Buzz Asia has failed to produce a proper recording for a programme broadcast containing “sexual” references during a breakfast show in October 2012.
Media regulator Ofcom requested a recording of the programme from the station in order to assess the complaint. However, it provided an audio file that contained a recording of the programme but over the top of this had been recorded another broadcast transmitted on sister station Kismat Radio. As a result it was not possible for Ofcom to assess the content of the Buzz Asia programme to which it had been alerted to by a listener.
The owners of Buzz Asia, Litt Corporation explained that due to a “technical fault” the recording of Buzz Asia output had been mixed up with that of Kismat played out at the same time and they could not be separated. It did, however, provide Ofcom with a transcript of the material.
The owners also said that to avoid a recurrence, it now records the output of its services on individual machines.
Under the Communications Act 2003, Ofcom has a duty to ensure that in each broadcaster’s licence there are conditions requiring that the licensee retains recordings of each programme broadcast in a specified form and for a specific period after broadcast; and complies with any request by Ofcom to produce such recordings.
Ofcom said, “The failure by Litt Corporation to meet the requirements of Condition 8 is a breach of its licence because it resulted in Ofcom being unable to fulfil its statutory duty properly to assess and regulate broadcast content in this case.”