Ofcom has held off publishing rulings about the BBC1's Pedigree Dogs Exposed documentary after sparking "unprecedented" anger from the corporation.

According to sources, Ofcom told the BBC last week that it had upheld three of 19 complaints about the documentary, which famously caused a rift between the BBC and the Kennel Club, and said it would publish the decision today [9 November].

The documentary, by Passionate Productions, identified serious issues affecting the health and welfare of some pedigree dogs and led to a decision to suspend BBC coverage of the annual Crufts dog show. The Kennel Club subsequently changed its "breed standards" and banned the breeding of close relatives.

But the Kennel Club took issue with the documentary and hired law firm Schillings to make a series of complaints. It is understood that two of the complaints centred on misrepresentation of specific dog breeders and one was about a comparison between dog breeding and Nazi eugenicists.

However, the BBC reacted furiously to Ofcom's decision, privately complaining about the way the investigation was conducted and heaping pressure on the regulator to overturn its judgement.

"I've never known such anger inside the BBC about a ruling. Very, very senior figures were furious. Judicial reviews were considered. Ofcom have given in to the pressure," an insider said. Even as late as last night, it seemed that Ofcom would publish its ruling today - but its fortnightly bulletin was issued this morning with no mention of Pedigree Dogs Exposed.

"Odd" questions

BBC sources claimed Ofcom asked "odd" questions in its call for evidence, and then would not allow the corporation to submit any additional material which would have supported its argument. They also raised concerns that Ofcom's Kath Worrall oversaw both the initial complaint and the appeals process as a member of the media regulator's content board as well as chair of its fairness committee.

"They got the same person to be judge and jury. It took a record time for Ofcom to rule on and there was an unprecedented level of protest to Ofcom, right up until the last minute," a source said.

It is understood has Ofcom restructured its appeals process following the complaints but maintained that it would stand by its decisions on Pedigree Dogs Exposed. It is not clear whether Ofcom will use the extra time to reconsider its ruling.

Ofcom, the BBC and Pedigree Dogs producer/director Jemima Harrison all declined to comment.

....looks like they can dish it out but revert to bully boy tactics when the tables are turned - SHAME on the BBC !

Yvonne

Shame on the BBC!

>Ofcom has held off publishing rulings about the BBC1's Pedigree Dogs Exposed documentary after sparking >"unprecedented" anger from the corporation.

>the BBC reacted furiously to Ofcom's decision, privately complaining about the way the investigation was >conducted and heaping pressure on the regulator to overturn its judgement.

>Even as late as last night, it seemed that Ofcom would publish its ruling today - but its fortnightly bulletin was >issued this morning with no mention of Pedigree Dogs Exposed.

Seems like the Beeb have Ofcom well trained then, one shake of the leash ...

> ....looks like they can dish it out but revert to bully boy tactics when the tables are turned - SHAME on the BBC !
>

I have noticed the BBc talk at people they are interviewing same as some we could mention do. So to move to Bully Boy tactics does not surprise me, ......... well actually it does.... I thought they'd have been doing this before any decision was reached... Ah but then they are always right, which is why they talk at you not to you.

Hi Yvonne

Thanks for the 'heads up' - where did your source material come from?

http://www.broadcastnow.co.uk/news/regulation/ofcom-bows-to-bbc-over-pedigree-dogs-ruling/5007898.article

There seems to be a very long winded complaints proceedure so I am sure the KC lawyers are still on the case

http://www.ofcom.org.uk/about/csg/ocb/ocb_members/worrall/

Reviewing an Executive Decision
25. If the complainant or broadcaster is dissatisfied with a decision made by the Case Leader or the Executive Fairness Group (Entertainment Decision or Provisional Decision respectively) then they may request a review within 10 working days. Any requests for an extension of time must be in accordance with paragraph 16 above. A review will normally only be granted if the dissatisfied party puts forward an arguable case that the decision is flawed on, for example, any of the following grounds:

