Five Gets Record Fine For Brainteaser Blunders
Ofcom has dished out the largest financial penalty imposed on a public service broadcaster to Five, forcing it to pay £300,000 following breaches of the broadcasting code by its phone-in quiz Brainteaser.
The broadcaster has expressed disappointment at the large penalty, with chief executive, Jane Lighting, saying: “We are disappointed with the very high level of the financial penalty imposed, especially as we believe Five took all reasonable and appropriate steps to ensure the programme complied with the Ofcom Code.
“We welcome Ofcom’s acknowledgement that: Five acted in good faith at all times; did not intend to deceive the audience and took comprehensive steps to remedy harm and that it was not Five’s intention to cause financial harm to viewers nor procure greater financial gain.”
She continued: “It was Five who notified Ofcom of these issues and we have co-operated fully with the regulator since. We have also conducted our own review, as the relationship of trust between a broadcaster and its audience is absolutely paramount to us.
“Five notes the acknowledgement by Endemol, the makers of Brainteaser, that it made mistakes and fundamental errors of judgement on the occasions highlighted.”
The broadcaster has confirmed that Brainteaser, which it took off air in March when it came to light the programme had faked winners (see Five Suspends Brainteaser Amidst Phone-In Controversy), will not be returning to the channel’s schedules. Late-night phone quizzes have subsequently returned, however.
Five said it had been working with Endemol to ensure that winners were found for the affected competitions and that it would donate all profits to a cancer charity.
In addition to the fine, Ofcom has directed Five to broadcast a statement of the watchdog’s findings in a form determined by Ofcom on Five on two occasions, once at 12:30 (the time Brainteaser was transmitted) and once in peak-time.
This is one of a number of current Ofcom investigations into individual programmes in the area of Call TV. These are being dealt with on a case-by-case basis and several of them will be concluded over the summer.
Separately, the inquiry led by Richard Ayre into the use of premium rate telephone services in television programmes, is ongoing (see Hanging On The Telephone). The findings of the inquiry will also be published this summer.
Ed Richards, Ofcom chief executive, warned: “We take these issues extremely seriously and will not hesitate to protect viewers’ interests. Every broadcaster needs to take very careful note of this decision.”
Five: 020 7550 5555 www.five.tv