UK media regulator revokes CGTN broadcasting licence

UK media regulator revokes CGTN broadcasting licence

4 February 2021

UK media regulator revokes CGTN broadcasting licence

UK media regulator Ofcom announced on 4 February that it has withdrawn the licence for CGTN to broadcast in the UK. The regulator gave details of its decision, stating that “…after its investigation concluded that the licence is wrongfully held by Star China Media Limited.”

Ofcom’s statement on the affair said:

“China Global Television Network (CGTN) is an international English-language satellite news channel.

In the UK, broadcasting laws made by Parliament state that broadcast licensees must have control over the licensed service – including editorial oversight over the programmes they show. In addition, under these laws, licence holders cannot be controlled by political bodies.[1]

Our investigation concluded that Star China Media Limited (SCML), the licence-holder for the CGTN service, did not have editorial responsibility for CGTN’s output. As such, SCML does not meet the legal requirement of having control over the licensed service, and so is not a lawful broadcast licensee.

In addition, we have been unable to grant an application to transfer the licence to an entity called China Global Television Network Corporation (CGTNC). This is because crucial information was missing from the application, and because we consider that CGTNC would be disqualified from holding a licence, as it is controlled by a body which is ultimately controlled by the Chinese Communist Party.

We have given CGTN significant time to come into compliance with the statutory rules. Those efforts have now been exhausted.

Following careful consideration, taking account of all the facts and the broadcaster’s and audience’s rights to freedom of expression, we have decided it is appropriate to revoke the licence for CGTN to broadcast in the UK.

We expect to conclude separate sanctions proceedings against CGTN for due impartiality and fairness and privacy breaches shortly.

Ofcom’s investigation

Our investigation found that SCML does not have editorial responsibility for selecting or compiling CGTN’s programme schedule. It is the distributor of the CGTN service in the UK, rather than “the provider” of the service.[2]

In addition, none of the employees involved in CGTN’s decision-making, or day-to-day running of the channel, appear to be employed by SCML. CGTNC confirmed that its Global Editorial Board is the ultimate decision maker over the selection and organisation of programmes for the CGTN service and exercises editorial control.

CGTN’s licence transfer application

In response to our enquiries, CGTN accepted that SCML did not control the channel and should no longer hold the licence. But it confirmed its intention to restructure to separate the CGTN division from China Central Television (CCTV) – which is ultimately controlled by the Chinese Communist Party and so disqualified from holding a UK broadcast licence[3] – and apply to transfer the licence to an entity which did control the channel.

Given the revocation of a broadcast licence is a significant interference with a broadcaster’s right to freedom of expression, we considered it appropriate to allow CGTN a reasonable period of time to come into compliance.

An application to transfer the licence to CGTNC was submitted in September 2020. However, we were unable to properly assess it. Crucial information was missing from the application, while the restructure that CGTN had signalled had not, and still has not, taken place.

CGTN has since repeatedly failed to respond to important questions necessary to our assessment of its application to transfer the licence, or to offer any update on progress with its restructure.

Links between CGTNC and CCTV

Having considered the available evidence, we have decided we are unable to grant the application to transfer the licence from SCML to CGTNC.

Correspondence from CGTN submitted during the course of our investigation makes clear that CGTNC is controlled by CCTV, which is also the sole shareholder of CGTNC.

Given CGTNC is controlled by CCTV – which, as part of the China Media Group, is controlled by the Chinese Communist Party and therefore disqualified from holding a broadcast licence under UK broadcasting laws – we consider that CGTNC would be disqualified from holding a licence.

An Ofcom spokesperson said: “Our investigation showed that the licence for China Global Television Network is held by an entity which has no editorial control over its programmes. We are unable to approve the application to transfer the licence to China Global Television Network Corporation because it is ultimately controlled by the Chinese Communist Party, which is not permitted under UK broadcasting law.

“We’ve provided CGTN with numerous opportunities to come into compliance, but it has not done so. We now consider it appropriate to withdraw the licence for CGTN to broadcast in the UK.”

