Probe into Brand show could land BBC £250k fine

The Ofcom investigation into the Russell Brand show could potentially lead to a fine of £250,000 (€312,000) for the BBC, if the watchdog finds that the corporation has breached the Broadcasting Code.

That is the maximum financial penalty which can be levied on the corporation in such a case.

Ofcom has launched an inquiry into the programme after receiving a number of complaints about it.

It said in a statement: “All UK broadcasters must adhere to Ofcom’s Broadcasting Code which sets standards for the content of television and radio broadcasting.

“It also deals with issues such as fairness and privacy.”

It was thought the investigation would consider rule 2.1 of the Code, which says that generally accepted standards must be applied to the contents of television and radio services so as to provide adequate protection for members of the public from harmful and/or offensive material.

It would also look at rule 2.3, which says broadcasters must ensure that material which may cause offence is justified by the context.

Lawyer and broadcaster Mark Stephens, of law firm, Finers Stephens Innocent, said sections seven and eight, which deal with fairness and privacy, were also relevant.

“Section seven deals with ’wind-up’ calls, and to some extent this was a wind-up call. Unless there is some public interest justification you cannot be exposed to public ridicule or personal distress.

“Section eight deals with privacy – you shouldn’t record people without giving prior warning.”