Decisions – Star China Media Limited
| Published date | 27 August 2021 |
Sanction 145 (21) Star China Media Limited
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Sanction: Decision by Ofcom
Sanction: to be imposed on Star China Media Limited (SCML)
For material broadcast on China Global Television Network (CGTN) on 21 November 2019 1
Ofcom’s Sanction Decision against: SCML in respect of its serv ice CGTN (previously
TLCS000575BA/2)2.
For: Breaches of the Ofcom Broadcasting Code (the “Code”) 3:
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 £100,000 (one hundred thousand pounds).
1 Ofcom’s Adjudication published on 8 March 2021 in issue 422 of the Broadcast and On Demand Bulletin.
2 Ofcom revoked the Licence on 4 February 2021 under section 238(4) of the Communications Act 2003 and
Condition 28(2)(a) of the Licence on the basis that SCML had ceased to provide the CGTN service and, in the
circumstances, it was appropriate to revoke the Licence. The reasons for Ofcom’s decision are set out in the
Notice of Revocation.
3 The version of the Code which was in force at the time of the broadcast took effect on 1 January 2019.
Sanction 145 (21) Star China Media Limited
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Executive Summary
1. China Global Television Network (CGTN) was an international E nglish-language satellite news
channel. The licence for the provision of the CGTN service was held by Star China Media Limited
(“SCML” or the “Licensee”) until 4 February 2021 when the Licence was revoked. The Licens ee
did not hold any other broadcasting licences.
2. On 21 November 2019, CGTN broadcast the news programme, China 24, wh ich reported on the
release by the police in China of CCTV footage of Mr Cheng w hich it said showed him “soliciting
prostitutes and of his trial [i]n August”. The programme reported that Mr Chen g had claimed in a
BBC interview that he had been “tortured” while in police detent ion in China and included
footage of Mr Cheng, with faint audio, which it said showed that he “acknowledged his violations
of the law”. The programme also included CCTV footage o f him which it said had been released
by the police. Mr Cheng was named in the programme and his f ace was shown unobscured.
3. In November 2019, Mr Simon Cheng complained to Ofcom about unfair treatment and
unwarranted infringement of privacy in connection with the obtaining of material included in
the programme and in the programme as broadcast.
Ofcom’s Adjudication
4. In Ofcom’s Adjudication (“the Adjudication”) published on 8 Ma rch 2021 in issue 422 of the
Broadcast and On Demand Bulletin, Ofcom found that the progra mme had breached Rules 7.1
and 8.1 of the Code.
5. The Adjudication set out the reasoning as to why Ofcom up held the complaint of unfair
treatment and unwarranted infringement of privacy in connec tion with the obtaining of material
included in the programme and in the programme as broadcas t.
6. Ofcom put SCML on notice in the Adjudication that it cons idered these breaches to be serious,
and that it would consider them for the imposition of a sta tutory sanction.
Licence revocation
2003 (the “2003 Act”) and Condition 28(2)(a) of the Licence on the basis that SCML had ceased
to provide the CGTN service and in the circumstances it was appropriate to revoke the Licence 4.
8. By virtue of section 346(3) of the 2003 Act, Ofcom has power to impose a penalty relating to
breaches of the Code during the period in which a Licensee hel d a broadcasting licence
notwithstanding the fact that the Licence has been revoked 5.
The Sanction Decision
9. In accordance with Ofcom’s Procedures for the consideration of st atutory sanctions in breaches
of broadcast licences (the “Sanctions Procedures ”)6, Ofcom considered whether the Code
breaches were serious, deliberate, repeated or reckless so as to warrant the imposition of a
sanction on SCML in this case. Having taken account of SCML’s representations, Ofcom has
reached the decision that a sanction is warranted in this case since the breaches were serious
and repeated for the reasons set out in paragraphs 45 to 49 below.
4 The reasons for Ofcom’s decision are set out in the Notice of Revocation.
5 By virtue of section 346(3) of the 2003 Act, a person’s liability to have a penalty imposed under section 237 of
the 2003 Act in respect of acts or omissions of that person while a holder of a Broadcasting Act licence and to
pay such penalty is not affected by that Broadcasting Act licence having ceased (for any reason) to be in force
before the imposition of the penalty.
6 The Sanctions Procedures.
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