Decision – Star China Media Limited (due impartiality)
| Published date | 08 March 2021 |
Sanction 138 (20) CGTN
1
Sanction: Decision by Ofcom
Sanction: to be imposed onStar China Media Limited (SCML)
For material broadcast on China Global Television Network Channel (C GTN)between 11 August 2019
and 21 November 20191.
Ofcom’s Sanctionagainst: SCML (the “Licensee”) in respect of its service CGTN
(previously TLCS000575BA/22).
For: Breaches of the Ofcom Broadcasting Code (the “Code”) 3:
Rule 5.1: “News, in whatever form, must be reported with due
accuracy and presented with due impartiality”;
Rule 5.11: “Due impartiality must be preserved on matters of
major political and industrial controversy and major matters
relating to current public policy by the person providing a
service…in each programme or in clearly linked and timely
programmes”; and
Rule 5.12: “In dealing with matters of major political and
industrial controversy and major matters relating to current
public policy an appropriately wide range of significant views
must be included and given due weight in each programmeor
in clearly linked and timely programmes. Views and facts mus t
not be misrepresented”.
Decision:To impose a financial penalty (payable to HM Paymaster
General) of £125,000.
1See Broadcast and On Demand Bulletin 403, 26 May 2020 (“the Breach Decisions”).
2 Ofcom revoked the Licence on 4 February 2021 under section 238(4)of the Communications Act 2003 and
Condition 28(2)(a) of the Licence on the basis that SCML had ceased to provide the CGTN service and, in the
circumstances, it was appropriate to revoke the Licence. The reasons for Ofcom’s decision are set out in the
Notice of Revocation.
3The version of the Code which was in force at the time of the broadcast took effect on 1 January 2019.
Sanction 138 (20) CGTN
2
Executive Summary
1.CGTNwas: “the international English language news channel of China Media Group, China’s public
broadcaster on television and radio”4. T he licence for the provision of the CGTN service was held
by Star China Media Limited (“SCML” or “the Licensee”)until 4 February 2021 when the Licence
was revoked. In the UK, the channelwas broadcast on satellite.The Licensee did not hold any
other broadcasting licences.
2.Between 11 August 2019 and 21 November 2019, CGTN broadcast the following programmes:
•The World Today,11 August 2019, 17:00;
•The World Today, 26 August 2019, 08:00;
•The World Today, 31 August 2019, 07:00;
•The World Today, 2 September 2019, 16:00; and,
•China 24, 21 November 2019, 12:15.
3.Each programme was concerned with the protests which were ongoing in Hong Kong during this
period. These protests were initially in response to the Hong Kong Government’s Extradition Law
Amendment Bill that would have allowed criminal suspects in Hong Kong to be sent to mainland
China for trial. The protests were organised by the Anti-Extradition Law Amendment Bill
Movement.
The Breach Decisions
4.In Ofcom’s Decisions (“the Breach Decisions”) publis hed on 26 May 2020 in Issue 403of the
Broadcast and On Demand Bulletin5, Ofco m found that each of the five programmes listed above
had failed to maintain due impartiality and had breached Rul es 5.1, 5.11 and 5.12 of the Code.
5.The Breach Decisions set out specifically the broadcast material tha t was in breach, along with
reasoning as to why the material had breached the applicable r ules of the Code.
6.Ofcom put the Licensee on notice in the Breach Decisions that it considered these five breaches,
taken together,to be a serious failure ofcompliance and it was minded to consider the imposition
of a statutory sanction. Ofcom gave the Licensee an opportun ity to make representations on this
matter and, having considered the Licensee’s submissions, decided to proceed to consider the
Breach Decisions for the imposition of a statutory s anction.
Licence revocation
7.On 4 February 2021, Ofcom revoked the Licence under section 238(4) o f the Communications Act
2003(the “Act”)and Condition 28(2)(a) of the Licence on the ba sis that SCML had ceased to
provide the CGTN service and, in the circumstances, it was appropriate to revoke the Licence 6.
8.By virtue of section 346(3) of the Act, Ofcom has the power to impose a penalty relating to
breaches of the Code during the period in which theLicensee held a bro adcasting licence,
4 Licensee’s initial response dated 17 September 2019 to Ofcom’s formal request for comments regarding four
editions of The World Todaybroadcast on 11 August 2019, 26 August 2019, 31 August 2019 and 2 September
2019. Information on CGTN’s website now statesthat: “China Global Television Network, or CGTN, is an
international media organization launched on December 31, 2016. It aims to provide global audiences with
accurate and timely newscoverage as well as rich audiovisual services, promoting communication and
understandingbetween China and the world, and enhancing cultural exchanges and mutual trust between
China and other countries”.
5See footnote 1.
6The reasons for Ofcom’s decision are set out in full in the Notice of Revocation.
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