On seeing Ofcom’s ruling misreported

I write regarding this article:

http://www.guardian.co.uk/media/2008/jul/21/channel4.ofcom

Where I believe you are misreporting the OFCOM ruling on “The Great Global Warming Swindle”.

It’s untrue to say that the OFCOM ruled that the programme did not ‘materially mislead’ the viewers – and I’m surprised to see the Guardian repeating Hamish Mykura’s spin, without looking at the ruling (page 14)

“The accompanying Ofcom guidance to the Code explains that “Ofcom is required to guard against harmful or offensive material, and it is possible that actual or potential harm and/or offence may be the result of misleading material in relation to the representation of factual issues. This rule is therefore designed to deal with content which materially misleads the audience so as to cause harm or offence.” (Emphasis in original).

Ofcom therefore only regulates misleading material where that material is likely to cause harm or offence. As a consequence, the requirement that content must not materially mislead the audience is necessarily a high test.

In dealing with these complaints therefore Ofcom had to ascertain – not whether the programme was accurate – but whether it materially misled the audience with the result that harm and/or offence was likely to be caused. It is not within Ofcom’s remit or ability in this case as the regulator of the ‘communications industry’ to establish or seek to adjudicate on ‘facts’ such as whether global warming is a man-made phenomenon, nor is Ofcom able to reach conclusions about the validity of any particular scientific theories.”

Therefore Ofcom concluded the broadcasters did not intend to cause “harm or offence” – but made no judgement as to whether the public had been misled or not…

Please stop helping Channel 4 in their damage limitation exercise.

Regards

Dean Morrison

Hastings