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Issue:

Aware of publicity surrounding the government's promotion of student financing, the Radio Authority monitored the COI's 'Aim Higher' radio campaign.  Two advertisements appeared to show undue partiality in a matter of political controversy.  The RAu therefore instructed the RACC to ensure that they were removed from air pending the outcome of the investigation, as it was felt that the advertisements breached Section 2 Rule 15 Political, Industrial and Public Controversy of the Radio Authority Advertising and Sponsorship Code.

Reply:

The Radio Authority Advertising and Sponsorship Code Section 2 Rule 15a states that,  "the effect of the Broadcasting Act 1990 Sections 90 and 92 is to require the Authority to ensure that... no advertisement shows undue partiality in matters of political or industrial controversy or relating to current public policy."  The advertisements stated the financial help that was currently available and then invited listeners to call a freephone number for a student finance information pack concerning not only "what's available to you now" but also "the changes proposed for the future...".  In each, an official-sounding 'spokesman' introduced the issue using student jargon, which was 'translated' by a youth. The RAu believed that the advertisements represented, and portrayed enthusiasm for, one side of a political debate.

The RAu noted the RACC's comments.  The RACC said it believed that the advertisements related to a matter of agreed government policy/legislation and were factually accurate, impartial and both "comparable in content and style with previous campaigns cleared under Rule 15" and "comparable with the family tax credit campaign (on television), which tells families how they can benefit from new tax credit legislation."  It also noted that it had approved the scripts "after careful consideration... and after advance consultation with Radio Authority staff, during which [they] did not inform RACC staff that the tone or wording of the campaign were inherently or unacceptably partial."  The advertiser and the RACC believed that a distinction should be made "between a matter of 'political controversy' and a matter which has been or continues to be 'politicised' by the media or political parties."  The COI added that it believed "the fact that the political temperature has been raised by the opposition over recent weeks should not in itself affect the government's duty to inform" and emphasised the "sophisticated, ad literate audience", which can "differentiate between the enthusiastic delivery of an information message and a party political presentation."

The RAu judged that there was a fundamental difference between the TV and the radio advertisements in that the televised commercial simply informed viewers that certain changes in their circumstances could lead to additional credits.  While the presentation was upbeat, the advertisement referred to neither future changes nor, at the time, a matter of political controversy.  When the RACC had sought the RAu's advice concerning earlier drafts of the scripts, it had specifically asked for a  view on "references to prospective legislation" and the line, "There now follows a message from the government...", both of which the RAu agreed would have breached Section 2 Rule 15 of the Code, if broadcast.  The invitation to listeners had been restricted to "find out what's available" and, in conversation with the RACC, the RAu said that, although student finance did not appear at the time to have been a matter of political controversy, it could become so, at which point Rule 15 would render the scripts problematic.  The 'translated' lines in the scripts were not literal, however, and the RAu, like the RACC, had not noticed the likely cumulative effect of what the 'spokesman' had actually said. Irrespective of views concerning politicisation and the method by which student financing became a widespread political issue, the RAu believed that the advertisements mixed the present and proposed situation by the use of tense and portrayed an enthusiasm that clearly represented one side of what had become a political debate.  However "ad literate" the audience, the RAu therefore believed that the advertisements "showed undue partiality in a matter of political controversy" and told the RACC that they remained unsuitable for broadcast.

UPHELD

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