ITV And Newsnight Investigated By Ofcom

Ofcom's Letter To MP Rob Wilson

Updated: 12:23pm UK, Thursday 15 November 2012

Here is media watchdog Ofcom's full letter to MP Rob Wilson, who complained about Newsnight and ITV.

15 November 2012

Dear Mr Wilson,

Newsnight, BBC2, 2 November 2012 and This Morning, ITV1, 8 November 2012

Thank you for your letters to Ed Richards, dated 8 and 9 November 2012, concerning the above programmes.

Mr Richards has passed your letters to me as the Director of Standards who has responsibility for the team within Ofcom that sets and enforces the rules within the Broadcasting Code ("the Code").

I understand from your letters that you seek Ofcom's confirmation that it will investigate whether:

- ITV was in breach of Section Seven of the Code by failing to provide an opportunity to respond to the individuals whose names were disclosed by Philip Schofield in connection with allegations of child abuse made in This Morning; and,

- The BBC was in breach of Section Seven of the Code by failing to provide the individual against whom allegations of child abuse were made in the Newsnight programme an appropriate and timely opportunity and to respond to the allegations before the programme was broadcast.

I can confirm that Ofcom considers that both the Newsnight and This Morning programmes raise issues warranting investigation in relation to:

1) the application of generally accepted standards by ITV and the BBC; and,

2) the application of standards to prevent unfair treatment to an individual, and unwarranted infringements of privacy.

Ofcom has general duties under section 3 of the Communications Act 2003 ("the 2003 Act") to (among other things) secure the application, in the case of all television and radio services, of:

1) standards that provide adequate protection to members of the public from the inclusion of offensive and harmful material in such services (Section 3(2)e of the 2003 Act); and

2) standards that provide adequate protection to members of the public and to all other persons from both (i) unfair treatment in programmes included in such services; and (ii) unwarranted infringements of privacy resulting from activities carried on for the purposes of such services (Section 3(2)(f) of the 2003 Act).

Therefore, Ofcom has begun investigations into whether the BBC and ITV maintained appropriate standards and ensured that these programmes complied with Rules 2.1, 7.1 and 8.1 (and the relevant "Practices to be followed") of the Code.

You also queried whether the current wording of Section Seven of the Code creates a potential loophole, in relation to innuendo and social media, which broadcasters can use to avoid the fairness requirements of the Code. We believe that Ofcom is able to investigate and properly address the issues raised by the broadcast of these programmes and the resulting speculation on social media and do not consider that there is a potential loophole of the manner you describe. However, I would be happy to discuss this issue with you if that would be helpful.

Thank you for raising these matters with Ofcom. Given the public interest in your original letters to Ofcom, we have placed a copy of this response on our website.

Yours sincerely,

Tony Close

Ofcom Director of Standards, Content, International and Regulatory Development

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Twilight's Final Movie Premieres In London

Thousands of Twilight fans, some of whom had camped out for days, got their reward when the stars of the vampire saga arrived for the premiere of the final film in the series.

Robert Pattinson told frenzied fans in London's Leicester Square that the saga had "changed everything" about his life.

The arrival of the British actor and his co-stars Kristen Stewart and Taylor Lautner was greeted with wild screaming and cheering from thousands of so-called 'Twi-hards'.

Some 6,000 of them packed the square. Many came from outside the UK, with fans from the USA, Dubai, Sweden, Norway and Hungary all amongst the crowd.

Stewart, who plays Bella, dazzled in a black lace jumpsuit, designed by Zuhair Murad.

Meanwhile, her on and off-screen partner Pattinson, who plays Edward, and Lautner, who plays Jacob, wore smart suits.

Pattinson, 26, told the crowds the saga connected to people on a "primal" level.

"For me it's changed everything about my life. I don't even think I'd be acting if I wasn't doing this, or if I hadn't done the first one," he said.

"It's crazy. The character and the whole experience combined for me.

"It's definitely really created something which connects to people on a very fundamental level, it's like primal."

He joked the fans must have a "mental disorder" to camp out in the cold but said it was "really nice" that they had stuck around, especially after five years of the films.