a material mistake of fact has been made in reaching the decision;
the decision is unlawful (Ofcom has acted outside its powers or otherwise applied the law wrongly, including the Human Rights Act 1998);
the decision includes insufficient reasoning (the reasons given for the decision are inadequate);
undue or insufficient weight has been given to a piece or pieces of evidence;
there was a material failure to follow published outline procedures or Ofcom has otherwise not conducted a fair process;
the decision is unreasonable or perverse (no reasonable person could have reached the decision).
26. The decision whether or not to grant a review will be taken by a more senior member of the Executive who was not party to the original decision, and will normally be made by reference only to the grounds for review put forward by the person who has requested it. Advice may be sought from an Ofcom lawyer who has not previously been the appointed legal advisor on the case. Reasons for the decision will be provided to both parties.

27. Any review granted will be undertaken by the Fairness Committee (see section on the Fairness Committee below). The Fairness Committee will normally only reconsider those elements of the decision under review, on the grounds put forward by the party who requested a review. However, there may be exceptional circumstances where other elements of the decision will be referred to the Fairness Committee for review. The decision of the Fairness Committee on any Entertainment Decision or adjudication, referred to it for review, is final.

28. If a review of a Provisional Decision is not granted, the adjudication is finalised and will be sent to both parties.

The Fairness Committee
29. The Fairness Committee will consider cases referred to it by the Executive for decision, for example, because they are complex (see text box below for information on the Fairness Committee).

The Fairness Committee

The Ofcom Board has delegated authority to the Fairness Committee in relation to fairness and privacy complaints.

The remit of the Fairness Committee includes:

a) deciding whether to entertain or proceed with the consideration of fairness and privacy complaints where such decisions have been referred to it by the Case Leader;

b) considering and adjudicating on fairness and privacy complaints referred to it by the Case Leader or the Executive Fairness Group (for example, due to their complexity); and,

c) reviewing an Entertainment Decision or Provisional Decision made by the Case Leader or the Executive Fairness Group respectively where either one or both of the parties have made out a case for that decision to be reviewed (see section on "Reviewing an Executive Decision" above).

The Fairness Committee consists of a minimum of three members, all of whom are drawn from the Content Board. The Committee is attended by a legal adviser and, as appropriate, any other Ofcom colleagues. For more information on the Fairness Committee's role please refer to Ofcom's website.


30. The Fairness Committee will make a decision, based on the submissions of both parties, at a Decision Meeting.

31. In some circumstances Ofcom may decide to hold a hearing (see text box on Hearings below) before reaching a decision(-7-), if Ofcom considers that a hearing will advance its understanding of the case. For example where there is a conflict of interest, or a lack of clarity in the written submissions, which is likely to be resolved by a hearing. At the hearing the parties will be invited to make oral representations. Normally fifteen working days notice of the hearing date will be given to the parties. Hearings may take place in Scotland, Wales, Northern Ireland or England, as appropriate.

Hearings

Hearings are held in private. A representative from Ofcom will make notes, but the hearings will not normally be recorded. Each of the parties may bring to the hearing any other person (normally up to a maximum of three other people). Their names, connection to the case and a description of the role they intend to play at the hearing, should be given to Ofcom at least five working days before the hearing. Ofcom must also be informed if any person to attend a hearing is under the age of 16.

The procedure at the hearing will be at the discretion of the Chair, but will normally be as follows:

the Chair explains the proceedings;
the complainant briefly summarises their case (normally up to 10 minutes);
the broadcaster briefly summarises its case (normally up to 10 minutes);
the Fairness Committee may put questions to the broadcaster and/or the complainant;
at the Chair's discretion, the parties may ask each other questions but only through the Chair;
the broadcaster then makes a brief final statement (normally up to 5 minutes); and,
the complainant then concludes with a brief final statement (normally up to 5 minutes).


