Ofcom raps MTV over GaGa swear word

Ofcom has rapped MTV for broadcasting a gig where Lady GaGa swore, but stopped short of punishing the BBC for a similar utterance on its Formula 1 coverage.

In its latest Broadcast Bulletin, the regulator criticised MTV after the pop star said, "Put your hands up in the air and dance, you motherf****rs" during her 30-minute performance at the Isle of MTV music festival, which was broadcast on November 2 at 4pm.

One viewer subsequently complained to Ofcom about the profanity being aired at a time when children could be watching.

In response, MTV Networks Europe (MTVNE) "unreservedly apologised" for the occurrence, which it said was down an "error" between compliance teams in London and Italy.

The programme was edited for swearing by the Italian office and then sent over to MTV London for final compliance checks. However, after the London team asked for more technical alterations, the Italian office accidentally applied the original, uncut audio.

MTVNE contacted the complainant directly to say sorry for the situation and also transmitted an on-air apology. It has further introduced more rigid compliance checks on all content coming from Italy.

Ofcom noted MTVNE's apology and new measures, but ruled that the programme was in breach of broadcasting rules pertaining to the most offensive language and so must never be aired again before the 9pm watershed.

However, the regulator opted against punishing the BBC after it broadcasted racing driver Jenson Button saying the word 'f**k' during a post-race conversation on its Formula 1 coverage.

One viewer complained about the occurrence at 12.10pm on November 1, again about the use of offensive language on TV before the watershed.

As coverage of post-race action is controlled by third-party Formula One Management, the BBC argued that it has "limited control over the output and the conduct of the drivers". It stressed, though, that the company was told to remind drivers about using swear words as the coverage would most likely be live on the BBC.

The corporation further said that the majority of viewers would understand that the "highly charged atmosphere" after races may lead to some profanities from the drivers.

BBC commentators immediately apologised for the swear word and it was removed from the programme when it became available on iPlayer.

Ofcom acknowledged the "special compliance challenges" posed by live broadcasting, particularly when factoring in third-party providers.

"Ofcom notes that the BBC does ask Formula One to remind drivers to take care not to swear and that the BBC plans to reduce the risk of a similar incident happening again," the regulator concluded.

"In light of these factors, including the context and tone of this use of strong language, Ofcom has decided that the matter is resolved."