Thousands protest about Jerry!
We reproduce here the report we published in spring 2005 newsbrief
In the history of broadcasting it was an unprecedented row that went on for days and we devote space to this controversy because of the important questions raised.  The BBC's Royal Charter is being reviewed by Parliament, the Licence Fee is being increased to £126.50 from April and a Green Paper, setting out the Government's options on the future of the BBC, will be published shortly.  As part of this review Lord Burns has recently proposed scrapping the BBC's Board of Governors and replacing it with a new independent Public Service Broadcasting Commission.  This would take over regulation of the BBC, maintaining accountability and ensuring it met the terms of its Royal Charter.
 
mediawatch-uk response Green Paper of the Future of the BBC

The showing by the BBC of Jerry Springer The Opera (JSTO) united people as never before and it is now clear that e-mail can be used very effectively to organise and to register protest about unacceptable programme content.  The Radio 4 programme Feedback on 21 January said that there had been 55,000 protest letters, e-mails and telephone calls, 89 per cent of which had been single contacts.  Analysis of complaints had shown that only a few people had sent more than one protest.

mediawatch-uk, too, was inundated with many letters and e-mails supporting the action we took in writing to the Chairman of the BBC's Governors, Michael Grade, but we received many hostile messages too!  We replied courteously to all those who contacted us to express their views.

What mediawatch-uk did

Having noted what the advanced publicity said about JSTO we read carefully what the BBC's Producers' Guidelines say about Language and Religious Sensibilities.  We also noted what the BBC's Licence and Agreement with the Government states.  We wrote to the Mr Grade expressing our concerns in the light of the Corporation's duties and obligations.

John Beyer said: "We have received numerous letters, e-mails and telephone calls from licence-fee payers expressing their profound dismay that the BBC has decided to screen JSTO on a special Jerry Springer Night on 8 January.  Reports of this stage production state that it includes a highly offensive and continuous stream of obscene language, profanity and blasphemy as well as some exhibitions of debauched behaviour as shown in his television show.

"The replies to complainants from BBC staff suggest that the production will be transmitted in the full knowledge of the content.  Curiously, there is no reference in these replies to the BBC's Producers' Guidelines or any attempt to explain how this production complies with them. The truth is that it has been selected unilaterally by the BBC on the very broad, and mistaken, assumption that it is what licence-fee payers want and expect from the Corporation.  It is our belief that such a production will simply alienate a huge number of people. We believe that the decision to show JSTO should be urgently reconsidered at the highest level within the BBC."

Scandalous BBC Finding

Following release of this letter to the media John Beyer, mediawatch-uk director, took part in around 30 national and local radio programmes, did interviews with radio stations in Eire and Australia and appeared on BBC3 TV news.  Miranda Suit appeared on Channel 4 TV news and BBC Breakfast TV as well as the Radio 4 Today programme. David Turtle and Tom Wareing were also interviewed on BBC local radio and Pippa Smith took part in a viewing of the programme arranged by the Sunday Telegraph.

Media Literacy

The Communications Act 2003 emphasises the duty of the Office of Communications to promote media literacy among the viewing and listening public.  The onus is on broadcasters to bring about a better understanding of a range of issues related to the transmission and reception of media content.  The emphasis throughout Ofcom's consultation on this subject was upon the viewing and listening public informing themselves of television and radio content and thereby making themselves aware of anything they may find harmful or offensive.  There was a surprising absence of obligations or duties on broadcasters in this regard.  We said: "Most people, if asked, expect television to be effectively regulated and expect the regulator to perform a protective role so that such "risk" is obviated."

The public response to JSTO shows that everyone is learning to be media literate and gaining confidence in making their voices heard over broadcast material that offends and fails to meet the "generally accepted standards" that the law requires.  By responding to programmes, whether good or bad, we can all help Ofcom in its statutory task of setting acceptable standards.

Being Media Literate

What did the BBC say?

It was reported that Michael Grade, the BBC Chairman, sought a personal assurance from his Director General that JSTO would not breach broadcasting rules.  He revealed that he had intervened, a highly unusual move, before the musical was broadcast on behalf of the governors, after the BBC received 45,000 complaints.  "I sought and was given reassurances from Mark Thompson that he had satisfied himself that the programme was compliant in every respect." 

