Re: Sundance Festival 2019 - Controversial MJ Documentary "Leaving Neverland"
Re OFCOM vs Channel 4 Factual Programme Guidelines
Looking at the OFCOM 'Complaint' pages, it seems that it is expected that the complainant will have
seen the programme, before making a complaint. (
OFCOM will only look at complaints regarding programmes screened 'in the last 20 days' - see reference under Complaints to Channel 4 below.)
The Estate reps. have seen the programme, and one or two others who have tweeted / posted to the fan community, but of course most of us have not. And in any case, the aim of complaints at this stage are to prevent the programme (at least in it's current biased format) from being broadcast.
(I think OFCOM also generally expects that the relevant broadcasting Channel has been contacted first, with the complaints.)
A more (currently) suitable and accessible way for fans to make complaints, may be to contact Channel 4 about its 'Factual Programme Guidelines', and the information that we already have from Reed and Sundance that indicates that these guidelines seem not to have been met.
Here are the
Channel 4 Factual Programming Guidelines, specifically on 'Right to Reply' :
Channel 4 Right to Reply
If a programme makes significant allegations against an individual or organisation, those concerned should be given an appropriate and timely opportunity to respond.
Right to reply letters are drafted by the producers with input from the commissioning editor and lawyer. They should include the programme description, transmission date where known, sufficient information to enable those concerned to reply properly and a reasonable deadline for the reply. A right to reply letter will be required in many factual programmes and any exception must be approved by the commissioning editor and lawyer, for example, where those concerned have already issued a public statement addressing the allegations which can be fairly reflected in the programme.
The timing of a right to reply will depend on the nature and seriousness of the allegations, the extent to which they are already in the public domain and the ability of those concerned to respond. It is worth remembering that the timing of responses may affect the content of press releases and trailers to publicise your programme.
It is a matter of editorial judgement whether the right to reply letter offers the individual or organisation an interview in the programme or asks for a statement in response to the allegations.
The programme should fairly represent the substance of the individual or organisations response but it is not normally necessary, in the interests of fairness, to reproduce a response in its entirety.
Where an individual or organisation withdraws their proposed response or only provides a response marked not for publication, there is still an obligation to ensure that material facts have not been presented, disregarded or omitted in a way that is unfair. In these circumstances the programme should explain the reasons for the absence of a contribution, and reflect any material facts in relation to the position of those concerned, if it would be unfair not to do so.
Where an individual or organisation chooses to make no comment or refuses to give an interview, the programme should make their reasons clear, if it would be unfair not to do so.
Letters from individuals or organisations or from their lawyers or PR representatives marked confidential and not for publication, should not be disclosed to any third parties outside the production without the express agreement of your commissioning editor and lawyer.
If the right to reply is dependent on a single source or evidence provided by a source who has a personal interest in the story e.g the alleged victim of the subject of the investigation, then right to reply letters should not be issued until satisfactory corroborative evidence has been obtained to verify the claim.
Here is a relevant extract from the
Channel 4 Guidelines on 'Fact Checking' :
Fact Checking
It is important that production teams do not adopt a 'groupthink' approach to a story and that they review, challenge and are suitably sceptical of all evidence and contributors motives.
All allegations and the facts upon which they are based should be thoroughly researched, corroborated and double-checked.
https://www.channel4.com/producers-handbook/c4-guidelines/factual-programme-guidelines
I think the Estate should have been given a 'right to reply' and should be making initial complaints to Channel for regarding breaches of their own guidelines.
http://www.complaintsnumbers.co.uk/numbers/channel-4
Making A Complaint
You can complain to Channel 4 on 0843 254 9025. Lines are open Monday - Friday 9.00am - 9.00pm, Saturday/Sunday 10.00am - 7.00pm and on public holidays 10.00am - 6.00pm.
The telephone number and the general complaints section is accessible through the 'Contact Us' section of the website. In the '4 Viewers' part you can also contact Channel 4 via an online form and there is a postal correspondence option.
If your complaint is not resolved to your satisfaction, it is possible to contact various regulators and watchdog organisations:
Ofcom are the industry regulator and their website (address below) provides full information on how to complain.
They can only act on programmes already broadcast within the previous 20 days