it has imposed a statutory sanction on DM Digital for five breaches. These included programme influences by a sponsor, which the media regulator objects.

Ofcom said it has very serious concerns about this Licensee (DM Digital) and its compliance ability. DM Digital will be attending a meeting held by Ofcom to discuss the numerous breaches.

The latest bulletin also has Ofcom rapping DM Digital for the promotion of premium rate services during programme content. These breaches related to DM Digital not holding the correct prior permission certificate for a live tarot service, keeping callers on hold for lengthy periods of time and lack of clear on-screen pricing information. PhonepayPlus fined the service provider £25,000.

Ofcom was concerned that the broadcaster had failed to ensure sufficient oversight of premium rate services promoted within its programmes and to understand its own responsibilities regarding those services. Ofcom also noted that viewers calling the tarot service
were kept on hold for lengthy periods of time and suffered financial loss. Ofcom found this a serious breach of the broadcasting code and has will retain these details on record.

There was further bad news for DM Digital, with a third complaint on its breakfast show 'Good Morning Manchester'. In an interview with Mr Shah, a herbalist and homeopath on 11th and 12th February 2008, the show advertised contact details (mobile and landline telephone numbers and full postal address) of the interviewee. These details appeared regularly in a scrolling caption at the bottom of the screen, which ran throughout the programmes.

Another breach mentioned by Ofcom was that of the broadcaster exceeding 12 minutes of advertising spots and/or teleshopping spots in one clock hour.

Ofcom said that it accepted that a studio guest's contact details may sometimes be useful for viewers and therefore editorially justified. For example, broadcasters can generally make a brief passing reference to such details being available on their own [channel] website, if it is editorially justified to do so. However, in this case, Ofcom can find no editorial justification for the regular and frequent provision of Mr Shah’s full contact details throughout the interviews. His services were therefore given undue prominence within the programmes.

Ofcom further added, "the recordings provided by DM Digital did not contain the advertising breaks featured in or around 'Good Morning Manchester'. Nevertheless, the broadcaster confirmed that less than 9 minutes of advertising spots were unlikely to occur in any clock hour of its output. In this case, given also the regular advertisement spots for DM Digital programme sponsorship opportunities contained in the on-screen scroll, it is clear that the broadcaster had included more than 12 minutes of advertising spots in the clock hour (08:00-09:00) during which the programmes were broadcast."

MATV was also rapped for not clearly seperating sponsorship from advertising. In a sponsor tag for 'Maru Gujarat' aired on 20th August, details contained advertising claims for the hair loss treatments provided by its sponsor, Ayurvedic Nature Cure. Alongside this, the company’s address, telephone number, email address and website address.

Ofcom said a sponsor tag may include a description of the means of contact (telephone, text) but must not invite or exhort viewers to contact the sponsor.

Ofcom said any direct appeals to the viewer to buy or try the sponsor’s goods or services or to contact the sponsor for more information are likely to breach Rule 9.13.

This particular sponsor credit included the company’s address, telephone number, email address and website address, which Ofcom considered to be an excessive amount of contact information. This, taken together with the references to the sponsor’s products and services (e.g. "we have the most effective products and treatments
available” and “initial consultation is free") and the call to action ("for more information").

Related link:
DM Digital Television fined £15,000 by Ofcom