UK-based
DM Digital TV has been hit with a "statutory sanction" and fined
£15,000 by UK regulator Ofcom for serious breaches of the UK
broadcasting code. DM Digital TV describes itself as the UK's first
Pakistani TV network to broadcast from Manchester, in the north-west
of England. Dr Liaqat Malik, a lawyer, founded the Urdu-language
channel.
DM
Digital TV transmitted an edition of its weekly programme ‘Health
is Wealth' at 7.45am on March 8 2007. The show carried an interview
with Dr
Professor Mohammed Jamil Jilu ("Dr Jamil"), a homeopath. The
complaint was that Dr Jamil made potentially dangerous claims
regarding the successful use of his homeopathic medicines to treat
and cure serious conditions including cancer, diabetes and hepatitis.
The complainant was also concerned that the programme appeared to be
used as a platform for promoting Dr Jamil's homeopathic practice.
Dr
Jamil stated during the programme, for example, that "There is a
full and successful treatment of cancer in homeopathy"; and
regarding hepatitis, "...I believe that if you use our medicine for
1 month your hepatitis will become negative and you will not need to
take any other medicine for you life and you will not get hepatitis
or any other illness as it will build up your immune system God
willing".
Ofcom
investigated and found that Dr Jamil was the sponsor of the
programme, a fact that was not made clear to viewers. Jamil had made
the programme and supplied the content and thus must comply with
Ofcom rules on sponsorship.
The
complainant's main concern was that the programme was broadcast in
Urdu and that the TV channel would be viewed by people living in the
UK of Pakistani origin amongst some of whom, he said, levels of
medical awareness are low. He believed that some viewers could easily
be exploited and might come to grave harm. He was also concerned that
the programme appeared to be used as a platform for promoting Dr
Jamil's medical practice.
Ofcom
considered that the programme allowed Dr Jamil, an alternative health
practitioner, to make unsubstantiated and potentially dangerous
medical claims regarding the ability of his homeopathic treatments to
cure serious illnesses. This could have resulted in viewers with
treatable cancers and other significant medical problems to dispense
with orthodox medical treatment in favour of Dr Jamil's treatments.
Ofcom, therefore, considered that this failure to apply generally
accepted standards resulted in inadequate protection being provided
to viewers against this material which had a clear potential to cause
vulnerable members of the audience very serious (and possibly
life-threatening) harm. The programme was, therefore, in breach Rule
2.1 of the Code.
There
were multiple other breaches revolving around the question of
sponsorship. The maximum fine that a Court could apply for a criminal
offence related to the Cancer Act 1939 (advertising a treatment for
cancer) was £1000.
DM
Digital argued that other (ethnic) channels were also carrying Dr
Jamil's programming, and that it was a "small budget channel
providing a service to an ethnic community that is not represented"
and "an extreme fine would take [it] out of business". It
submitted that as far as Pakistan was concerned the content was not
unacceptable and it met regulatory guidelines. DM Digital also
explained that the breaches occurred because the Compliance Manager
employed at the time did not properly check the programme. It was
also not picked up by the Programme Manager before broadcast and was
transmitted without the Chairman's knowledge or consent.