Mr Grade said that the governors must not intervene to prevent contentious programmes being broadcast relying on BBC management making the correct editorial decisions.  He said: "This may be tested in the court.  The question is, did Mark Thompson operate in line with the best advice or was it a negligent decision where advice was ignored?  That would be a pretty serious matter."  Mr Grade was reported to have seen the stage production and enjoyed it.
 
In a reply to mediawatch-uk Mr Thompson acknowledged that the decision to show JSTO was not taken lightly precisely because it would be controversial.  "Our aim was to offer a larger audience the opportunity to see a work of art which we believe deserves to be available to those who choose to watch it. We also believe it is a serious work that explores difficult ideas with a strong underlying moral purpose."  Mr Thompson said that the BBC Governors will deal with the complaints and their finding will be published in their quarterly complaints bulletins.
 
BBC director of television Jana Bennett has warned that UK broadcasters face a new type of mass protest against controversial programmes following the co-ordinated campaign against JSTO.  Ms Bennett said she hadn't seen such lobbying tactics before but she did not expect it to be the last.  She said it was different from a normal audience response - it was about whether we should be broadcasting it at all.  The campaign shook BBC executives with its ferocity.

Antony Pitts, an award-winning BBC producer, resigned from his job in protest at the corporation's decision to broadcast JSTO.  Mr Pitts, a senior producer on Radio 3, said he felt that the BBC had betrayed its founding principle to serve as "a beacon of inspiration to the country".

What did others say?

The Bishop of Manchester, The Rt Rev Nigel McCulloch, who speaks about broadcasting on behalf of the Church of England, said: "Freedom of expression is not at issue here.  My worry is that this programme is a major departure from the current high expectations of viewers regarding offensive material on a publicly funded channel.  I remain hopeful that the BBC will be mindful not only of its duties and responsibilities, but also of its repeated commitments on taste, decency, harm and offence in the past."
 
Archbishop of York, Dr David Hope, said: "The BBC pushed the boundaries of taste and decency too far.  Choosing to see such a production in the theatre is one thing but spending public money on such an offering is quite another."
 
Cardinal Cormac Murphy O'Connor, leader of the Roman Catholic Church in England and Wales, argued that the BBC should have thought more seriously about whom it might offend.  "It is possible that deep and lasting offence will be caused to Christians as a result."

The Rev Joel Edwards, of the Evangelical Alliance, said: "We have seen the theatre production and so can talk from an informed position.  It's not merely about the language, sexual content and blasphemy but also its moral emptiness.  It doesn't help that it comes so soon after one of the main Christian festivals."
  
What did the viewing public say?

ITV Teletext, 10/1/2005, asked if the BBC should have shown the Springer Opera. 
4,738 people voted.  11% said YES, 89% said NO

What did politicians say?

Peter Luff MP (Mid Worcs) described the West End production as "crude and explicit" and said it was "too vulgar for the BBC and should be pulled from the air.  I do not believe in censorship but to show it on television where there is a danger that children could see it is irresponsible.

We were delighted to learn that Jeffery Donaldson MP (Lagan Valley) tabled an Early Day Motion in the House of Commons on 12 January, among other things, saying: "This House regards with dismay the decision by the BBC to broadcast JSTO on BBC2 causing widespread offence to Christians and those of other faiths by its mocking portrayal of Jesus Christ, Holy Communion and some central tenets of the Christian Faith."  Please ask your Member of Parliament to sign this EDM Number 502.  At the end of January only 56 MPs had signed.

On Monday 17 January Andrew Selous MP, (SW Beds) asked the Minister for the Arts, Estelle Morris, whether it was appropriate for public service broadcasting to use taxpayers' money to fund programmes such as JSTO which offend many people.  Does she realise that many licence payers do not believe that the BBC provides value for money in screening programmes that upset so many of our constituents?  Ms Morris accepted that people throughout the country may have been offended but people are offended when we have free speech.  "I would rather have free speech than try to legislate against people being offended."
  
Tim Boswell MP (Daventry) asked the Minister whether a degree of self-restraint would be appropriate from the broadcasting authorities in that case?  Ms Morris said: "What is broadcast is a matter for the BBC, and that is absolutely fundamental, but because of the importance of free speech and artistic freedom, a legislative framework covers not only broadcasting but theatre and print as well, and it is against that framework that decisions should be made.  The BBC will look at the framework and it will make a decision about whether it should be broadcast.  That is a fundamental principle that in no circumstances should be crossed.
 
