Decision by Ofcom – Baltic Media Alliance Limited
| Published date | 17 February 2020 |
Sanction (126)19Baltic Media Alliance Limited
1
CONFIDENTIAL
Decision by Ofcom
Sanction: to be imposed on Baltic Media Alliance Limited
For material broadcast on NTV Mir Baltic on 2 April 20181
Ofcom’s Decision
of Sanction against: Baltic Media Alliance Limited (“BMAL” or the “Licensee”) in
respect of its service NTV Mir Baltic (TLCS001143BA/2).
For: Breach of the Ofcom Broadcasting Code (the “Code”)2 in
respect of:
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
programme or in clearly linked and timely programmes.
Views and facts must not be misrepresented”.
Ofcom’s Decision: To impose a financial penalty (payable to HM Paymaster
General) of £20,000; and
To direct the Licensee to broadcast a statement of Ofcom’s
findings in a form and on date(s) to be determined by
Ofcom.
1 See Broadcast and On Demand Bulletin 372 for the material broadcast on NTV Mir Baltic and found in breach
of Ofcom’s Broadcasting Code (“the Code”),
https://www.ofcom.org.uk/__data/assets/pdf_file/0028/136585/Issue-372-of-Ofcoms-Broadcast-and-On-
Demand-Bulletin.pdf
2 The version of the Code which was in force at the time of the broadcast took effect on 3 April 2017 :
https://www.ofcom.org.uk/__data/assets/pdf_file/0005/100103/broadcast-code-april-2017.pdf
Sanction (126)19Baltic Media Alliance Limited
2
Executive Summary
1.NTV Mir Baltic is a television channel broadcasting to the Russian-speaking community in Latvia.
The licence for NTV Mir Baltic is held by Baltic Media Alliance Limited (“BMAL” or “the
Licensee”). The Licensee also holds broadcasting licences in relation to other services targeted at
the Russian-speaking communities in the Baltic countries, including NTV Lithuania.
2.On 2 April 2018, BMAL broadcast a news programme, Today, which included a discussion about
the poisoning of Sergei and Yulia Skripal in Salisbury on 4 March 2018.
The Breach Decision
3.In Ofcom’s decision published on 11 February 2019 in issue 372 of the Broadcast and On
Demand Bulletin (the “Breach Decision”)
3
, Ofcom found that the programme above had failed to
maintain due impartiality and had breached Rules 5.1, 5.11 and 5.12 of the Code.
4.The Breach Decision set out specifically the broadcast material that was in breach, along with
reasoning as to why the material had breached the applicable rules of the Code.
5.The Breach Decision was the sixth time that the Licensee had breached the due impartiality rules
in the Code on its channels NTV Mir Lithuania and NTV Mir Baltic since November 2014
4
. Ofcom
put BMAL on notice in the Breach Decision that it considered this breach of the due impartiality
rules, in light of the Licensee’s previous breaches, to be a serious failure of compliance and it
was minded to consider the breach in the present case for the imposition of a statutory sanction.
Following the publication of the Breach Decision, Ofcom gave the Licensee an additional
opportunity to make representations on whether the breach should be considered by Ofcom for
the imposition of a statutory sanction. Having considered BMAL’s submissions, Ofcom decided to
consider the Breach Decision for the imposition of a statutory sanction.
The Sanction Decision
6.In accordance with Ofcom’s procedures for the consideration of statutory sanctions in breaches
of broadcast licences (the “Sanctions Procedures”)
5
, Ofcom considered whether the Code breach
was serious, deliberate, repeated or reckless so as to warrant the imposition of a sanction on the
Licensee. Having taken into account the Licensee’s representations, Ofcom has reached a
Decision that a sanction is warranted for the reasons set out in paragraphs 38 to 48 below.
7.Ofcom’s Decision is to impose a financial penalty of £20,000 and to direct the Licensee to
broadcast a statement of Ofcom’s findings on date(s) and in a form to be determined by Ofcom.
This paper sets out the basis for Ofcom’s Decision, taking into account all the relevant material in
this case and Ofcom’s Penalty Guidelines
6
(the “Penalty Guidelines”).
Legal Framework
8.We set out in the Breach Decision the relevant legal framework and the duties which Ofcom
took into account in making the Breach Decision.
3
See: https://www.ofcom.org.uk/__data/assets/pdf_file/0028/136585/Issue-372-of-Ofcoms-Broadcast-and-
On-Demand-Bulletin.pdf
4
The previous breach decisions were: Professia Reporter, broadcast on NTV Mir Lithu ania on 2 November
2014, published in Broadcast Bulletin 282; Today, broadcast on NTV Mir Lith uania on 28 and 30 January 2015,
published in Broadcast Bulletin 284; Anatomy of the Day, broadcast on NTV Mir Lith uania on 2 September
2015, published in Broadcast and On Demand Bulletin 300; The Incide nt: Special Investigation, broadcast on
NTV Mir Lithuania on 15 April 2016, published in Broadcast and On Demand Bulletin 319; and Today, broadcast
on NTV Mir Baltic on 12 November 2016, published in Broadcast and On Deman d Bulletin 330.
5
https://www.ofcom.org.uk/__data/assets/pdf_file/0030/71967/Procedures_for_consideration.pdf. These
procedures took effect on 3 April 2017.
6
https://www.ofcom.org.uk/__data/assets/pdf_file/0022/106267/Penalty-Guidelines-September-2017.pdf
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