Decision – Up and Coming TV Limited
| Published date | 23 August 2022 |
Sanction 152 (22) Up and Coming TV Limited
1
Sanction Decision by Ofcom
Sanction: to be imposed on Up and Coming TV Limited
For material broadcast on Samaa TV on 5 May 2020, 16:00 and 6 May 2020, 16:00 1.
Ofcom’s Sanction Decision against: Up and Coming TV Limited (“Up and Coming TV” or “the
Licensee”) in respect of its service Samaa TV2 (Ofcom TLCS
licence TLCS001217BA/2).
For: Breaches of the Ofcom Broadcasting Code (the “Code”)3 in
respect of:
Rule 3.2: “Material which contains hate speech must not be
included in television…programmes…except where it is
justified by the context”4.
Rule 3.3: “Material which contains abusive or derogatory
treatment of individuals, groups, religions or communities,
must not be included in television…services…except where
it is justified by the context…”.
Rule 2.3: “In applying generally accepted standards
broadcasters must ensure that material which may cause
offence is justified by the context…Such material may
include, but is not limited to offensive language,
…discriminatory treatment or language (for example on the
grounds of…race, religion or belief…”.
Decision: To impose a financial penalty (payable to HM Paymaster
General) of £40,000; and, conditional on the Licensee
continuing to hold its broadcast licence and r esuming
broadcasting of the service:
To direct the Licensee not to repeat the programmes; and,
To direct the Licensee to broadcast a sta tement of Ofcom’s
findings on dates and in a form to be determined by Ofcom.
1 As detailed in Issue 446 of the Broadcast and On Demand Bulletin, 7 March 2022 (“the Decision”).
2 Up and Coming TV Limited changed the name of the service to Neo News on 1 August 2021.
3 The version of the Code in force at the time of broadcast took effect on 1 January 2019.
4 Since the programme was broadcast, this rule was updated to reflect the UK’s implementation of the 2018
revision of the Audiovisual Media Services Directive (Directive (EU) 2018/1808). The substance of the rule as it
relates to racial and religious hatred was, however, unchanged.
Sanction 152 (22) Up and Coming TV Limited
2
Executive Summary
1. On 5 and 6 May 2020 at 16:00, Up and Coming TV broadcast on Samaa TV consecutive episodes
of Nadim Malik Live, a one-hour, weekday Pakistani current affairs discussion progr amme.
2. Samaa TV was the original name of the satellite television service broadcasting predominantly
in Urdu which Up and Coming TV used to broadcast. The Licensee us ed this name for its service
until 1 August 2021 when it changed the name to Neo News to reflect th e fact it had changed
content provider.
3. Both programmes discussed a controversy surrounding the potential i nclusion of Ahmadi
representatives in the National Commission for Minorities (“the Minorities Commission”), which
had been recently established in Pakistan.
4. The 5 May 2020 programme included statements that evoked the co mmon antisemitic
stereotype of Jewish people being in positions of financial power and in control of institutions
by implying that they were complicit in, or responsible for, the inclusion of Ahmadi
representation in the Minorities Commission. A contributor also referred to wealthy Jewish
families including the “Goldsmiths” and “Rothschilds”, a name which has been used as an
antisemitic slur for over 200 years. The word “Jew” was used as a term of abuse and in a
derogatory fashion. By linking support for Ahmadi representatio n on the Minority Commission
with an underlying “Jewish” conspiracy, the statements in the programme also linked Ahmadi
people with that alleged conspiracy. Overall, we considered that these statements would be
interpreted by viewers to be antisemitic and expressions of hatred based on intolerance of
Jewish people, and also to be implicitly anti-Ahmadi and e xpressions of hatred based on
intolerance of Ahmadi people. We considered that their broadcast had the pote ntial to
promote, encourage and incite such intolerances among viewers.
5. The 6 May 2020 programme included statements that suggested the a ct of supporting Ahmadi
people was a form of blasphemy and treason. This promoted an intolerance of Ahmadi people
on the grounds of their religion. It also included statements which we considered to be part of a
tradition in Pakistan of blaming crises on Ahmadi people, a longside Israel and Jewish people.
Cumulatively with the use of the word “seditious”, it was implied tha t the Ahmadiyya
community as a whole is potentially treacherous. The cumulative effect of all these statements
promoted hatred and intolerance of Ahmadi people.
6. On 8 August 2022, the Licensee stated its intention to surrender its licence. Ofcom has the
power to impose relevant sanctions, including a financial penalty, relating to breaches of the
Code during the period in which any licensee held a broadcasting licence, regardless of whet her
that licensee still holds a licence5. Ofcom considers tha t it is important to use its powers to issue
penalties in response to serious breaches of the Code where it is appropriate to do so and has
therefore come to a view on a sanction to be imposed in respect of the material broadcast on
Samaa TV on 5 and 6 May 2020.
The Breach Decision
7. In Ofcom’s Decision published on 7 March 2022 in Issue 446 of the Broadcast and On Demand
Bulletin (the “Breach Decision”), Ofcom found that this programme contained uncontextualised
hate speech6 and breached Rules 3.2, 3.3 a nd 2.3 of the Code.
5 Section 346(3) of the Communications Act 2003.
6 Section three of the Code defines “hate speech” as: “all forms of expression which spread, incite, promote or
justify hatred based on intolerance on the grounds of disability, ethnicity, gender, gender reassignment,
nationality, race, religion, or sexual orientation”.
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