In answer to another question from Malcolm Moss (NE Cambs) Ms Morris expressed amazement that he wanted to give the BBC governors the power of censorship before something is broadcast.  "To give BBC governors the power to watch what is broadcast, ahead of Ofcom and ahead of the public, and for the governors alone to decide whether the public are able to see it, would be censorship that is almost worse that the censorship we got rid of between 20 and 30 years ago", she said.

In a letter to Ms Morris, John Beyer said: "In the context of the questioning in the House of Commons I was surprised that you failed to mention that under the Licence and Agreement (amended 4/12/2003) your department has with the BBC it specifically states, in section 5B.3(a), that the Corporation should ‘provide adequate protection for members of the public from the inclusion of offensive and harmful material.' "I have always understood that the Board of Governors is the Corporation and that it is their duty to represent the public interest and to ensure that the management are accountable and perform their functions in accordance with the requirements set out by Parliament.  Could you tell me when the Director General was given exclusive powers to make decisions on programme transmissions and I would appreciate clarification on the respective role of the Governors and the Director General."

The then Opposition Culture spokesman, John Whittingdale MP, said he shared our concern about the attitude taken by the BBC governors.  He said he believed that they "should take a view when it is clear that a programme is highly controversial and likely to cause widespread offence."
 
What do the Producers' Guidelines say?

On Language the BBC's Producers' Guidelines recognise that:

"Strong language is a subject of deep concern to many people and is one of the most frequent causes of complaint."  However, it goes on "in the right context strong language may cause little offence and in some situations it may be wholly justified in the interests of authenticity . Offence is often caused by the casual use of names considered holy by believers, for example the use of 'Jesus Christ' or 'God' or of names held holy by other faiths. Certain, mainly four-letter, words must not be used  without advance reference to and approval from Channel or Network Controllers."

On Religious Sensibilities the Guidelines say:

Programme makers dealing with religious themes should be aware of what may cause offence. Deep offence will be caused by profane references or disrespect, whether verbal or visual, directed at deities, scriptures, holy days and rituals which are at the heart of various religions. Blasphemy is a criminal offence in the UK and advice should be sought in any instance where the possibility of blasphemy may arise."

The blasphemy law says:

"At common law it is an indictable offence punishable by fine or imprisonment to speak or otherwise publish any matter blaspheming God by vilifying or bringing into disbelief or contempt or ridicule Christianity in general or any doctrine of the Christian religion. In order to constitute blasphemy at common law there must be such an element of vilification, ridicule or irreverence as would be likely to exasperate the feelings of others and so lead to a breach of the peace.  The law does not render criminal the mere propagation of doctrines hostile to the Christian faith.  The crime consists in the manner in which the doctrines are advocated, and whether, in each case, this is a crime is a question for the jury."
'Archbold's Criminal Pleading and Practice'

What did those associated with the stage production say?

Allan McKeown, who co-produced the stage show, said: "Jerry Springer was designed as a theatrical event.  And what is daring and avant-garde in the theatre is entirely unsuitable for a weekend television audience.  It was not meant for viewers at home."

What did Jerry Springer say?

Mr Springer claims the recent opera parody of his show was far more offensive than his own programme.  He said: "On our TV show if people use inappropriate language we bleep it out."  He said he understood why some Christians were appalled by the parody of his show.

mediawatch-uk comment

Lessons to be learned
Just as mediawatch-uk acknowledges that there are many hours of excellent television and radio programming we do not believe that this justifies that which is offensive and insulting to viewers and listeners.  Following the massive protest about the screening of Jerry Springer The Opera we hope that broadcasters will now acknowledge that there is much more public concern and dissatisfaction with current content standards than was previously realised.  Clearly television matters to a great many people and we believe their opinions matter too.  For too long these have been ignored and regarded with disdain. For the last 40 years we have always said that the public ought to be involved in the quest for improved accountability and determining standards of programme content that truly benefit our society.  A sensible and meaningful on-going debate about standards is needed in which everyone should be invited to participate. 

We acknowledge that the Office of Communications invited the public to respond to its consultation on the new Broadcasting Code and it is good that so many people and organisations took an interest and responded very impressively. Following publication of the Hutton Inquiry report we welcomed Newswatch on BBC News 24 but we wonder, for example, what has happened to the promised replacement for Right To Reply on Channel 4 TV?  And what happened to Biteback on BBC television?
 
The BBC, we readily acknowledge, allowed mediawatch-uk and others, many opportunities to set out objections to JSTO and for viewers and listeners to air their thoughts in many 'phone-ins.  This was great and contributed positively to the debate.  Our hope is that important lessons will be learned as a result of the unprecedented public outcry.

