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Standards Cases

In Breach

Yasmin
DM Digital, 15 October 2007, 19:30

Introduction

Yasmin is a film about the experiences of a young Muslim woman living in the Yorkshire town of Keighley , following the terrorist attacks of 11 September 2001 . It has a 15 certificate from the British Board of Film Classification.

A viewer complained about the strong language used in the programme. Ofcom asked DM Digital for comments in relation to Rule 1.14 of the Code (the most offensive language must not be broadcast before the watershed) and Rule 1.16 (pre-watershed use of offensive language to be justified by context; frequent use to be avoided).

Response

The broadcaster stated that it had tried as far as possible to remove any unsuitable language. It argued that the remainder of the language would have been unlikely to offend its core audience of adults. In support of this argument, it pointed out that the drama had been broadcast at 19:30 , suggesting that this would have minimised any child audience. It also argued that the fact that the film was both preceded and followed by political talk shows would have further reduced the possibility it being seen by children. It also stated that the language used in the film was not frequent and was justified by the dramatic context.

Decision

The film contained a number of swear words, including “fuck/fucking” as well as other sexual references. A number of other instances had been masked in part by lowering the volume of the audio.

Ofcom’s research has demonstrated that the words ‘fuck’ and ‘fucking’ are regarded as the most offensive language. By broadcasting this language in this film prior to the watershed, DM Digital was in breach of Rule 1.14 of the Code.

Although isolated use of less offensive language may be justified by context, frequent use is prohibited pre-watershed by Rule 1.16. Ofcom noted that the language complained of, together with other offensive language had occurred at regular intervals across the programme. It therefore judged that a breach of Rule 1.16 had occurred.

In July 2007 Ofcom issued guidance to broadcasters (see Broadcast Bulletin, issue 89 at http://www.ofcom.org.uk/tv/obb/prog_cb/obb89) to remind them that they are under a clear duty to ensure that robust procedures are in place, supported by a sufficient number of appropriately qualified and trained staff, to ensure full compliance with the Code in respect to the broadcast of unsuitable material pre-watershed. Failure to have adequate compliance procedures in place to ensure compliance is a serious matter and can lead to regulatory action being taken.

Breach of Rule 1.14 and 1.16

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