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DM Digital in trouble over sponsorship

DM Digital has been rapped by Ofcom for airing a sponsorship credit, which looked more like an advert rather than a sponsor tag.

Ofcom requested a recording of the programme ‘Zaika He Zaika’ from the broadcaster on 12th August 2010. Having received no response, Ofcom contacted the broadcaster by email on 24th August 2010 and 31st August 2010 and by telephone on 31st August 2010 and 2nd September 2010, to reiterate its request. Ofcom received a recording of the programme on 6th September 2010.

DM Digital said that it monitored the sponsorship credits broadcast on other channels a reference point and had “tried to keep as little information in the sponsor credits as was possible…to comply with Rule 9.13”. However, following Ofcom’s request for comments, the broadcaster said it “reconsidered its interpretation of Rule 9.13” and therefore “issued revised instructions to its staff regarding the criteria they must apply when assessing the suitability of sponsorship credits.”

Ofcom noted that the broadcaster said it had used the sponsorship credits broadcast on other channels as a guide for what information is acceptable in a credit. However, Ofcom has “strongly advised broadcasters not to make assumptions about the compliance of their material on the basis that similar content may have already been broadcast.”

Ofcom noted the broadcaster’s review of the sponsorship credit and subsequent acknowledgement of the compliance issues it raised with regard to Rule 9.13. However, since the credit included references to the sponsor�۪s location, two methods of telephone contact details and pricing information, Ofcom concluded that this went beyond the basic information required to identify the sponsor.

In relation to DM Digital�۪s delay in providing the recording in this case, Ofcom considered the broadcaster�۪s explanation that its compliance contact had been on extended leave when Ofcom sent its recording request. In order for Ofcom to carry out its statutory duties, it is essential that broadcasters make necessary arrangements to ensure requests from Ofcom are received.

Broadcasters are therefore required to provide Ofcom with accurate and up-to-date details of compliance contacts. Ofcom could find no record of receiving notification from DM Digital that the broadcaster’s contact details held on Ofcom�۪s records should be updated. In the circumstances, Ofcom concluded that DM Digital did not provide the requested recording “forthwith” as required by Condition 11 of its licence.