We take this opportunity to state to our members and supporters that mediawatch-uk was NOT involved in the disclosure of private addresses of BBC Governors and management or in the calculation of the number of swear words in JSTO.  (The figure of "8,283" originated in reviews by Jack Malvern in The Times 15/11/03 and 30/10/04).

However, we believe that our letter to the BBC Chairman was fully justified and we are glad to acknowledge that the decision to show JSTO was reconsidered at the highest level within the Corporation.  However, many licence-fee payers are disappointed with the outcome and will remain convinced that no one is listening to them if the BBC escapes without any criticism.

mediawatch-uk readily acknowledges the role played by other people in organising protests about JSTO and we await, with considerable interest, the outcome of separate legal actions being mounted by the Christian Institute and by Christian Voice.

Blaspemous Springer show is a flop
Jerry Springer The Opera, which spitefully attacks God and the Christian Faith, has been on a tour of regional theatres. Thousands of Christians around Britain have taken part in public acts of witness against the show as it opened in various towns and cities. The production company behind the tour says it expects to make a £300,000 loss because the show played to half-empty theatres. They blame it all on Christain protests.
Christian Institute Update 4/8/2006

Springer Opera cleared by Ofcom
From the Annual Report of Ofcom's Content Board
Two judgements made by the Content Board underscored the approach to broadcast standards that the new Code establishes. First, the Content Board, under the chairmanship of my predecessor Richard Hooper, noted that the BBC's broadcast of Jerry Springer The Opera had generated an unprecedented number of complaints to Ofcom. The Content Board acknowledged that complainants clearly felt that the show denigrated the Christian religion and the representation of religious figures was offensive to some.

However, in reaching its conclusion that the programme did not contravene the Code, the Content Board took into account the importance attached to freedom of expression, particularly in the context of artistic works, beliefs, philosophy and argument. Jerry Springer - the Opera was also seen as an important work and commentary on modern television and - crucially - the BBC had gone to considerable lengths to provide potential viewers with information to enable them to make an informed judgement on whether to watch.
Ofcom annual report 20/7/2006

Springer Opera DVD release
The British Board of Film Classification, in its Annual Report 2005, had this to say about Jerry Springer The Opera: (It) "was also the subject of religious concerns with seven people writing in to ask that it be refused a certificate because of its apparently blasphemous content. As the work had been shown on television, as well as being a stage production, before it came in for classification and had not been prosecuted for blasphemy, it was unlikely that any prosecution against the DVD would succeed.
BBFC Annual Report 2005 issued May 2006

Springer the DVD pulled from shelves
Sainsbury's and Woolworths have removed Jerry Springer The Opera from sale after protests. The DVD was withdrawn after customers said it was offensive. But actors' union Equity has launched a campaign accusing the retailers of ‘censorship'. Equity has written to its 20,000 members asking them to contact the retailers and protest. The DVD was released last month but was withdrawn by the companies for commercial reasons.
Daily Mail 10/12/2005

Funding for Springer axed after protests
The curtain is to fall on the satirical operatic version of the Jerry Springer television show after a decision by the Arts Council not to fund a nationwide tour. The move has prompted accusations that the funding body has bowed to pressure from Christian fundamentalists. Jerry Springer The Opera has sparked protests (because of) its portrayal of Jesus as a homosexual, its frequent swear words (about 8,000 per performance) and dancing Ku Klux Klansmen. Stewart Lee, the show's writer, said this weekend that there would be no more performances in the foreseeable future" after the decision.

The move by the Arts Council, which financed the shows development, has prompted dismay among critics. Last night the Arts Council said that the reasons behind its decision were confidential, but it had not been influenced by fears of a religious backlash. "The council is very proud to have been one of the original funders. It absolutely supports freedom of expression and believes that must not be compromised in the light of what has happened.
Sunday Times 14/8/2005

Watchdog clears BBC over Springer
The BBC was cleared of wrongdoing yesterday over the screening of the controversial musical Jerry Springer The Opera. The media regulator Ofcom said the programme was an ‘important work' which did not flout rules on swearing, taste or cause religious offence. The decision follows an investigation into the record 16,801 complaints Ofcom received about the programme. Ofcom said it recognised many people were deeply offended but ‘flouting the boundaries of taste is a time honoured tradition' for dramatists. On the programme's language the regulator said the BBC had given clear advance warnings. The BBC welcomed the ruling.
Daily Mail 10/5/2005