Other CGTN cases

In 2020 we found CGTN in breach of the Ofcom Broadcasting Code for failing to preserve due impartiality in its coverage of the Hong Kong protests, and also found a serious breach of our fairness and privacy rules.[4]

Due to the seriousness of these breaches, we told CGTN that we would consider imposing sanctions.

Today’s decision does not affect these sanctions proceedings against CGTN, and we expect to reach our decisions shortly.

We have three other fairness and privacy investigations about content on the CGTN service which also remain ongoing, pending further consideration.”

CGTN has been monitored still broadcasting to the UK via the Freesat platform at the headquarters of the AIB at 1530GMT on 4 February.

UPDATE: The service ceased on Freesat at 1638GMT. 

New leaders at US international broadcasters

New leaders at US international broadcasters

24 January 2021

New leaders at US international broadcasters

​The United States Agency for Global Media (USAGM) Acting Chief Executive Officer Kelu Chao has replaced the heads of the three U.S.-funded international broadcasting grantees. Radio Free Europe/Radio Liberty (RFE/RL), Radio Free Asia (RFA) and the Middle East Broadcasting Networks (MBN) now have leadership that will promote democracy and other American values abroad.

“I have great faith in these leaders in ensuring the highest standards of independent, objective, and professional journalism,” said Acting CEO Chao.

In addition, Acting CEO Chao named new corporate board directors for the three grantees, replacing the board directors named by former CEO Michael Pack just days before he resigned at President Biden’s request on January 20. The new directors are Ambassador Karen Kornbluh (chair), Ambassador Ryan Crocker, and Michael Kempner.

“Now more than ever,” said Kornbluh, “U.S. international media must serve as an accurate, reliable source of news and information in places where illuminating truth is needed the most.”

The new leaders at the three grantees are now:

  • Daisy Sindelar as Acting RFE/RL President, replacing Ted Lipien; a permanent president will be named shortly.
  • Bay Fang returns to her post as RFA President, replacing Stephen Yates.
  • Kelley Sullivan as Acting MBN President, replacing Victoria Coates.

President Joseph R. Biden named Chao as Acting CEO on January 20, 2021.

Dozens of Al Jazeera journalists targeted in phone hacking

Dozens of Al Jazeera journalists targeted in phone hacking

21 December 2020

Dozens of Al Jazeera journalists targeted in phone hacking

Dozens of journalists working for Al Jazeera are reported to have been targeted by spyware that appears to have been deployed by the governments of Saudi Arabia and the United Arab Emirates.

A report published by the Citizen Lab of the University of Toronto on 20 December details how the mobile phones of 36 journalists, producers, presenters and executives at the Qatar-based broadcaster were infected by the Pegasus software developed by Israel’s NSO Group. 

The attack – which also targeted the personal phone of a London-based Al Araby TV journalist – is now being investigated by Apple whose phones were affected by the hacking attack. 

According to a report by Al Jazeera, investigative reporter Tamer Almisshal was one of those targeted with death threats received on a phone used to call UAE ministries during research for a story. 

“They threatened to make me the new Jamal Khashoggi,” said Almisshal, referring to the death threats received. “Based on this, we handed the phone to Citizen Lab, who found that the phone was hacked by spyware called Pegasus, which is developed by NSO, an Israeli company.”

“This hacking was done by a so-called zero-click technique where they can access cameras and track the device. They also found that operators in the UAE and Saudi Arabia were behind this hacking.

“We tracked the spyware for six months and found that at least 36 Al Jazeera staffers were hacked. They have used some of the content they stole from the phones to blackmail journalists, by posting private photos on the internet,” he added.

In its report Citizen Lab says that NSO Group’s Pegasus spyware is a mobile phone surveillance solution that enables customers to remotely exploit and monitor devices. The company is a prolific seller of surveillance technology to governments around the world, and its products have been regularly linked to surveillance abuses.

“This attack on journalists and others working for Al Jazeera and Al Araby is insidious and worrying,” says AIB chief executive Simon Spanswick. “It appears that hacking software is becoming constantly more sophisticated through the development of so-called ‘zero-click’ attacks. It’s vital that all those using mobile devices for investigative research have the most up-to-date operating system installed. In many cases, it is preferable to have a separate phone and SIM card used exclusively for researching a story to mitigate the risks of infection of their everyday phone.”

