Decision by Ofcom – City News Network (SMC Pvt Ltd
| Published date | 15 April 2019 |
Sanction (111)19 City News Network (SMC) Pvt Ltd
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Decision by Ofcom
Sanction: to be imposed on City News Network (SMC) Pvt Ltd
For material broadcast on Channel 44 on 4 and 11 December 2017 at 17:00 1
Ofcom’s Decision
of Sanction against: City News Network (SMC) Pvt Ltd (or the “Licensee”) in
respect of its service Channel 44 (TLCS101252BA/1).
For: Breaches of the Ofcom Broadcasting Code (the “Code”)2 in
respect of:
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, violence,
sex, sexual violence, humiliation, distress, violation of
human dignity, discriminatory treatment or language (for
example on the grounds of age, disability, gender, race,
religion, beliefs and sexual orientation). Appropriate
information should also be broadcast where it would assist
in avoiding or minimising offence.”
Rule 3.2: “Material which contains hate speech must not be
included in television and radio programmes except where it
is justified by the context”; and
Rule 3.3: “Material which contains abusive or derogatory
treatment of individuals, groups, religions or communities,
must not be included in television and radio services except
where it is justified by the context”.
Decision: To impose a financial penalty (payable to HM paymaster
General) of £75,000; and,
to direct the Licensee to broadcast a statement of Ofcom’s
findings on a date and in a form to be determined by Ofcom.
1 See Broadcast Bulletin 357 for the material broadcast on Channel 44 and found in breach of Ofcom’s
Broadcasting Code (“the Code”).
2 The version of the Code which was in force at the time of the broadcast took effect on 3 April 2017.
Sanction (111)19 City News Network (SMC) Pvt Ltd
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Executive Summary
1. Channel 44 is a cable and satellite channel that broadcasts Urdu language news and current
affairs programmes. The Ofcom licence for Channel 44 is held by City News Network (SMC) Pvt
Ltd. The Licensee does not currently hold any other broadcasting licences.
2. On 4 and 11 December 2017 at 17:00, the Licensee broadcast two episodes of Point of View, a
current affairs discussion programme made in Pakistan and broadcast in the UK on Channel 44.
3. A guest who was featured in both episodes made repeated, serious and unsubstantiate d
allegations about members of the Ahmadiyya community. These i ncluded that Ahmadi people
had committed acts of murder, terrorism and treason as well as undertaking political
assassinations. The same guest also made remarks that attributed conspiratorial intent to the
actions of the Pakistani authorities towards the Ahmadiyya community and stated they were
being favoured in Pakistani society at the expense of orthodox Muslims.
The Breach Decision
4. In Ofcom’s decision (the “Breach Decision”) published on 2 July 2018 in issue 357 of the
Broadcast and On Demand Bulletin3, Ofcom’s Executive found that these programmes contained
uncontextualised hate speech 4 and breached Rules 2.3, 3.2 and 3.3 of the Code.
5. The Breach Decision set out specifically the broadcast material that was in breach, along with
reasoning as to why the material had breached each rule.
6. Ofcom put the Licensee on notice in the Breach Decision that it considered these breaches to be
serious, and that it would consider them for the imposition of a statutory sanction.
The Sanction Decisio n
7. In accordance with Ofcom’s procedures for the consideration of statutory sanctions in breaches
of broadcast licences (the “Sanctions Procedures”)5, Ofcom considere d whether the Code
breaches were serious, deliberate, repeated or reckless so as to warrant the imposition of a
sanction on the Licensee in this case.
8. This paper sets out Ofcom’s Decision on the type and level of sanction to be imposed on the
Licensee, taking into account all the relevant material in this case and Ofcom’s Penalty
Guidelines6 (the “Penalty Guidelines”).
9. Ofcom’s Decision is that the appropriate sanction should be a financial penalty of £75,000.
Ofcom also considers that the Licensee should be directed to broa dcast a statement of Ofcom’s
findings, on a date and in a form to be determined by Ofcom.
Legal Framework
10. Ofcom’s principal duty, set out in section 3(1) of the Communications Act 2003 (the “Act”), is to
further the interests of citizens in relation to communications matters and the interests of
consumers in relevant markets. In carrying out its functions, Ofcom is required to secure a
3 See: https://www.ofcom.org.uk/__data/assets/pd f_file/0021/115509/Issue-357-Broadcast-On-Demand-
Bulletin.pdf.
4 Section three of the Code defin es “hate speech” as: “all forms of expression whi ch spread, incite, promote or
justify hatred based on intolerance on the grounds of disability, ethnicity, gender, gender reassignment,
nationality, race, religion, or sexual orientation”.
5 See: https://www.ofcom.org.uk/__data/assets/pd f_file/0030/71967/Procedures_for_consideration.pdf.
These procedures took effect on 3 April 2017.
6 See: https://www.ofcom.org.uk/__data/assets/pd f_file/0022/106267/Penalty-Guidelines-Septemb er-
2017.pdf
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