BBC in court
The controversy over Jerry Springer The Opera threatens to erupt again, as the High Court decides whether legal action against the BBC should go ahead. The Christian Institute took the corporation to court over its airing of the programme in January, which attracted more than 60,000 complaints. They said the corporation breached ints Royal Charter guidelines on taste and decency, and will find out on Monday, 18 April, whether judged back their call for a judicial review of the decision.
Broadcast 15/4/2005

BBC rejects Springer complaints
BBC governors rejected a record 63,000 complaints from viewers over the decision to broadcast Jerry Springer The Opera yesterday prompting renewed criticism from offended Christian and "decency" campaigners. The governors programme complaints committee was split on the wisdom of allowing the show to go ahead in January, but ruled by a majority of four to one that the decision was not in breach of internal guidelines.

Angela Sarkis, a former chief executive of the Church Urban Fund and a member of the five-strong committee, broke ranks and said she "profoundly disagreed" with the decision to reject the complaints. Figures released yesterday showed 55,000 complaints had been received before the broadcast and 8,000 afterwards. The governors argued that the decision to broadcast was justified because the show was preceded by clear warnings. John Beyer, director of mediawatch-uk said the decision was "yet another example of the BBC's stupefying arrogance". The media regulator Ofcom is to rule separately on the complaints it received, and the Christian Institute has launched a plea for a judicial review of the decision. A judge will decide this on 11 April.
The Guardian 31/3/2005

30 March 2005
News Release immediate use
Jerry Springer The Opera - Scandalous BBC Finding
Speaking today, John Beyer, director of mediawatch-uk, expressed dismay and concern that the Governors of the BBC have rejected the legitimate complaints and protests from licence fee payers over Jerry Springer The Opera. He said: "It is simply not good enough for the BBC to justify this highly offensive production on the grounds of "artistic significance". This kind of sophistry will further alienate viewers and listeners at a time when the BBC's Royal Charter is set to be renewed for another 10 years and on the eve of another licence fee increase. The BBC's Licence and Agreement with the Culture Department requires that programmes do not include "offensive" material. The unprecedented public outcry clearly indicates a breach of this requirement. 

"We believe that the BBC, which says it wants to be more accountable to licence fee payers, has shown, once again, stupefying arrogance in its dealings with the public and complete disregard for its own Producers' Guidelines. We hope very much that the Culture Secretary, Tessa Jowell, will urgently raise this most important matter with the BBC Governors and management."

Show religion some respect, bishop tells broadcasters
The Church of England was at war again yesterday over the popular BBC sitcom The Vicar of Dibley. One bishop accused the programme of being more offensive that Jerry Springer The Opera. The Bishop of Norwich, the Rt Rev Graham James highlighted the programme as part of a wider attack in which he accused the BBC and ITV of condemning religion to a "ghetto". Bishop James, who chairs the Central Religious Advisory Committee, which advises the BBC and regulators on religious output said that he was far from impressed by JSTO which prompted 50,000 complaints of blasphemy when it was broadcast on BBC2 this year. Bishop James suggested that religion is not "reflected adequately in our current affairs reporting - especially on TV, where we maintain a huge number of political journalists, as if the world is entirely governed by secular politics."
The Times 30/3/2005

BBC faces court over Springer
The BBC is facing court action from the Christian Institute over its decision to screen the controversial play Jerry Springer The Opera. The group has filed papers with the High Court accusing the corporation of breaching the human rights of Christians by screening the performance. A judge will now assess whether there are grounds to take the legal action forward. The BBC said it had received the legal papers. "The (BBC) has deliberately made a broadcast that is profane and mocks the core beliefs of the Christian faith," said solicitor Paul Conrathe of Ormerods, the company representing the group. The legal action is believed to be the first time the BBC has ever faced accusations of breaching religious human rights and the case could go all the way to the European Court. This week BBC director general publicly backed the decision to broadcast the show and said the BBC would not be "swayed by short run moral panics" about its programmes.
Broadcast 11/3/2005

4 January 2005
News Release immediate use
BBC urged to reconsider Jerry Springer The Opera
The quality TV lobby group mediawatch-uk has written to the Chairman of the BBC Governors, Michael Grade, asking him to reconsider the BBC's decision to show Jerry Springer The Opera on Saturday night.