He said: "It's very, very, very cold and I don't understand what kind of mental disorder you have."

Stewart, 22, said: "This is weird, right? I don't know. I'm so happy that every single bit of the story is done.

"Usually we're at one of these premieres going, I don't know, you can't really feel it because you're not done. You're a little desensitised by it all because you have another one coming up.

"This time it's a trip, it is weird."

Meanwhile, Lautner, 20, said the director calling the final cut on his final scene was an emotional moment for all involved.

"My last scene was the slow dance scene between Jacob and Bella. It was an emotional time for all of us."

He also refused to settle the fierce debate among Twi-hards, who divide themselves into 'Team Edward' and 'Team Jacob' camps, in reference to the love triangle at the centre of the saga.

Asked if Bella made the right decision, Lautner said: "To be honest, I don't think she could have gone wrong either way - Jacob and Edward couldn't be more different.

"So yeah, I think she made the right choice but I don't think she would have made the wrong choice if she went with Jacob."

Twilight: Breaking Dawn Part 2 is released in UK cinemas on Friday.

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Savile Cops Arrest Man For Sex Offences

A man in his 60s and from Bedfordshire is being held by police investigating the Jimmy Savile child abuse scandal.

He was arrested at 7.45am on suspicion of sexual offences and is being questioned.

A police spokesman said the allegations made against him do not directly involve Savile and are classed under the strand of their investigation termed "others".

The Metropolitan Police Service is leading a national investigation into abuse allegations made against the disgraced television presenter.

So far, around 450 potential victims have come forward and 200 allegations of sexual assault have been made.

Officers are looking at three strands within their inquiry - claims against Savile, those against Savile and others, and those against others.

Most of the "others" allegations have been made against people associated with the entertainment industry.

So far Gary Glitter, comedian Freddie Starr and a 73-year-old man have been arrested and bailed in connection with the investigation.

Children's charity the NSPCC said it had received 236 calls about Savile, an average of five per day, since the first sexual abuse allegations emerged.

The number of contacts made about other claims of sexual abuse has trebled in the last month, rising to 550.

Director of the NSPCC's helpline Peter Watt said: "Sometimes people wait months or years before reporting abuse but we would urge them to act quickly so they can get help as soon as possible.

"While the whole Savile episode has been distressing it has also led to more victims of abuse seeking support, which is positive."

More follows...

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Lord McAlpine: Twitter Users Face Action

The former Tory wrongly linked to a child sex abuse scandal because of a botched Newsnight investigation is poised to reach a settlement with the BBC.

Lord McAlpine's lawyers are in talks with the corporation and have indicated they could agree terms as early as today.

The peer's solicitor has also urged anyone who named him on Twitter to come forward so they, too, can reach a settlement.

"We know who you are," he warned, adding specialist firms had recorded each offending post and the authors would be tracked down if necessary.

Lord McAlpine took legal action against the BBC after a Newsnight show led to him being mistakenly implicated in a paedophile ring that targeted a Welsh care home.

Although the show did not name the peer and only referred to a senior Conservative from the Thatcher era, it quickly led to him being identified online.

The Newsnight show led to George Entwistle (L) quitting as director-general

The fallout fuelled an existing crisis at the corporation sparked by the Jimmy Savile abuse allegations and led to the resignation of director-general George Entwistle.

Media watchdog Ofcom has now launched an investigation into both Newsnight and ITV's This Morning, which came under fire for ambushing David Cameron with a list of alleged paedophiles.

Indications of an early settlement with the BBC came as Lord McAlpine spoke directly about the affair for the first time, and said it had left him devastated.

He pointed out that the whole situation could have been avoided if BBC investigators had called him before airing the claims.

"They could have saved themselves a lot of agonising, and money actually, if they had just made that telephone call," he told BBC Radio 4's The World At One.

"They should have called me and I would have told them exactly what they learned later on - that it was complete rubbish and that I had only ever been to Wrexham once in my life."

He added: "It gets into your bones, it makes you angry, and that's extremely bad for you to be angry, and it gets into your soul and you just think there is something wrong with the world."

