Decision by Ofcom – Al Arabiya News
| Published date | 25 January 2018 |
Sanction 108 (17) Al Arabiya News Channel
FZ-LLC
1
Sanction: Decision by Ofcom
Sanction: to be imposed on Al Arabiya News Channel FZ-LLC
For material broadcast on Al Arabiya News on 27 February 2016
1
.
Ofcom’s Decision
of Sanction against: Al Arabiya News Channel FZ-LLC(“Al Arabiya News” or the
“Licensee”) in respect of its service Al Arabiya News
(TLCS100711BA/1).
For: Breaches of the Ofcom Broadcasting Code (the “Code”)
2
in
respect of:
Rule 7.1: “Broadcasters must avoid unjust or unfair
treatment of individuals or organisations in programmes”;
and,
Rule 8.1: “Any infringement of privacy in programmes, or in
connection with obtaining material included in programmes,
must be warranted”.
Decision:To impose a financial penalty (payable to HM Paymaster
General) of£120,000 (one hundred and twenty-thousand
pounds);
To direct the Licensee to broadcast a statement of Ofcom’s
findings on a date and in a form to be determined by Ofcom;
and
To direct the Licensee not to repeat the material found in
breach again.
1
The material broadcast on Al Arabiya News and found in breach of Ofcom’s Broadcasting Code (the “Code”),
as detailed in Broadcast and On Demand Bulletin 327, 24 April 2017:
https://www.ofcom.org.uk/__data/assets/pdf_file/0013/101227/Issue-327-of-Ofcoms-Broadcast-and-On-
Demand-Bulletin.pdf
2
Sections Seven and Section Eight of the Code:
https://www.ofcom.org.uk/__data/assets/pdf_file/0005/100103/broadcast-code-april-2017.pdf
Sanction 108 (17) Al Arabiya News Channel
FZ-LLC
2
Executive Summary
1.Al Arabiya News is an Arabic language news and current affairs channel originating from
Dubai, United Arab Emirates, and broadcast by satellite in the UK. The Ofcom licence for Al
Arabiya News is held by Al Arabiya News Channel FZ-LLC. The Licensee does not hold any
other broadcasting licences.
2.On 27 February 2016, Al Arabiya News broadcast a programme about an attempt in
February and March 2011, by a number of people including the complainant, Mr Hassan
Mashaima, to change the governing regime in Bahrain from a Kingdom to a Republic. The
programme included footage of Mr Mashaima as he explained the circumstances which had
led to his arrest and conviction for his participation in these activities.
3.Mr Husain Abdulla complained to Ofcom on behalf of Mr Mashaima about unfair treatment
and unwarranted infringement of privacy in connection with the obtaining of material
included in the programme and the programme as broadcast by Al Arabiya News on 27
February 2016.
Ofcom’s Adjudication
4.In Ofcom’s Adjudication (“the Adjudication”) published on 24 April 2017 in issue 327 of the
Broadcast and On Demand Bulletin (the “Bulletin”)
3
, Ofcom’s Executive found that the
programme had breached Rules 7.1 and 8.1 of the Code.
5.The Adjudication set out specifically the reasoning as to why Ofcom upheld the complaint of
unfair treatment and unwarranted infringement of privacy in connection with the obtaining
of material included in the programme and the programme as broadcast.
6.In summary, Ofcom found that:
•The programme included footage of an interview with Mr Mashaima which had the
potential to materially and adversely affect viewers’ perception of him and the
broadcaster did not make clear what steps it had taken to ensure that material facts had
not been presented, omitted or disregarded in a way that was unfair to Mr Mashaima.
•The broadcaster had not provided Mr Mashaima with an appropriate and timely
opportunity to respond to the allegations of wrongdoing being made about him in the
programme as broadcast.
•Mr Mashaima had a legitimate expectation of privacy in relation to the filming and
subsequent broadcast of the footage of him without his consent. In the circumstances,
Mr Mashaima’s legitimate expectation of privacy was not outweighed by the
broadcaster’s right to freedom of expression and the audience’s right to receive
information and ideas without interference. The broadcaster had therefore
unwarrantably infringed Mr Mashaima’s privacy in respect of the obtaining of the
material included in the programme and in the programme as broadcast.
7.Ofcom put the Licensee on notice in the Adjudication that it considered these breaches to be
serious, and that it would consider them for the imposition of a statutory sanction.
3
https://www.ofcom.org.uk/__data/assets/pdf_file/0013/101227/Issue-327-of-Ofcoms-Broadcast-and-On-
Demand-Bulletin.pdf
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