In a letter sent today John Beyer, mediawatch-uk director, says that by screening this stage production the Corporation is in breach of the Communications Act 2003 as well as its Licence and Agreement with the Government on "generally accepted standards" and its own Producers' Guidelines on language and religious sensibilities.

Mr Beyer said that he has been inundated with e-mails and telephone calls from informed licence fee payers protesting about their money being used to finance the televising of this highly offensive stage production on BBC2. He said "The continuous stream of obscene and profane language, as well as the debauched behaviour that characterised Mr Springer's TV shows, is unacceptable and will alienate a large number of viewers. Licence fee payers do not expect the BBC to be pushing back boundaries of taste and decency in this way" he said.

Mr Beyer called for the decision to show Jerry Springer The Opera to be urgently reconsidered especially in the light of the Royal Charter being renewed and the licence fee is being increased from April.

ENDS

Text of letter

4 January 2005
Michael Grade
The Chairman
The BBC
Broadcasting House
Portland Place
LONDON
W1A 1AA

Dear Mr Grade,

I take this opportunity of wishing you a very happy New Year and I am sorry to be writing to you so early on in the year about a matter of real concern. Before coming to that I would like to express appreciation on behalf of this organisation for some of the BBC's programmes over the Christmas and New Year holiday. In particular we would like to praise the BBC News presentation on 29 December at 7.30pm concerning the terrible earthquake and subsequent human disaster in South East Asia. We appreciate, too, the continuing news coverage of the tremendous international relief effort now under way.

We have received numerous letters, e-mails and telephone calls from licence-fee payers expressing their profound dismay that the BBC has decided to screen 'Jerry Springer The Opera' on a special Jerry Springer night this coming Saturday evening 8 January. I understand that the Corporation, too, has received many advanced objections from informed viewers who resent the use of their licence fee for such a project. On this evidence we would submit that the terms of the Communications Act 2003, requiring that programmes meet with "generally accepted standards" are, in this case, being intentionally breached.

Press and other reports of this stage production state that it includes a highly offensive and continuous stream of obscene language, profanity and blasphemy as well as some exhibitions of debauched behaviour first shown in his television programmes. The controller of BBC2, Roly Keating, is reported to have said that it will "push back the boundaries of taste and decency" and the standard replies to complainants from BBC staff suggest that the production will be transmitted in the full knowledge of the content. Curiously, there is no reference in these replies to the BBC's own Producers' Guidelines or any attempt to explain how this production complies with them. Instead there is the preposterous assertion that not to show 'Jerry Springer The Opera' would somehow be an act of "censorship"! Since when has the BBC been obliged to screen a theatre production that will, beyond doubt, cause very considerable offence to licence-fee payers? The truth is that it has been selected unilaterally by the BBC on the very broad, and mistaken, assumption that it is what licence-fee payers want and expect from the Corporation. It is our belief that such a production will simply alienate a huge number of people who you rely upon for support.

You will know that the Producers' Guidelines, in Section 6, draw attention to the "deep concern" of "many people" caused by "strong language" especially when religious sensibilities are a factor. The BBC's other publications and recent statements have declared that the pursuit of excellence and quality are to be the Corporation's key priorities in the future and form the basis of the case for renewing the Royal Charter and the for justifying annual increases in the licence fee. If it is your belief that such an objectionable production is appropriate for showing on BBC2 then I believe you should issue a public statement to that effect on behalf of all of the Governors. That way everyone, including politicians, will be properly informed about the BBC's attitudes when reaching important conclusions on the future of the BBC.

Bearing in mind that there is already mounting public concern and an absence of any assurance regarding compliance, we believe that the decision to show 'Jerry Springer The Opera' should be urgently reconsidered at the highest level within the BBC. There must be other West End productions that would be more enjoyable and appreciated by a far greater number of licence-fee payers? Why not, for example, screen a seasonal pantomime, with well-known and liked television and radio personalities, currently showing at provincial theatres across the country?

There must be other West End productions that would be more enjoyable and appreciated by a far greater number of licence-fee payers? Why not, for example, screen a seasonal pantomime, with well-known and liked television and radio personalities, currently showing at provincial theatres across the country?

