Decision by Ofcom – Ariana Television and Radio Network
| Published date | 06 July 2017 |
Sanction 106 (17) Ariana Television and Radio Network
1
Sanction: Decision by Ofc om
Sanction: to be imposed on Ariana Television and Radio Network
For material broadcast on Ariana Television and Radio Network on 20 July 20 16 at 12:00pm1
Ofcom’s Decision
of Sanction against: Ariana Television and Radio Network (“ATRN” or the
“Licensee”) in respect of its service Ariana International
(TLCS-1086).
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 3.1: “Material likely to encourage or to incite the
commission of crime or to lead to disorder must not be
included in television or radio services”.
Rule 3.2: “Material which contains hate speech3 must not be
included in television and radio programmes except where it
is justified by the context”.
Decision: To impose a financial penalty (payable to HM Paymaster
General) of £200,000; 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 https://www.ofcom.org.uk/__data/assets/pd f_file/0018/96012/Issue-319-of-Ofcoms-Broadcast-and-On-
Demand-Bulletin,-to-be-published-on-19-December-2016.pdf for the material broadcast on Ariana
International and found in breach of Ofcom’s Broadcasting Code (the “Code”) as detailed in Broadcast Bulletin
319.
2 See Section Two and Section Th ree of the Code:
https://www.ofcom.org.uk/__data/assets/pdf_file/ 0005/100103/broadcast-code-april-2017.pdf. See also
Ofcom’s Guidance Notes on S ection 2 of the Code:
https://www.ofcom.org.uk/__data/assets/pdf_file/ 0037/86788/section2-july15.pdf; and, on Section 3 of the
Code: https://www.ofcom.org.uk/__data/asset s/pdf_file/0021/24258/section_3_2016.pdf.
3 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”.
Sanction 106 (17) Ariana Television and Radio Network
2
Executive Summary
1. Ariana International is a general entertainment channel originating from Afghanistan, and
broadcast by satellite in the UK. The licence for Ariana International is held by ATRN. The
Licensee currently holds no other broadcasting licences.
2. On 20 July 2016, the Licensee broadcast a news item which featured a video produced by an
individual, Muhammad Riyad, before he carried out an attack on a train in Germany where he
injured five people.
3. In the video, Muhammad Riyad stated that he was a “Mujahid [holy warrior] of Islamic State”.
He also stated his and ISIL’s4 intentions to carry out acts of extreme violence against members of
the public and his words could be interpreted as being a direct call to action to members of the
Muslim community to join ISIL and to commit violence, up to, and i ncluding murder, against
members of the police and the army in the West.
4. The news item made clear that “Daish5 have now accepted that this young man [i.e. Mr Riyad]
was one of their followers”. In addition, it has been widely reported that several individuals, such
as Muhammad Riyad, have been inspired to carry out acts of violence in the n ame of ISIL.
The Breach Decision
5. In Ofcom’s Decision (“the Breach Decision”) published on 19 December 2016 in issue 319 of the
Broadcast and On Demand Bulletin6, Ofcom’s Executive found that m aterial in the Ariana News
programme (“the Programme”) breached Rules 2.3, 3.1 and 3.2 of the Code.
6. The Breach Decision set out specific examples of broadcast material that were in breach, along
with reasoning as to why, in relation to each breach, the material had breached each rule.
7. 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
8. In accordance with Ofcom’s Procedures for the consideration of statutory sanctions in breaches
of broadcast licences (“the Sanctions Procedures”) 7, Ofcom considered 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. It reached the Decision that a sanction was merited in this
case since the breach was serious for the reasons set out in paragraphs 43 to 52.
4 Daish or ISIL (Islamic State of Iraq and the Levant) is a proscribed terrorist organisation. The UK Govern ment’s
list of proscribed terrorist organisations dated 15 July 201 6 states the following in relation to ISIL: “Islamic
State of Iraq and the Levant (ISIL) also known as Dawlat al-'Iraq al-Islamiyya, Islamic State of Iraq (ISI), Islamic
State of Iraq and Syria (ISIS) and Dawlat al Islamiya fi Iraq wa al Sham (DAISh) and the Islamic State in Iraq and
Sham - Proscribed June 2014. ISIL is a brutal Sunni Islamist terrorist group active in Iraq and Syria. The group
adheres to a global jihadist ideology, following an extreme interpretation of Islam, which is anti-Western and
promotes sectarian violence. ISIL aims to establish an Islamic State governed by Sharia law in the region and
impose their rule on people using violence and extortion”. See
https://www.gov.uk/government/uploads/system /uploads/attachment_data/file/538297/201607 15-
Proscription-website-update.pdf.
5 See footnote 4.
6 See footnote 1.
7 See https://www.ofcom.org.uk/__data/assets/pd f_file/0030/71967/Procedures_for_consideration.pd f
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