72/00                                                                                           16 May 2000

The Radio Authority announced today (16 May) that it has fined Virgin Radio £75,000 for a serious breach of the rules requiring due impartiality from broadcasters. In the Virgin Breakfast Show on 21 March 2000, Chris Evans expressed live on air, in two extended pieces, his support for Ken Livingstone in the London Mayoral Election.

The Chair of the Authority, Richard Hooper said:

"Political impartiality is a cornerstone of British broadcasting, strongly supported by all governments and public opinion over many years. Radio spectrum is a scarce public resource which brings with it unambiguous obligations in the public interest. This broadcast by Virgin was a flagrant breach of the long-standing rules surrounding political impartiality, made worse by the fact that the broadcast took place in the run-up to that most sensitive of political events, an election. The breach also demonstrated a critical failure of compliance by the licensee, and we are determined that this shall not be repeated."

This broadcast breached section 90(3) of the Broadcasting Act 1990, as well as the Authority's News and Current Affairs Code. The Authority had drawn the attention of all stations to these requirements just eleven days before the programme in question.

At their meeting on Thursday 11 May, the Members of the Authority stressed their concern over the failure of the company to have in place proper procedures to ensure compliance with the requirements of Virgin’s national AM and local London FM licences. Chris Evans first aired his support of Ken Livingstone at length after the 8.00 am news and again an hour later in an interview with a news reporter. The station had not only failed to ensure that its presenters were fully aware of the rules on due impartiality but had allowed a second breach to be aired. This is the fifth time that a fine has been imposed on Virgin Radio since it began broadcasting in 1993.

The Radio Authority concluded that the broadcast clearly contravened all of the following:

• The Broadcasting Act 1990 Section 90(3) which requires:

1. "where the licensed service is a national service, that due impartiality is preserved on the part of the person providing the service as respects matters of political or industrial controversy or relating to current public policy."

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2. "where the licensed service is a local, satellite and licensable sound programme service, that undue prominence is not given in its programmes to the views and opinions of particular persons or bodies on such matters."

• The News and Current Affairs Code, Rule 1.4(d) - covering Personal View Programmes, requires that "Personal view programmes or features on political matters must not be scheduled at times when UK and European Parliamentary or local government elections are pending."

A guidance note on the London Mayoral Election was issued to stations on 10 March 2000 by the Authority's Director of Programming and Advertising. It stated that "Non-news programmes must avoid giving undue prominence to any single candidate at the expense of others."

The Members of the Authority welcomed the fact that Virgin had immediately accepted that the broadcast had indeed breached both the Act and the News & Current Affairs Code, and that in the following day’s breakfast programme there were some attempts to make amends for the breach. The fine was moderated accordingly, although it remains the largest yet imposed by the Authority. Since the broadcast was carried on a national as well as a local station, the Authority could have fined Virgin Radio up to 5% of qualifying revenue (i.e. revenue gained from advertising and sponsorship), that is to say around £1 million.

1. Virgin Radio began broadcasting a rock and pop national service in 1993. Its Greater London service came on-air in 1995. This is the fifth financial penalty to have been imposed on Virgin Radio.
2. The Radio Authority can request a broadcast apology or correction, issue a formal warning, or impose a penalty which can include a fine or the suspension, shortening or revocation of a licence. Financial penalties are not kept by the Radio Authority but are passed to the Treasury's Consolidated Funds.
3. The Radio Authority will consider all comments or complaints about commercial radio on all aspects of programming, advertising and transmission. Radio stations are required to maintain recordings of all output for a period of 42 days. The Authority will take action against stations who are found to be in breach of its rules.
4. The Broadcasting Act 1990 Section 110(2) sets the financial penalty for national licence holders at 3% of the qualifying revenue (i.e. revenue received from advertising and sponsorship), for the last complete accounting period. However, the Act uplifts that ceiling to 5% for additional offences. Section 110(3) of the Act sets the maximum financial penalty for local licence holders at £50,000.
5. The Radio Authority is responsible for licensing and regulating Independent Radio in accordance with the statutory requirements of the Broadcasting Acts 1990 and 1996. It plans frequencies, awards licences, regulates programming and advertising, and plays an active role in the discussion and formulation of policies which affect the Independent Radio industry and its listeners.