OTTAWA – Blue Ant Media’s HIFI network has been chastised by the Canadian Broadcast Standards Council (CBSC) for failing to keep official copies of broadcasts that were the subject of a complaint.
The CBSC contacted the TV service after receiving a viewer complaint on June 6, 2018 that alleged 22 issues within various shows, including the presence of adult-oriented coarse language, sexuality and violence during daytime hours, that HIFI had incorrectly rated such programming, and that the programming lacked adequate viewer advisories. The complainant also provided detailed times and descriptions for each instance.
In its response to the complainant, HIFI acknowledged that the issues had in fact occurred, but that it had instituted measures to ensure such errors would not recur.
On June 14, the CBSC sent its customary request to the broadcaster asking it to conserve the loggers for the broadcasts in question. Loggers are recordings of exactly what went to air, and include the program itself, plus any interstitial content such as advisories, classification icons, and commercial breaks. HIFI confirmed that it was saving the loggers.
However, rather than send the full broadcasts of each program, HIFI sent 51 video files, each containing a three-minute segment showing only the precise moments mentioned by the complainant. When the CBSC again requested the full loggers, HIFI apologized and responded that it no longer had them.
The CBSC’s English-Language Panel examined this situation under its Broadcaster Associates Manual which outlines broadcaster associates’ ‘Responsibilities of Participation in the CBSC’ and other aspects of the CBSC’s complaint-resolution process and expectations with respect to loggers. Both CRTC regulations and CBSC Broadcaster Associate responsibilities require conventional radio, conventional television, and discretionary television stations to keep official logger files of all their programming for 28 days following the broadcast. It is 60 days for satellite radio providers.
The Panel concluded that HIFI had failed to meet this responsibility, noting that the collection of three-minute video clips was inadequate for it to rule on the substance of the complaint.
“Accordingly, HIFI’s failure to provide the full loggers as required under the CBSC Broadcaster Associates Manual means that the CBSC Panel was not able to conduct a full review of the complaint and ensure that the entire broadcasts met all applicable broadcast codes”, reads the decision. “The fact that HIFI admits that the issues identified by the complainant had in fact occurred does not obviate their requirement to provide adequate loggers.
In fact, HIFI recognized its failure to provide adequate loggers for CBSC purposes but did not offer any justifications for its failure. Given that in a previous complaint HIFI did meet its logger requirements, the Panel can see no justification for HIFI’s failure to do so in present circumstances. Proper resolution of complaints requires that broadcasters meet at a minimum their logger requirements. This is fundamental to the CBSC process.”
The decision adds that HIFI is required to:
1) announce the decision, in the following terms, once during prime time within three days following the release of this decision and once more within seven days following the release of this decision between 3:00 pm and 5:00 pm (ET), but not on the same day as the first mandated announcement;
2) within the fourteen days following the broadcasts of the announcements, to provide written confirmation of the airing of the statement to the complainant who filed the Ruling Request;
and 3) at that time, to provide the CBSC with a copy of that written confirmation and with air check copies of the broadcasts of the two announcements which must be made by HIFI.
Created in 1990 by Canada’s private broadcasters, the CBSC currently administers five codes which deal with ethics, equitable portrayal, violence, news and journalistic independence. Around 800 radio stations, satellite radio services, conventional and discretionary television services across Canada participate in the Council.