32. New material is not normally accepted at the hearing. The admission of new material will only be considered if it is:

considered relevant to the complaint; and,
significant in advancing Ofcom's understanding of the complaint; and,
could not reasonably have been produced earlier.
Whether such material is admitted at the hearing will be at the discretion of the Chair. If new material is admitted it will be provided to the other party who will then be given an opportunity to comment on it.

33. At the Decision Meeting or following the hearing, the Fairness Committee will decide if the complaint is upheld, partly upheld or not upheld.

34. The Fairness Committee's Provisional Decision (or Entertainment Decision) will be sent to both parties. 10 working days will be allowed for comment. Either party may raise factual inaccuracies or typographical errors for consideration by the Committee. In addition either party may draw to the attention of the Fairness Committee that in their view the decision merits reconsideration(-8-) on, for example, any of the following grounds:

a material mistake of fact has been made in reaching the decision;
the decision is unlawful (Ofcom has acted outside its powers or otherwise applied the law wrongly, including the Human Rights Act 1998);
the decision includes insufficient reasoning (the reasons given for the decision are inadequate);
undue or insufficient weight has been given to a piece or pieces of evidence;
there was a material failure to follow published outline procedures or Ofcom has otherwise not conducted a fair process;
the decision is unreasonable or perverse (no reasonable person could have reached the decision).
35. If Ofcom feels that a point has been made which is material to the substance of the decision, then any such representations will be copied to the other party who will then be given 10 working days to comment. Those comments will be copied to the other party for information. Any requests for an extension of time must be in accordance with paragraph 16 above.

36. The Fairness Committee will take into account all material representations and comments before it concludes the adjudication (or Entertainment Decision). The final adjudication (or Entertainment Decision) of the Fairness Committee will then be sent to both parties.

Adjudications generally
(Fairness Committee and Executive Fairness Group)

37. Ofcom will normally publish, in the Ofcom broadcast bulletin on its website, a copy of its adjudication on each complaint.

38. If a complaint is upheld or partly upheld, then Ofcom may also direct the broadcaster to broadcast a summary of its adjudication(-9-). Both parties will be given the opportunity to comment on the summary of the adjudication.

39. Ofcom will normally make such a direction where there has been a breach of the fairness and/or privacy sections of the Ofcom Broadcasting Code which has resulted in a complainant's legitimate interests being seriously damaged and requires a remedy over and above publication in the Ofcom broadcast bulletin. Any decision to direct will reflect Ofcom's duties to be proportionate, consistent and targeted only at cases on which, in Ofcom's view, action is merited.

Sanctions
40. If Ofcom believes that a fairness and privacy adjudication against a broadcaster may justify consideration of a statutory sanction against the broadcaster, (according to Ofcom's published criteria for considering sanctions), then the case will be referred back to a Case Leader. The Outline Procedure for Statutory Sanctions in Content Cases will then apply (for more information please refer to Ofcom's website).

Thought we lived in a Democracy? 

Ofcom, the BBC and Pedigree Dogs producer/director Jemima Harrison all declined to comment.
  Stuck for words, that makes a change eh :-D :-D

That's what you're supposed to think ;) 

My feelings too Dill!

http://entertainment.timesonline.co.uk/tol/arts_and_entertainment/tv_and_radio/article6910296.ece

BNP!  we may as well have patted PP on the back and said job well done

> the BBC and Pedigree Dogs producer/director Jemima Harrison* all declined to comment.
>

Perhaps we should call in a vet! :-D :-D :-D

Can give it all out, but can't take it - huh?

Maybe she will begin to feel how we felt!  Abso-bl**dy-lutely betrayed !


Perhaps we should call in a vet! :-D :-D :-D

:-D :-D

I think a fair balanced view is never going to come out of this and the damage the show done will take a long time to be undone BUT at least these small publications will show the producers and the BBC is their true light.

Pedigree Dogs producer/director Jemima Harrison declined to comment.

They obviously don't read this forum much then. It's a shame she doesn't decline to comment a bit more often! ROFLOL!!