The LTTE front radio service International Broadcasting Corporation (IBC) run from London on Hotbird satellite for twenty four hours and on the airtime of medium wave Spectrum Radio escaped sanctions by the broadcasting regulator, the Office of Communication (Ofcom). Ofcom investigated the complaints registered by listeners that the said radio station broadcast songs and views to celebrate the birthday of the LTTE leader Pirabakaran on 26 November 2007. Their investigations ended after nine months of painstaking work.

IBC’s main satellite radio did not come under investigations, as it is run without a licence and is said to be registered under a clandestine address somewhere overseas. The medium wave Spectrum Radio is run by the Turkish community and the LTTE activists pay exorbitant sums for the two hours of airtime purchased to broadcast between 19.00hrs to 21.00hrs daily. The medium wave Spectrum is a licensed radio station and comes under the regulatory scope of the Ofcom.

Having thoroughly investigated the complaints to establish the facts, the Ofcom gave respite to the IBC based on the assurance given by the broadcaster that ‘extra care will be taken in the future in producing similar broadcasts’. However the Ofcom has given a clear warning by stating: ‘Ofcom….reserves the right to consider any repeat instance of similar material on a case-by-case-basis. Ofcom reminds the broadcaster of the care it needs to take when dealing with these sensitive and controversial subjects’.

The IBC radio service is presently run from the offices of Spectrum Radio after having evicted from their previous office in South London for non-payment of rent to the landlord.

The full text of the Ofcom report:

International Broadcasting Corporation (Spectrum Radio (558AM)), 26

November 2007, 19:00

Introduction

On 26 November 2007, the International Broadcasting Corporation (“IBC”) broadcast a programme that included celebratory material commemorating the birthday of Mr Velupillai Pirabakaran, the leader of the Liberation Tigers of Tamil Eelam (“the LTTE”). The LTTE is presently a proscribed terrorist organisation under the Terrorism Act 2000. This means that under current UK legislation it is unlawful to be a member
of the LTTE, to raise funds for it or to invite or encourage support for it. Ofcom received two complaints about this programme from members of the public.

Issues raised by these complaints were that the programme:

celebrated the birthday of Mr Velupillai Pirabakaran, the leader of the LTTE;

‘promoted an event to be held at the Excel centre in London to commemorate the LTTE’s “Heroes’ Day” celebrations;

broadcast the comments of “ardent LTTE supporters” that appeared to promote terrorism;

broadcast comments and LTTE songs that praised Mr Pirabakaran; and

contained material that was “serious and confirmed [the] glorification of terrorism”. (Under the Terrorism Act 2006, the “glorification” of terrorism is a criminal offence).

Citing these issues, Ofcom asked the broadcaster to comment on how the programme complied with Rule 2.4 of the Code (programmes should not include material which condones or glamorises violent, dangerous or seriously antisocial behaviour).

Response

IBC stated that it was genuinely surprised that the content of the programme could be regarded as being in breach of the Code or that it glorified terrorism. This was never intended. With particular reference to the issues raised by the complaints, IBC said that:

‘it was not uncommon for the station to celebrate/commemorate the birth events of the Tamil Leaders of “all hues” and that therefore the allocation of air-time to celebrate Mr Pirakaraban’s birthday should not be seen in isolation. As a community based broadcaster, IBC said that it was obliged to reflect the views of its audience and as such these views do not always reflect the views of the broadcaster;

* the telephone number for the programme was given out by the presenter during the programme for listeners to call in and participate;

* the event, held at the Excel Centre on 27 November 2007, to the best of IBC’s knowledge, was not linked to the “Heroes’ Day” celebrations of the LTTE. IBC said that the event was organised by “the general public to commemorate their loved ones” and that appropriate permission for the event was given by the Metropolitan Police; and

* IBC said that it did not agree that the programme’s content was “in glorification of terrorism”. IBC said that to take offence at a “benign” programme that allowed the audience to “greet an individual” pointed to intolerance. IBC assured Ofcom that it did not intend to promote or glorify terrorism either expressly or otherwise. It said that “the complaints…were unfortunate and an interference with the freedom of expression of one’s thoughts”.

IBC did however acknowledge that in a few cases certain inappropriate comments and words in songs were allowed to be broadcast; and confirmed that extra care would be taken in future to ensure compliance in similar live broadcasts.

Decision

Rule 2.4 states that programmes “must not include material (whether in individual programmes or in programmes taken together) which, taking into account the context, condones or glamorises violent, dangerous or seriously antisocial behaviour and is likely to encourage others to copy such behaviour”.

Ofcom examined an independently translated transcript of the programme. Included in the material broadcast, Ofcom noted the following illustrative announcement:

“We can’t tolerate anymore sufferings/Enough of our not violent struggle/The only way is Armed struggle/He [ie Mr Pirabakaran] decided it and he is the only leader who is taking forward the Tamil race’s Freedom Struggle…/Walking ahead for the dawn of the Tamils/In the battlefield…”

Ofcom also took note of contributions from callers to the programme, one of whom said:

“If we want our nation’s borders defined. If we want to slain the flying Singalese eagles, it is in the hands of migrant Tamils”.

Ofcom also noted the following words to songs included in the programme:

“He took the spear…taking the spear he finished the Tamil enemies…He took the rifle…Taking the rifle he started a new army/Started the Tiger Force”;

“Our only talk is Tamil Eelam - he said/Kill all the on coming army – he said/As long as the Tigers live – they are dust – he said”;

“When the Hindu and Christian churches were/Destroyed by the bombs/ He protected the people with the air force/He fired missiles and created a

new era…”; and

“He takes the bow and burns the enemy/He will take the Eela land by demarcating…”.

In reaching its conclusion, Ofcom bore in mind the fact that that broadcasters should benefit from freedom of expression when making programmes in areas which may raise serious social and political issues. However, broadcasters must always take care to ensure that material broadcast is in accordance with both the law and the Code, especially when it could be regarded as encouraging or inviting support for a terrorist organisation.

Although such song lyrics and expressions of support may appear to some as condoning unacceptable behaviour, they must be considered in context when judging whether there has been a breach of Rule 2.4. Lyrics especially have a long tradition of dealing with the full range of human experiences and emotions and a reference to a violent act may not, in itself, amount to incitement or encouragement to crime. Each case must be examined on its own facts.

Ofcom considers that the lyrics used here were in the main broadcast in the context of generic, patriotic songs designed to engender support for a political cause and not to encourage or incite crime. It notes the broadcaster’s contention that the material broadcast was not intended to promote or glorify terrorism. Having said that, while the programme contained some innocuous poetry, songs and comments by callers in celebration of Mr Pirabakaran’s birthday, it also included material that went further than simply celebrating his birthday as an individual. In Ofcom’s view, parts of the
programme included content that could be perceived as either encouraging or inviting support for the LTTE.

However, in coming to its decision, Ofcom took into account the fact that no previous breaches of the Code have been recorded against IBC; that the vast majority of the programme consisted of material such as songs, poetry and comments which did not raise any issues under the Code; and that on this occasion the transmission was live.

It also took into account the fact that IBC has acknowledged that some parts of the statements and songs broadcast could be regarded as inappropriate, and the broadcaster has assured Ofcom that extra care will be taken in future in producing similar broadcasts. Ofcom is therefore treating this issue, on this occasion, as resolved but reserves the right to consider any repeat instance of similar material on a case-by-case basis. Ofcom reminds the broadcaster of the care it needs to take when dealing with these sensitive and controversial subjects.

This decision is published following a review requested by the broadcaster.