Back in 2005, Ofcom published the following report - it's interesting reading when you consider it gave Most Haunted free reign to get away with anything they like.
Not in Breach
Most Haunted/Most Haunted Live
LIVINGtv, Various Dates, 2005
Introduction Most Haunted/Most Haunted Live is an established series which takes a team of people into locations where, in the past, according to the programme, there have been allegations of haunting. The series is presented by Yvette Fielding (the production company’s co-owner) and a ‘celebrity’ psychic Derek Acorah. The production involves trying to film, or otherwise record, any paranormal activity. On occasions, the programme is presented as a live broadcast.
Before
- this was fraudulent practice;
- viewers were being deceived into thinking the events depicted were real; and
- there could be potential harm to susceptible or vulnerable viewers as a result.
Response
We asked LIVINGtv for a response and, in particular, to one such complaint which offered a summary of the types of complaints we have received and specifically claimed that parts of these programmes are “faked”.
The broadcaster stated that its programmes included an investigation team. This included: “Dr Ciaran O’Keefe, who is a lecturer at Liverpool Hope University and who has a particular interest in Parapsychology; Richard Felix - a ‘Paranormal Historian’; Richard Jones author and historian; Dr Matthew Smith – another lecturer in psychology at Liverpool Hope University; as well as a host of ‘lay people’ who accompany Derekand Yvette on their investigation.”
It accepts that it is not able to replicate laboratory conditions for, what it referred to, as “experiments”. The licensee stated that it did “not accept that there is any question to be answered in relation to the legitimacy of the programme or the investigations conducted”. However, it suggested that a decision as to what comprises legitimacy in this area of programming is “a question for Ofcom”.
LIVINGtv also argued that although the programme features “…many entertainment production conventions…it does indisputably retain an investigative element”.
Decision
It is not Ofcom’s role to decide whether paranormal activity exists, nor to promote or dismiss belief in the paranormal. Our role is to assess programmes such as Most Haunted/Most Haunted Live against the provisions of our Code.
The ex- ITC Programme Code (which was in force at the time of the original complaints) states that, “Demonstrations of clairvoyance, clairaudience, and similar practices are acceptable only when they are clearly and explicitly presented as entertainment, or when they are the subject of legitimate investigation”. When presented as an entertainment programme, the broadcaster should ensure that it is made clear that such activity is for entertainment purposes.
LIVINGtv is an entertainment channel. Ofcom has therefore taken this into account when reaching a view on the nature of the programming in question.
In relation to Most Haunted/Most Haunted Live, Ofcom has to consider whether or not this series of programmes overall could be described as a legitimate investigation or one that is broadcast for the purpose of entertainment.
If it were considered that this programme contained demonstrations in the context of a legitimate investigation, then allegations that elements are “faked” would be serious.
On reviewing the programmes themselves, we recognised that the series, amongst other things, often featured:
- a celebrity presenter in the studio;
- a studio audience;
- ‘over-dramatic’ responses by the presenters and production team to the events which occur;
- paranormal events occurring with regularity (for example, whenever a ‘live’ show is broadcast); and
- phone-ins.
Ofcom also recognised that, having established the programme over a number of series, it would now be clear to viewers that the intended purpose of these programmes was for entertainment.
On balance - taking into account the context of the programme itself and the presentation within the series - we consider that overall Most Haunted/Most Haunted Live should be taken to be a programme produced for entertainment purposes. This is despite what appears to be occasional assertions by the programme that what viewers are witnessing is real. As such this programme should be seen in the light of shows where techniques are used which mean the audience is not necessarily in full possession of the facts.
We consider that even though there is an element of a ‘scientific’ approach (e.g. the carrying out of so-called ‘experiments’ such as monitoring changes in room temperature) which adds to the entertainment factor of the programme, these are, as the broadcaster acknowledges, not carried out under laboratory conditions. We therefore do not believe that these programmes could reasonably be described, in terms of the Code, as a ‘legitimate investigation’.
In the specific context of these programmes therefore, which have been established and broadcast for over three years, we believe that they contain an appropriate degree of signposting which appears to make it clear to viewers that they are for entertainment purposes.
The programmes were not in breach of the Code
Note
The current Broadcasting Code states that, “If a demonstration of…the paranormal…is for entertainment purposes, this must be made clear to viewers and listeners”. However, the Code does not describe how this may be achieved.
In cases such as these, ensuring that it is clear to viewers whether or not a programme is intended for entertainment purposes can be a fine judgement. Broadcasters should therefore be prepared to demonstrate how they have made clear to the audience the purpose of the programme and seek appropriate advice where necessary.
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