I look forward to hearing from you in due course.
With every good wish,
Yours sincerely,
John C Beyer
Director

Licence and Agreement

The BBC's Licence and Agreement with the Secretary of State was amended in December 2003 to bring it into line with the Communications Act 2003. Section 5B, Applicable Programme Code Standards, states in subsection 5B.3 that this means (a) those standards for the time being set under section 319 of the Communications Act 2003 which relate to the objectives set out in paragraphs (a), (b), (e), (f) and (l) of subsection (2) of that section (protection of persons under the age of eighteen; omission of material likely to encourage or incite any crime or disorder; exercise of responsibility with respect to the content of religious programmes; application of generally accepted standards so as to provide adequate protection of members of the public from the inclusion of offensive and harmful material;)

The Producers' Guidelines say:

On Language the BBC's Producers' Guidelines recognise that:
"Strong language is a subject of deep concern to many people and is one of the most frequent causes of complaint." However, it goes on "in the right context strong language may cause little offence and in some situations it may be wholly justified in the interests of authenticity. Offence is often caused by the casual use of names considered holy by believers, for example the use of 'Jesus Christ' or 'God' or of names held holy by other faiths. Certain, mainly four-letter, words must not be used  without advance reference to and approval from Channel or Network Controllers"
On Religious Sensibilities the Guidelines say:

"Programme makers dealing with religious themes should be aware of what may cause offence. Deep offence will be caused by profane references or disrespect, whether verbal or visual, directed at deities, scriptures, holy days and rituals which are at the heart of various religions. Blasphemy is a criminal offence in the UK and advice should be sought in any instance where the possibility of blasphemy may arise."

In letters to those who complained BBC Information said the following:

The following statement was issued by the BBC's Director of Television, Jana Bennett, following the broadcast of Jerry Springer The Opera:

"BBC TWO has a long tradition of presenting challenging work from the worlds of the arts and culture and, after careful consideration, we decided to screen Jerry Springer - the Opera. I believe that it is a satire aimed at the bear pit talk show format and how it reflects on modern society - it is an important piece of satire and it is not aimed at religion. Like much satire, it sometimes takes its points to the edge, using strong language and imagery which may not be to everyone's taste, but as a Public Service Broadcaster we have a responsibility to cater to all of our audience's tastes and there are many that would like the opportunity to see this acclaimed and award-winning West End show. With responsible labelling before and during the broadcast, plus an hour-long programme prior to transmission to put the opera in context, I believe that we took the necessary steps to inform our audience and give them the choice to watch or not. Further discussion and debate about the issues raised was included in The Culture Show special on Thursday January 13th at 7pm. Although it has been controversial, we are pleased that a wider audience has been able to see this important piece of contemporary theatre."

Following its broadcast, we have received a number of complaints about aspects of the content in Jerry Springer - The Opera. Exceptionally, because the Director-General declared that in his view the programme was suitable for broadcast, the BBC Governors - Programme Complaints Committee (which normally considers appeals) will now deal with these complaints as part of its remit. The findings will be published in its quarterly complaints bulletin as soon as possible.

I hope that you find this information useful and thank you, once again, for contacting BBC Information.

Regards

Erika Graham
BBC Information

In letters to Members of Parliament who complained Mr Grade said:

Thank you for your letter about the BBC's decision to broadcast Jerry Springer The Opera on 8 January on BBC Two.

I must explain that the role of the BBC's Board of Governors is a supervisory and regulatory one. In relation to programme content, this includes approving the Producers' Guidelines (the code which governs BBC editorial standards), being satisfied that there are systems in place to ensure compliance with them and being responsible for handling complaints about programmes once they have been broadcast. The Board does not have a role in previewing material prior to broadcast, an approach consistent with that of Ofcom, the regulator for commercial television and radio.

The Board of Governors appoint the Director General as Editor-in-Chief, and he is ultimately responsible for all editorial decisions prior to broadcast. As you say, the Executive have given their reasons for their decision to broadcast the programme. Now that it has been broadcast, the BBC Governors will deal with post-transmission complaints, in accordance with the remit of our Programme Complaints Committee, and I hope you will understand that I cannot pre-empt that process by dealing with the detail of your concerns. The Committee's finding will be published in its quarterly complaints bulletin which will also be available on the BBC website.

