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	<title>Comments on: Ofcom Decision: A Humiliating Defeat for Bob Ward and the Myles Allen 37</title>
	<atom:link href="http://climateaudit.org/2008/07/21/ofcom-decision-on-global-warming-swindle-complaints/feed/" rel="self" type="application/rss+xml" />
	<link>http://climateaudit.org/2008/07/21/ofcom-decision-on-global-warming-swindle-complaints/</link>
	<description>by Steve McIntyre</description>
	<lastBuildDate>Mon, 28 May 2012 18:40:16 +0000</lastBuildDate>
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		<title>By: Greenpeace success shows Ofcom's weakness &#124; alexlockwood.net</title>
		<link>http://climateaudit.org/2008/07/21/ofcom-decision-on-global-warming-swindle-complaints/#comment-155486</link>
		<dc:creator><![CDATA[Greenpeace success shows Ofcom's weakness &#124; alexlockwood.net]]></dc:creator>
		<pubDate>Thu, 11 Sep 2008 10:11:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.climateaudit.org/?p=3328#comment-155486</guid>
		<description><![CDATA[[...] in against this decision). The decision was heralded as a huge blow for climate campaigners on blogsand some mainstream media sites. (Added: came across this interesting piece on the [...]]]></description>
		<content:encoded><![CDATA[<p>[...] in against this decision). The decision was heralded as a huge blow for climate campaigners on blogsand some mainstream media sites. (Added: came across this interesting piece on the [...]</p>
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		<title>By: Lauren Bare</title>
		<link>http://climateaudit.org/2008/07/21/ofcom-decision-on-global-warming-swindle-complaints/#comment-155485</link>
		<dc:creator><![CDATA[Lauren Bare]]></dc:creator>
		<pubDate>Wed, 03 Sep 2008 17:49:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.climateaudit.org/?p=3328#comment-155485</guid>
		<description><![CDATA[This is a pretty good article. It is very hard to look good these days,if you don&#039;t look one way you cannot be accepted, well you can just not like everyone else. Thanx for the article it was very nice!!!!]]></description>
		<content:encoded><![CDATA[<p>This is a pretty good article. It is very hard to look good these days,if you don&#8217;t look one way you cannot be accepted, well you can just not like everyone else. Thanx for the article it was very nice!!!!</p>
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		<title>By: joy</title>
		<link>http://climateaudit.org/2008/07/21/ofcom-decision-on-global-warming-swindle-complaints/#comment-155484</link>
		<dc:creator><![CDATA[joy]]></dc:creator>
		<pubDate>Wed, 30 Jul 2008 16:58:50 +0000</pubDate>
		<guid isPermaLink="false">http://www.climateaudit.org/?p=3328#comment-155484</guid>
		<description><![CDATA[Correction: It will have to be shown after the watershed.]]></description>
		<content:encoded><![CDATA[<p>Correction: It will have to be shown after the watershed.</p>
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		<title>By: joy</title>
		<link>http://climateaudit.org/2008/07/21/ofcom-decision-on-global-warming-swindle-complaints/#comment-155483</link>
		<dc:creator><![CDATA[joy]]></dc:creator>
		<pubDate>Wed, 30 Jul 2008 16:52:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.climateaudit.org/?p=3328#comment-155483</guid>
		<description><![CDATA[Evidently the BBC does what it likes with impunity in matters of truth and impartiality.
Whether OFCOM have deliberately prepared the ground for this is immaterial.  Just as GGWS knew the complaint would come and were prepared.  They crafted the programme with the complaint in mind.  That will be the main stumbling block for AIT as it was never intended to be scrutinised to such a degree.  No doubt it will have to be shown after then ….not fit to be shown in schools without caveats I would think the same will apply to broadcasting when children might be expected to watch.]]></description>
		<content:encoded><![CDATA[<p>Evidently the BBC does what it likes with impunity in matters of truth and impartiality.<br />
Whether OFCOM have deliberately prepared the ground for this is immaterial.  Just as GGWS knew the complaint would come and were prepared.  They crafted the programme with the complaint in mind.  That will be the main stumbling block for AIT as it was never intended to be scrutinised to such a degree.  No doubt it will have to be shown after then ….not fit to be shown in schools without caveats I would think the same will apply to broadcasting when children might be expected to watch.</p>
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		<title>By: James Goneaux</title>
		<link>http://climateaudit.org/2008/07/21/ofcom-decision-on-global-warming-swindle-complaints/#comment-155482</link>
		<dc:creator><![CDATA[James Goneaux]]></dc:creator>
		<pubDate>Wed, 30 Jul 2008 14:03:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.climateaudit.org/?p=3328#comment-155482</guid>
		<description><![CDATA[The BBC might be doing some damage control itself:

http://afp.google.com/article/ALeqM5jRiYg47dEeOHGq5gtc4xNmaYHcZQ

&quot;BBC fined after new phone-in scandals

LONDON (AFP) — The BBC was fined 400,000 pounds Wednesday after a string of top television and radio shows faked winners of their competitions.

