The Office of Communications in the United Kingdom, which regulates all broadcast media within the country, has found CNN International in breach of its regulations regarding the sponsorship of news programming.  The breach of Ofcom rule 9.1, which prohibits news and current affairs programmes from being sponsored, occurred during a broadcast of Inside Africa on September 29th 2009.

Ofcom released the following information file regarding the breach;

Introduction

The CNN International channel broadcasts news, current affairs and business programming as well as documentaries on the cable, satellite and Digital Terrestrial Television (Freeview) platforms.

Turner Broadcasting System Europe Limited holds the Television Licensable Content Service (TLCS) licence for the broadcast of CNN International on both the cable and satellite platforms. On the Freeview platform, S4C2 Limited holds the Digital Television Programme Service (DTPS) licence for the broadcast of the channel to Wales (-1-), while Turner Entertainment Networks International Limited holds the DTPS licence for the broadcast of the channel to the rest of the UK.

Turner Broadcasting System Europe Limited and Turner Entertainment Networks International Limited are both owned by the same parent company, and for ease, will both be referred to as "Turner" in this finding.

The edition of Inside Africa broadcast on 29 September 2009 was sponsored by Zenith Bank. The programme contained various reports on issues relating to Africa, including:

the 64th United Nations General Assembly, including speeches made by President Obama and Colonel Gaddafi;

Africa's role in the General Assembly; and

climate change issues affecting Africa as discussed at the UN General Assembly's one day climate change summit.
The programme also contained an interview with the Kenyan Prime Minister about his relationship with the President of Kenya and how the Kenyan government has dealt with corruption, as well as a segment called African Business Week, which included two news headlines regarding African businesses.

Inside Africa was also described on CNN International's website as "a weekly, half-hour, current affairs program that provides global viewers with an inside look at political, economic, social and cultural affairs and trends in Africa".

A viewer objected to the programme being sponsored because it was a current affairs programme. The Code defines a current affairs programme as "one that contains explanation and analysis of current events and issues, including material dealing with political or industrial controversy or with current public policy".

Ofcom asked Turner for its comments on the programme with regards to Rule 9.1 of the Code which states that news and current affairs programmes may not be sponsored.

Response

Turner said that having reviewed the programme it considered that the topics covered were of a current affairs nature. It said that Inside Africa had been a "mainstay of CNN's feature programming output since 2000…. Throughout the years the programme has consistently explored the challenges and opportunities facing Africa – as seen through the prism of different cultures and religions, the mediums of art and literature, seeking to capture the hopes, dreams and aspirations of its people, leaders and nations". Turner continued that "It would appear that there has been a recent inadvertent editorial shift" in the nature of the programme.

Turner told Ofcom that the editorial team responsible for the programme has now been reminded of the relevant rules in relation to sponsorship and that it intends to retrain all relevant members of staff including those based in Africa. CNN's lead producer will also be relocated from the network's headquarters in Atlanta in the USA to Johannesburg in South Africa to "help to ensure the show stays true to its editorial mission as...feature programming focussing on African culture".

Turner said that it would also change the description of the programme which appeared on CNN's website.

S4C2 Ltd did not wish to make any additional representations to those submitted by Turner.

Decision

Rule 9.1 of the Code prohibits news and current affairs programmes on television from being sponsored. This rule is directly derived from the requirements of the Audiovisual Media Services (AVMS) Directive (-2-). It supports the important principle that news and current affairs must be reported with due accuracy and presented with due impartiality. A broadcaster's editorial control over the content of its news and current affairs programming should not be, or appear to be, compromised.

In this case Ofcom noted that the programme contained the following explanation and analysis of current events and issues:

the 64th United Nations General Assembly (held in September 2009, the same month in which the programme was broadcast), including speeches made by President Obama and Colonel Gaddafi;

Africa's role in the General Assembly;

climate change issues affecting Africa as discussed at the UN General Assembly's one day climate change summit; and

a segment called African Business Week, which included two news headlines regarding African businesses.
Ofcom also noted that Turner had acknowledged that the programme was a current affairs programme and therefore should not have been sponsored.

In view of the above, Ofcom therefore found Inside Africa in breach of Rule 9.1. This breach will be held on record in relation to the following licences:

TLCS 103 licensed to Turner Broadcasting System Europe Limited.

DTPS 042 licensed to Turner Entertainment Networks International Limited.

DTPS 043 licensed to S4C2 Limited.

Breach of Rule 9.1

Footnotes:

  1.- Section 362(2) of the Communications Act 2003 states that the provider of the service is "the person with general control over which programmes and other services and facilities are comprised in the service (whether or not he has control of the content of individual programmes or of the broadcasting or distribution of the service)". While Turner makes the editorial decisions about CNN International, S4C2 Limited holds the licence for the broadcast of the channel on the Freeview platform in Wales, and is therefore responsible for the service.

  2.- Article 3(f)(4) of the Audiovisual Media Services Directive states that: "News and current affairs programmes shall not be sponsored".

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