The BBC was already in turmoil because of the Jimmy Savile scandal

Lord McAlpine's solicitor Andrew Reid indicated he is seeking a smaller payout because of the inevitable impact on the British public.

"Lord McAlpine is more than aware that the ultimate people who will paying for any monies that he may receive are in fact the licence payers, the people who really own the BBC," he said.

"He is very much aware of this and hence any agreement that is reached is tempered in the light of that."

He also urged those who had named the peer on Twitter to apologise, saying: "We know exactly the extent of what you've done.

"It's easier to come forward and see us and apologise and arrange to settle with us because, in the long run, this is the cheapest and best way to bring this matter to an end."

Sally Bercow, wife of House of Commons speaker John Bercow, is among those who alluded to Lord McAlpine on Twitter. She has since apologised.

An official report into the Newsnight programme, published this week, concluded staff had failed to complete "basic journalistic checks" ahead of the show on November 2.

Steve Meesham, who claimed that a senior political figure of the time had abused him, was not shown a picture of the person he pinpointed and Lord McAlpine was given no right of reply.

There was also confusion about the chain of command and who had ultimate responsibility for signing off the show because editors had stepped aside in the wake of the Savile scandal.

After rampant speculation prompted the peer to issue an extraordinary statement protesting his innocence, Mr Messham was shown a picture and confirmed he had made a mistake.

Newsnight made a full, on air apology for the broadcast and hours later Mr Entwistle resigned. BBC director of news Helen Boaden and her deputy Stephen Mitchell have also now stepped aside while internal inquiries take their course.

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Railway Guard Jailed Over Teen's Death

Railway guard Christopher McGee has been jailed for five years over the death of teenager Georgia Varley.

The 45-year-old was convicted of the manslaughter of the drunk teenager after he signalled for a train to move as she was leaning against the carriage.

He was found guilty of manslaughter by gross negligence by a unanimous jury at Liverpool Crown Court on Wednesday following a two-week trial.

College student Georgia, 16, had been on a night out in Liverpool with friends when she fell between the train and the platform at the city's James Street station in October last year.

She was three times the legal drink-driving limit and had 0.083mg of the drug mephedrone, or Mcat, in her system at the time, the court heard.

Georgia was described by her father as "special and unique"

The prosecution said McGee, of Edenhurst Avenue, Wallasey, Wirral, was negligent because he gave the signal to the driver to start the train when Georgia was in contact with the train and was in an "intoxicated state".

McGee, who denied manslaughter, told the jury he thought Georgia was moving away from the train when he gave the signal to depart. He also said he did not know how drunk she was.

But Mr Justice Holroyde told McGee: "In my judgement, the CCTV footage is unequivocal, Georgia Varley was not moving away and she was not showing any sign of moving away.

Christopher McGee had denied manslaughter

"She only moved when the movement of the train deprived her of support and caused her to lose balance and fall to her death."

He added: "You did not intend to kill or even injure her, but you displayed an appalling disregard for her safety, and she paid for your criminal negligence with her life."

CCTV footage of the incident was shown to the jury during McGee's trial.

Georgia could be seen mistakenly getting off the train just before 11.30pm, and then turning around and leaning against the side as she realised her friends were still on board.

The Birkenhead Sixth Form College student was then seen to stagger and fall down the gap as the train moved off, before stopping after travelling around 30ft.

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Treatment Of Schizophrenia Patients 'Shameful'

By Thomas Moore, Health and Science Correspondent

Standards of care in some mental health units are so poor that they make patients worse, not better, a new report claims.

An independent inquiry into schizophrenia describes the care given to some patients on secure wards as "shameful".

The Schizophrenia Commission found staff in some units are burnt out and demoralised, and are shut away in offices doing paperwork rather than talking to patients.

The commission's report, An Abandoned Illness, says patients are given drug treatments and then left to watch television, when they should be receiving psychological help, such as Cognitive Behaviour Therapy.

On average a stay on an acute mental health unit costs more than £12,000.

Professor Robin Murray, who chaired the commission, said more money should instead be aimed at better - and cheaper - intervention in the early stages of illness, which can reduce the likelihood of patients deteriorating to the point that they need acute care.