The fine, imposed by media regulator Ofcom, is the latest in a string of similar scandals involving British broadcasters, which has tarnished their reputation for transparency, particularly over competitions.

In the latest round of revelations, Ofcom said that the producers of some shows had decided to broadcast competitions which viewers invited to take part had no chance of winning.

Flagship charity telethon Comic Relief was one of the offenders. Ofcom said viewers were told that if they called in to pledge money, they would automatically be entered for a prize draw to win flights to the United States.&quot;

Faking a charity show? What right does any organization that does such a thing have to criticize another network in the way it has done here?]]></description>
		<content:encoded><![CDATA[<p>The BBC might be doing some damage control itself:</p>
<p><a href="http://afp.google.com/article/ALeqM5jRiYg47dEeOHGq5gtc4xNmaYHcZQ" rel="nofollow">http://afp.google.com/article/ALeqM5jRiYg47dEeOHGq5gtc4xNmaYHcZQ</a></p>
<p>&#8220;BBC fined after new phone-in scandals</p>
<p>LONDON (AFP) — The BBC was fined 400,000 pounds Wednesday after a string of top television and radio shows faked winners of their competitions.</p>
<p>The fine, imposed by media regulator Ofcom, is the latest in a string of similar scandals involving British broadcasters, which has tarnished their reputation for transparency, particularly over competitions.</p>
<p>In the latest round of revelations, Ofcom said that the producers of some shows had decided to broadcast competitions which viewers invited to take part had no chance of winning.</p>
<p>Flagship charity telethon Comic Relief was one of the offenders. Ofcom said viewers were told that if they called in to pledge money, they would automatically be entered for a prize draw to win flights to the United States.&#8221;</p>
<p>Faking a charity show? What right does any organization that does such a thing have to criticize another network in the way it has done here?</p>
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		<title>By: harold</title>
		<link>http://climateaudit.org/2008/07/21/ofcom-decision-on-global-warming-swindle-complaints/#comment-155481</link>
		<dc:creator><![CDATA[harold]]></dc:creator>
		<pubDate>Wed, 30 Jul 2008 07:32:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.climateaudit.org/?p=3328#comment-155481</guid>
		<description><![CDATA[I agree that the entire case was absolute madness, but claiming it &quot;was constructed so that AIT would not have any problems&quot; is going to far. IMO all censorship courts are absolute madness, and OfCom in the SportxxxGirls, 10 February 2008, 22:00 decision, as a break of Rule 2.2, is a case in point.

&lt;strong&gt;Steve:&lt;/strong&gt;  Maybe. But understand that I didn&#039;t mean this observation in a venal way, but in a practical way.  OFcom clearly did not want to be refereeing one dispute among climate scientists after another. They&#039;ve shown considerable intelligence in their handling of this matter and would obviously know that AIT was in the pipeline and that, if they didn&#039;t draw a line in the sand, then they have another big, complicated case with AIT, re-arguing the matters.  So their decision was, in my opinion, crafted to forestall their having to re-litigate AIT.  This is what I had in mind, not that they were some sort of venal apologists for Al Gore.]]></description>
		<content:encoded><![CDATA[<p>I agree that the entire case was absolute madness, but claiming it &#8220;was constructed so that AIT would not have any problems&#8221; is going to far. IMO all censorship courts are absolute madness, and OfCom in the SportxxxGirls, 10 February 2008, 22:00 decision, as a break of Rule 2.2, is a case in point.</p>
<p><strong>Steve:</strong>  Maybe. But understand that I didn&#8217;t mean this observation in a venal way, but in a practical way.  OFcom clearly did not want to be refereeing one dispute among climate scientists after another. They&#8217;ve shown considerable intelligence in their handling of this matter and would obviously know that AIT was in the pipeline and that, if they didn&#8217;t draw a line in the sand, then they have another big, complicated case with AIT, re-arguing the matters.  So their decision was, in my opinion, crafted to forestall their having to re-litigate AIT.  This is what I had in mind, not that they were some sort of venal apologists for Al Gore.</p>
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		<title>By: bender</title>
		<link>http://climateaudit.org/2008/07/21/ofcom-decision-on-global-warming-swindle-complaints/#comment-155480</link>
		<dc:creator><![CDATA[bender]]></dc:creator>
		<pubDate>Wed, 30 Jul 2008 01:07:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.climateaudit.org/?p=3328#comment-155480</guid>
		<description><![CDATA[&lt;blockquote&gt;[Ofcom] had to ascertain not whether the programme was accurate or not, but whether it materially misled the audience with the result that harm and/or offence was likely to be caused.&lt;/blockquote&gt;