The Pegasus software has been used by authoritarian governments to spy on lawyers, human rights activists, dissidents and journalists around the world. 

“This latest incident is another way in which journalists are being intimidated as they work to hold power to account,” continues Spanswick. “It demonstrates that the need to promote and protect media freedom remains extraordinarily high as it seems that nation states are increasing their efforts to suppress journalism and journalists, in many cases using commercially-developed tools.”

As well as the use of separate ‘disposable’ phones, it is recommended that all iPhone users ensure that they have the latest iOS installed as it appears that the vulnerabilities exploited by the Pegasus software have been closed in iOS 14. 

The AIB will raise this issue within the Advisory Network of the intergovernmental Media Freedom Coalition. It will also ensure that the AIB Member Cyber Security Working Group is fully briefed about this case.

Australian government accepts media freedom recommendations, more work needed

Australian government accepts media freedom recommendations, more work needed

18 December 2020

Australian government accepts media freedom recommendations, more work needed

Australia’s government has accepted recommendations from the Parliamentary Joint Committee on Intelligence and Security following the Committee’s Inquiry into issues around freedom of the press.

The Inquiry – and one in the Australian Senate – took on added significance with the raids on News Corp journalist Annika Smethurst and the ABC News Room in Sydney. The unprecedented raids were criticised widely within and outside Australia with some civil society organisations saying that media freedom within the country had been seriously eroded.

The Government Response means that search warrants involving journalists and whistleblowers will need to be signed off by senior judges, offering some degree of protection for journalists and news organisations covering stories regarded as sensitive by government. 

Speaking to the ABC, the Corporation’s managing director David Anderson said that the response offered “some progress in meeting press freedom requirements”.

“The ABC remains concerned that police and other agencies can use warrants to investigate the work of journalists and whistleblowers, as we have seen in recent years,” Anderson said. 

“We look forward to working with the Government to ensure the implementation of reforms that protect journalists and their sources acting in the public interest and which bring Australia on par with similar standards in other Western democracies.”

The AIB – which responded to the Parliamentary and Senate Inquiries and gave in person evidence to the Senate – will continue to monitor the situation in Australia as part of its continuing media freedom workstream. 

Ukraine digital TV operator fined for monopoly position

Ukraine digital TV operator fined for monopoly position

18 December 2020

Ukraine digital TV operator fined for monopoly position

The Antimonopoly Committee of Ukraine (AMCU) has fined the country’s digital TV provider, Zeonbud, for abusing its monopoly position. It provides broadcasting distribution services to national TV channels.
 
According to the AMCU, Zeonbud set its fees without calculation or economic justification. The company was initially licensed in 2010 with a ten-year extension granted in October 2020.
 
In 2014, AMCU declared Zeonbud as a monopoly as there were no alternative digital TV providers in Ukraine.
Disney’s pivot to streaming is wake-up call to industry

Disney’s pivot to streaming is wake-up call to industry

1 December 2020

Disney’s pivot to streaming is wake-up call to industry

Writing in The Conversation, Cambridge Judge Business School Visiting Fellow Hamza Mudassir (pictured) says that the 97 year-old media conglomerate Disney” is now more like Netflix than ever before.”
According to Mudassir, Disney will be reducing its focus from theme parks, cruises, cinema releases and cable TV. Instead, the Disney+ streaming service is the only clear winner among its portfolio of services.
 
Mudassir says: “A better funded Disney+ that is willing to stream highly anticipated theatrical releases on day one will also sharply impact the ability of cinema chains to bounce back whenever the pandemic subsides.”
 
The academic issues a warning to traditional media houses: “Traditional cable and linear TV companies will likely feel more pressure from a faster-growing Disney+. This is because more streaming subscriptions can drive an increased number of cancelled cable TV packages as well as disinterested advertisers, who will continue to reduce their advertising spend on linear TV thanks to lower viewership and engagement.”