"People are being badly let down by the system in every area of their lives," he said.

"People with psychosis need to be given the hope that it is perfectly possible to live a fulfilling life after diagnosis.

"We have no doubt that this is achievable."

Schizophrenia affects more than 220,000 people in England alone. One in six people will have symptoms of psychosis, such as hallucinations, at some stage of their lives.

The Commission calls for clearer warnings on the use of cannabis, to reduce the risk of schizophrenia.

It also says psychiatrists should improve their prescribing to ensure patients are on effective treatment with the minimum of side effects.

Laura Sherlock used to be a professional trombone player and toured the world, despite suffering delusions and feeling suicidal.

She was put on anti-psychotic treatment that left her unable to play music.

"I felt numb, deathly tired and barely able to move or think," she said.

"When I stopped taking my tablets I was given medication by injections - I had no say in my own treatment."

Paul Jenkins, of the charity Rethink Mental Illness, said: "It is a scandal that in 2012 people with schizophrenia are dying 15 to 20 years earlier than the general population and that only 7% are able to get a job.

"Too many people are falling through the gaps in the system and ending up in prison or homeless."

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The Killers' Gigs Cancelled Due To Sore Throat

The Killers have been forced to cancel one of their UK concerts after just four songs because their lead singer was suffering from a sore throat.

Thousands of fans at the sold-out Manchester Arena were left disappointed when Brandon Flowers was unable to continue the show after losing his voice.

The US rock band had been due to play a second gig at the Arena on Wednesday, but that has now been cancelled as well.

The Killers apologised for the abrupt cancellation and said they hoped to reschedule both gigs.

They tweeted: "Both Manchester shows (scheduled for the 13th & 14th) have been cancelled. We will have info about the rescheduled dates very soon."

They added on Facebook: "Manchester, we started something we couldn't finish and we're so, so sorry. Working on rescheduling tonight and tomorrow's shows. Will let you know new dates ASAP."

Flowers, seen here in August, managed to struggle through three full songs

Katherine Vine, a reporter for the Manchester Evening News, was at Tuesday night's gig. She said: "They played Mr Brightside and it sounded fine. I thought it was going to be great.

"But after the third song, Smile Like You Mean It, Brandon said that his voice had gone and that he had a Chinese remedy drink so he would take that.

"They started the fourth song, but he didn't sing a lot of it and was motioning to the rest of the band that he could not carry on.

"They left the stage and then a bloke came out and said that the gig was cancelled."

However, she said the crowd reacted well to the bad news.

"There were a few boos, but most people just applauded and made their way home," she added.

Manchester Arena said ticketholders should retain their tickets and contact their point of purchase for further information.

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April Jones: Police Stop Searching River

Police looking for missing five-year-old April Jones have switched the focus of their search to a forest, the police officer in charge of the operation has said.

Superintendent Ian John, of Dyfed-Powys Police, said officers had stopped combing the river, which had previously been at the centre of the search, and were instead looking at the land around it.

He said they still had 150 officers working on finding April at any one time in a continued effort to find her, more than six weeks after she went missing.

April was last seen on October 1, getting into a vehicle after playing near her home on the Bryn y Gog estate in the town of Machynlleth, Powys.

Her disappearance sparked the biggest search operation ever undertaken by the Dyfed-Powys Police force, covering 23 square miles.

Seventeen specialist teams continue to work on the case and are investigating all lines of enquiry.

Officers and coastguards had concentrated their efforts on the River Dyfi but are now focusing on the 6,000 hectares of surrounding forest land.

Search teams scouring the River Dyfi

Supt John said: "We've still got a number of search areas to investigate, but at the moment teams are primarily working in the Dyfi Forest.

"We are not searching the river actively now. The coastguard have stopped doing that, they have adequately searched the water as much as they can.

"Instead, it's primarily the woodland areas, the old slate quarries and the fields which are the main focus of the operation now."

Hundreds of members of the public joined in the search for April and they continue to raise money to help fund the search.

Supt John said: "I can't truly express how hard going the work is, the guys have been out there in the pouring rain day after day and still they continue.