So one does not have the right to take offence at media inaccuracy? Curious way of wording the ruling.

Most scientists are &lt;strong&gt;deeply&lt;/strong&gt; offended when inaccuracies masquerade as truth.

Probably not that many knowing scientists in the audience with a right to feel offended. Still.

Interesting that a claim is deemed justified when there is material harm &lt;strong&gt;OR&lt;/strong&gt; offence taken. The scientists did not need to prove accuracy, only demonstrate that the &quot;polemic&quot; offended them. In this light, Ofcom&#039;s ruling is strange. Jurisdiction over accuracy is not required to rule whether or not viewers were offended.

I wonder if any viewers felt so sick they had to visit a doctor, and got a note. Remember: accuracy isn&#039;t the issue. Offence is.

Same rules will apply for any airing of AIT.
&lt;strong&gt;
Steve:&lt;/strong&gt; What people are missing is that Ofcom&#039;s ruling was constructed &lt;del datetime=&quot;2008-07-30T11:24:22+00:00&quot;&gt;so&lt;/del&gt; in a way that AIT wouldn&#039;t have any problems.  Had Rado et al won their section 5 complaint, then AIT could not have been shown without offering rebuttal time. The entire case was absolutely madness.]]></description>
		<content:encoded><![CDATA[<blockquote><p>[Ofcom] had to ascertain not whether the programme was accurate or not, but whether it materially misled the audience with the result that harm and/or offence was likely to be caused.</p></blockquote>
<p>So one does not have the right to take offence at media inaccuracy? Curious way of wording the ruling.</p>
<p>Most scientists are <strong>deeply</strong> offended when inaccuracies masquerade as truth.</p>
<p>Probably not that many knowing scientists in the audience with a right to feel offended. Still.</p>
<p>Interesting that a claim is deemed justified when there is material harm <strong>OR</strong> offence taken. The scientists did not need to prove accuracy, only demonstrate that the &#8220;polemic&#8221; offended them. In this light, Ofcom&#8217;s ruling is strange. Jurisdiction over accuracy is not required to rule whether or not viewers were offended.</p>
<p>I wonder if any viewers felt so sick they had to visit a doctor, and got a note. Remember: accuracy isn&#8217;t the issue. Offence is.</p>
<p>Same rules will apply for any airing of AIT.<br />
<strong><br />
Steve:</strong> What people are missing is that Ofcom&#8217;s ruling was constructed <del datetime="2008-07-30T11:24:22+00:00">so</del> in a way that AIT wouldn&#8217;t have any problems.  Had Rado et al won their section 5 complaint, then AIT could not have been shown without offering rebuttal time. The entire case was absolutely madness.</p>
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		<title>By: joy</title>
		<link>http://climateaudit.org/2008/07/21/ofcom-decision-on-global-warming-swindle-complaints/#comment-155479</link>
		<dc:creator><![CDATA[joy]]></dc:creator>
		<pubDate>Tue, 29 Jul 2008 14:12:37 +0000</pubDate>
		<guid isPermaLink="false">http://www.climateaudit.org/?p=3328#comment-155479</guid>
		<description><![CDATA[Seems the  BBc has opted out of independan regulation in matters of truth and impartiality.  No wonder their record has deteriorated so strangely of late.  2003 was the last time we could expect impartiality and non bias in it&#039;s  broadcasting.  They&#039;ve  now deferred to Glasgow...also very telling... No wonder we hear so much about Scottland these days.]]></description>
		<content:encoded><![CDATA[<p>Seems the  BBc has opted out of independan regulation in matters of truth and impartiality.  No wonder their record has deteriorated so strangely of late.  2003 was the last time we could expect impartiality and non bias in it&#8217;s  broadcasting.  They&#8217;ve  now deferred to Glasgow&#8230;also very telling&#8230; No wonder we hear so much about Scottland these days.</p>
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		<title>By: joy</title>
		<link>http://climateaudit.org/2008/07/21/ofcom-decision-on-global-warming-swindle-complaints/#comment-155478</link>
		<dc:creator><![CDATA[joy]]></dc:creator>
		<pubDate>Tue, 29 Jul 2008 13:56:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.climateaudit.org/?p=3328#comment-155478</guid>
		<description><![CDATA[Regarding BBC&#039;s clearly biased headlines, the following is Ofcom&#039;s comment regarding my complaint of the BBC&#039;s latest bias:

