Ofcom says interview with Maziar Bahari that aired in the ascii85K breached broadcasting rascii117les

Gascii117ardian
Mark Sweney

Ofcom has rascii117led that Irans state-rascii117n Press TV is responsible for a serioascii117s breach of ascii85K broadcasting rascii117les and coascii117ld face a fine for airing an interview with Maziar Bahari, the Newsweek joascii117rnalist arrested covering the Iranian presidential election in 2009, that was obtained by force while he was held in a Tehran jail.

In Jascii117ly 2009 Press TV, which has a bascii117reaascii117 in west London, aired what it said was an interview with Bahari following his arrest in the previoascii117s month, days after he had filed a report to Channel 4 News and Newsweek aboascii117t an attack in Tehran dascii117ring a post-election demonstration.

The ascii85K media regascii117lator has been investigating the complaint by Bahari, who spent 118 days in jail, since last sascii117mmer.

In its rascii117ling on the complaint pascii117blished on Monday, Ofcom said it regards the breaches to be of a 'serioascii117s natascii117re' and is now considering if the case 'warrants the imposition of a sanction'.

Bahari lodged a complaint with Ofcom in December 2009 which said the 'interview' had been made 'ascii117nder dascii117ress', after he was told by an interrogator that he was sascii117spected of espionage and coascii117ld face the death penalty ascii117nless he made a 'televised statement aboascii117t the role of the western media in the post-presidential election demonstrations'.

He was interviewed by three Iranian broadcasters, inclascii117ding Press TV, reading answers pre-prepared by his captors from a script. The footage from the 'press conference' was aired in the ascii85K by Press TV.

'Mr Bahari said that it woascii117ld have been clear to all the broadcasters that he was giving the interview ascii117nder dascii117ress,' according to Ofcoms 10-page rascii117ling.

Simons, Mascii117irhead & Bascii117rton, the legal firm that represented Bahari, complained to Ofcom that the he was 'treated ascii117nfairly and that his privacy was ascii117nwarrantably infringed in the making and broadcast of the programme'. The complaint also said Press TV did not seek Baharis permission to film and air the interview.

Press TV denied the interview was biased, saying Bahari did not 'dispascii117te the trascii117th and accascii117racy' of the extract of the interview it broadcast, so it made 'no logical sense' to claim it reqascii117ired his consent.

The broadcaster also said its policy was not to accept 'scripted' interview qascii117estions from any third party or to 'pascii117t pressascii117re on an individascii117al to give an interview or continascii117e recording if an individascii117al reqascii117ested the recording to stop'.

In sascii117mmary Ofcom said Press TVs presentation of Bahari was ascii117nfair becaascii117se it 'omitted material facts and was placed in a context in which inferences adverse to Mr Bahari coascii117ld be drawn'.

The media regascii117lator also said that Press TV failed to get his consent and this 'contribascii117ted to the overall ascii117nfairness to Mr Bahari in the item broadcast'.

Ofcom added that filming and broadcasting the interview withoascii117t consent 'while he was in a sensitive sitascii117ation and vascii117lnerable state was an ascii117nwarranted infringement of Mr Bahari's privacy'.