"We are not searching weekends anymore because they officers all need to rest, but we are still working at an intensive level."

Mark Bridger, 46, a former abattoir worker, has been charged with April's murder and is due to appear in court on January 11.

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Energy Firm SSE Defends 38% Profits Rise

The energy firm SSE has defended a 38% rise in half year profits at a time when its gas and electricity bills are rising by 9% on average.

The company, formerly known as Scottish & Southern Energy, made an adjusted profit before tax of £397.5m in the six months to September 30.

SSE's retail business, which supplies electricity and gas to homes and businesses, reported an operating profit of £75.7m for the first-half after posting an operating loss of £101.4m a year ago.

Lord Smith of Kelvin, the firm's chairman, said: "While some observers may choose to criticise SSE for making a profit and paying a dividend (of 25.2p per share - a rise of 5%) I believe that profit and dividend allow SSE to employ people, pay tax, provide services that customers need, make investments that keep the lights on and create jobs while providing an income return that shareholders like pension funds need."

In August SSE, which trades as Southern Electric, Swalec and Scottish Hydro and is the UK's second-largest generator of electricity, became the first of the so-called 'big six' energy firms to announce inflation-busting increases to household bills.

It blamed "sustained increases" in the cost of using the electricity and gas networks, costs associated with mandatory Government schemes and the price it had paid for energy in the wholesale markets for the 9% rise, which came into effect last month.

Wholesale gas charges had risen 14% year-on-year, the group said and its bill increase would add another £8.53 a month on to the typical monthly direct debit, dual fuel customer - taking the average annual bill to £1,274.

In its statement today SSE said that despite the rise its retail profit margin was just 1.5%.

"The prices achieved for generating electricity have been weak and higher gas and non-energy costs unfortunately had to be reflected in the increase in household energy prices."

Adam Scorer, Director of Policy and External Affairs at Consumer Focus, suggested energy firms only had themselves to blame for criticism of profits.

"The furore over wholesale costs, energy pricing and company profits has deepened consumer distrust in the energy industry.

"Energy companies need to make profit so they can invest in our energy infrastructure. But if confidence is to be rebuilt in this market, the information that all energy firms are required to provide must be fully transparent, comparable, and include profit and trading information from across the whole of their business."

SSE's share price opened up slightly when trading began on the FTSE 100.

At the same time, rival npower - another of the 'big six' confirmed an operating profit - a different measure to that of SSE - of £238m for its first nine months.

That represented a 2% fall on the same period last year, the company said.

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Requests To Pull UK Google Web Links Double

UK Government agencies and courts nearly doubled their number of requests for links to online content to be removed, Google has revealed.

The internet search firm said it received 97 content removal requests between January and June asking for more than 3,000 items to be taken down.

The firm's Transparency Report said this was an increase of 98% compared with the previous six-month period.

It said it had been asked by one unnamed British law enforcement agency to remove 14 search results.

The force in question said the results were linking to sites that criticised the police, and claimed individuals were involved in obscuring crimes.

Google said it did not remove any content in response to this request.

It said it also received a request from another local law enforcement agency to remove a YouTube video accusing it of racism. Again, it said it did not remove any content.

Google regularly gets requests from government agencies and courts around the world to remove content from its services.

It said: "Governments ask companies to remove content for many different reasons.

"For example, some content removals are requested due to allegations of defamation, while others are due to allegations that the content violates local laws prohibiting hate speech or pornography.

"Laws surrounding these issues vary by country, and the requests reflect the legal context of a given jurisdiction."

Worldwide, Google received 39% more requests to remove links to allegedly defamatory content, while there was a 20% rise in requests regarding privacy and security concerns.

The defamation requests included cases involving a local mayor, judge and police chief in Brazil, a government official in China and a politician's wife in Germany.

In response to a court order in India, Google removed 360 search results linked to web pages containing adult videos that allegedly violated an individual's personal privacy.

In Monaco, Google received a request from the legal representatives of a member of the royal family to remove five blog posts containing images that allegedly violated her privacy.

It said it removed four of the blog posts cited in that request.

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