&quot;Thank you for your email to Ed Richards dated 22 July 2008. Your email has been passed on to me to reply to as it is my department that deals with complaints about programme content.

While we note your comments on our finding, I would like to take this opportunity to clarify that Ofcom made it clear in its finding that in dealing with the complaints about the programme it had to ascertain not whether the programme was accurate or not, but whether it materially misled the audience with the result that harm and/or offence was likely to be caused.


It is not within Ofcom&#039;s remit or ability as the regulator of the ‘communications industry&#039; to establish or to seek to adjudicate on ‘facts&#039; such as whether global warming is a man-made phenomenon or not. Nor is it within Ofcom&#039;s ability to be able to reach conclusions about the validity of particular scientific theories. Ofcom&#039;s role, as regards to factual accuracy, is to decide whether the programme breached the requirements of its Broadcasting Code (in particular Rule 2.2) and to do this, it must reach an opinion on the portrayals of factual matters in a programme in order to determine whether the audience was materially mislead by them overall.



I also note that you have raised concerns about the BBC&#039;s reporting of our finding. However, these are not matters within Ofcom&#039;s remit.



Ofcom regulates BBC services in relation to material that may be thought to give rise to harm or offence, as well as in relation to complaints of unfairness and/or unwarranted infringement of privacy from individuals who have taken part or been included in programmes. However, under the terms of the Communications Act 2003, Ofcom does not regulate BBC services in relation to accuracy or impartiality. Such matters are regulated by the BBC Trust, therefore your concerns should be addressed directly to the BBC itself. If you wish to make a complaint to the BBC, the single point of contact for viewers and listeners is:


BBC, PO Box 1922, Glasgow, G2 3WT

(Tel: 08700 100 222)

www.bbc.co.uk/complaints.

Thank you once again for contacting Ofcom. Your comments are important to us.

Yours sincerely

David Best

   Case Leader
   Standards Team
   Content and Standards

   Tel: 020 7981 3899
   Fax: 020 7981 3806

   Email: david.best@ofcom.org.uk

:: Ofcom

   Riverside House
   2a Southwark Bridge Road
   London SE1 9HA
   020 7981 3000

   www.ofcom.org.uk]]></description>
		<content:encoded><![CDATA[<p>Regarding BBC&#8217;s clearly biased headlines, the following is Ofcom&#8217;s comment regarding my complaint of the BBC&#8217;s latest bias:</p>
<p>&#8220;Thank you for your email to Ed Richards dated 22 July 2008. Your email has been passed on to me to reply to as it is my department that deals with complaints about programme content.</p>
<p>While we note your comments on our finding, I would like to take this opportunity to clarify that Ofcom made it clear in its finding that in dealing with the complaints about the programme it had to ascertain not whether the programme was accurate or not, but whether it materially misled the audience with the result that harm and/or offence was likely to be caused.</p>
<p>It is not within Ofcom&#8217;s remit or ability as the regulator of the ‘communications industry&#8217; to establish or to seek to adjudicate on ‘facts&#8217; such as whether global warming is a man-made phenomenon or not. Nor is it within Ofcom&#8217;s ability to be able to reach conclusions about the validity of particular scientific theories. Ofcom&#8217;s role, as regards to factual accuracy, is to decide whether the programme breached the requirements of its Broadcasting Code (in particular Rule 2.2) and to do this, it must reach an opinion on the portrayals of factual matters in a programme in order to determine whether the audience was materially mislead by them overall.</p>
<p>I also note that you have raised concerns about the BBC&#8217;s reporting of our finding. However, these are not matters within Ofcom&#8217;s remit.</p>
<p>Ofcom regulates BBC services in relation to material that may be thought to give rise to harm or offence, as well as in relation to complaints of unfairness and/or unwarranted infringement of privacy from individuals who have taken part or been included in programmes. However, under the terms of the Communications Act 2003, Ofcom does not regulate BBC services in relation to accuracy or impartiality. Such matters are regulated by the BBC Trust, therefore your concerns should be addressed directly to the BBC itself. If you wish to make a complaint to the BBC, the single point of contact for viewers and listeners is:</p>
<p>BBC, PO Box 1922, Glasgow, G2 3WT</p>
<p>(Tel: 08700 100 222)</p>
<p><a href="http://www.bbc.co.uk/complaints" rel="nofollow">http://www.bbc.co.uk/complaints</a>.</p>
<p>Thank you once again for contacting Ofcom. Your comments are important to us.</p>
<p>Yours sincerely</p>
<p>David Best</p>
<p>   Case Leader<br />
   Standards Team<br />
   Content and Standards</p>
<p>   Tel: 020 7981 3899<br />
   Fax: 020 7981 3806</p>
<p>   Email: <a href="mailto:david.best@ofcom.org.uk">david.best@ofcom.org.uk</a></p>
<p>:: Ofcom</p>
<p>   Riverside House<br />
   2a Southwark Bridge Road<br />
   London SE1 9HA<br />
   020 7981 3000</p>
<p>   <a href="http://www.ofcom.org.uk" rel="nofollow">http://www.ofcom.org.uk</a></p>
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		<title>By: Rob Guenier</title>
		<link>http://climateaudit.org/2008/07/21/ofcom-decision-on-global-warming-swindle-complaints/#comment-155477</link>
		<dc:creator><![CDATA[Rob Guenier]]></dc:creator>
		<pubDate>Sat, 26 Jul 2008 13:08:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.climateaudit.org/?p=3328#comment-155477</guid>
		<description><![CDATA[Patrick Hadley (#126) - did you see the BBC drama &quot;Burn Up&quot;? I was away so missed it. But I gather that, not only did it preach a wholly one-sided case, but the oil industry executives (especially the Americans) were thoroughly unpleasant people who didn&#039;t give a damn about the damage they were (evidently) doing to the environment - the &quot;melting ice caps&quot;, for example, were just another opportunity for profit. In contrast, the eco campaigners - who spent a lot of time lecturing everyone about the unquestioned scientific evidence behind the global catastrophe that would result from continued CO2 emissions - were uniformly saintly, trendy, beautiful and sexy. My only consolation is that two TV critics said they were persuaded to do their bit to save the planet - by turning off their TVs.

As to a complaint, my initial thought was that, as this was a fictional drama, we would be told that questions of balance didn&#039;t arise. However, it would appear to have been in clear breach of the BBC&#039;s Editorial Guidelines that you helpfully quoted. Nonetheless, it may be that all it did was confirm the majority&#039;s sceptical reaction to constant &quot;climate change&quot; propaganda. What&#039;s your view?]]></description>
		<content:encoded><![CDATA[<p>Patrick Hadley (#126) &#8211; did you see the BBC drama &#8220;Burn Up&#8221;? I was away so missed it. But I gather that, not only did it preach a wholly one-sided case, but the oil industry executives (especially the Americans) were thoroughly unpleasant people who didn&#8217;t give a damn about the damage they were (evidently) doing to the environment &#8211; the &#8220;melting ice caps&#8221;, for example, were just another opportunity for profit. In contrast, the eco campaigners &#8211; who spent a lot of time lecturing everyone about the unquestioned scientific evidence behind the global catastrophe that would result from continued CO2 emissions &#8211; were uniformly saintly, trendy, beautiful and sexy. My only consolation is that two TV critics said they were persuaded to do their bit to save the planet &#8211; by turning off their TVs.</p>
<p>As to a complaint, my initial thought was that, as this was a fictional drama, we would be told that questions of balance didn&#8217;t arise. However, it would appear to have been in clear breach of the BBC&#8217;s Editorial Guidelines that you helpfully quoted. Nonetheless, it may be that all it did was confirm the majority&#8217;s sceptical reaction to constant &#8220;climate change&#8221; propaganda. What&#8217;s your view?</p>
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