BBC goes ahead with Springer opera
The BBC yesterday promised to press ahead with plans to transmit the award-winning West End show Jerry Springer The Opera this Saturday in the face of concerted complaints by outraged Christians led by the Bishop of Manchester. The Rt Rev Nigel McCulloch, who speaks about broadcasting on behalf of the Church of England, complained that the BBC had refused to show him a tape of the show. He said: "Freedom of expression is not at issue here. My worry is that this programme is a major departure from the current high expectations of viewers regarding offensive material on a publicly funded channel. I remain hopeful that the programme is not as described and the BBC will be mindful not only of its duties and responsibilities, but also of its repeated commitments on taste, decency, harm and offence in the past."
The Guardian 6/1/2005

BBC's sworn enemies
15,000 viewers try to pull the plug on musical with 8,000 obscenities
The BBC is facing legal action if it presses ahead with plans to broadcast the expletive-strewn programme in its history. Viewers have launched a campaign to ban Jerry Springer The Opera, bombarding the BBC with 15,000 complaints ahead of its screening tomorrow evening. However, the corporation has vowed to press ahead with the filmed version of the award-winning West End musical, which contains 8,000 swearwords. It pointed out that the programme will be shown on BBC2 after the 9pm watershed and would be preceded by a warning about the language it contains. The Bishop on Manchester, Rt Rev Nigel McCulloch, has backed the campaign, saying: ‘My worry is that this programme is a major departure from the current high expectations of viewers regarding offensive material on a publicly-funded channel'.
Daily Mail 7/1/2005

From the Achive

West End swears by Springer success
by Jack Malvern, Arts Reporter
The West End has reached the end of an era. Les Miserables headed for the exit just as a musical about a talk-show host containing 8,283 swearwords made a grand entrance. Jerry Springer The Opera, which opened on Monday to advance ticket sales of £2 million, became a top selling show in the same week as it was revealed that Les Miserables will move to a smaller theatre after an 18-year run. Springer is the world's rudest musical, containing 3,168 mentions of the f-word and as many other assorted ruderies.
The Times 15/11/2003

40,000 complain to BBC on Springer blasphemy
More than 40,000 viewers have protested to the BBC against its plans to broadcast tonight the expletive strewn and blasphemous Jerry Springer The Opera. Hundreds of protesters condemning the show yesterday descended on BBC offices across the country, some burning their TV licences. Ofcom also reported 7,500 calls from licence-fee payers horrified at the prospect of a television show containing so many swear words. MPs and the Church of England added their support to the campaign to have the show scrapped. John Beyer, director of mediawatch-uk said he had written to BBC chairman Michael Grade demanding to know how the BBC could justify the broadcast. "Bad language and blasphemy are matters of great concern and cause great offence. How they can justify this programme is quite beyond me. The BBC is a public service broadcaster with all the obligations laid on it by parliament and I think this backlash is a sign of the growing anger that people feel about falling standards."
Daily Express 8/1/2005

TV chiefs given guards over Springer
Senior BBC executives' homes were protected by security guards last night after it went ahead with the controversial screening of the stage musical Jerry Springer The Opera. The BBC was inundated with 50,000 complaints about the shows ‘blasphemous' content and foul language while scored of Christian activists protested outside its White City headquarters. Two of Britain's most prominent churchmen, David Hope, the Archbishop of York, and Cormac Murphy O'Connor, the Cardinal Archbishop of Westminster, were among those who criticised the broadcast. Hope said: ‘The BBC pushed the boundaries of taste and decency too far. Choosing to see such a production in the theatre is one thing but spending public money on such an offering is quite another.' Murphy O'Connor, leader of the Roman Catholic Church in England and Wales, argued that the BBC should have thought more seriously about whom it might offend. ‘It is possible that deep and lasting offence will be caused the Christians as a result.' Bennett approved the screening. Michael Grade, the Chairman of the BBC, has seen the stage version and is said to have enjoyed it. Mark Thompson, the corporations Director General, who has also seen the stage version, issued a statement saying: ‘I am a practicing Christian but there is nothing in this which I believe to be blasphemous.'
Sunday Times 9/1/2005

Daily Mail report

BBC to air Springer musical and all its 8,000 obscenities
The BBC is to screen the most expletive-strewn programme in TV history. More than 8,000 obscenities will be broadcast when BBC2 shows a screen version of the musical Jerry Springer The Opera in January. The figure dwarfs the previous swearing record of 246 when Channel 4 aired the film Reservoir Dogs last year. The programme also risks offending religious groups because it contains blasphemous scenes. The show has caused controversy since it opened in 2001. It contains 3,168 mentions of the f-word and 297 of the c-word - recognised as the most offensive word to viewers. At BBC2's launch of its winter schedule, the station's controller Roly Keating said the show would ‘push back the boundaries of taste and decency. There will be warnings but we don't intend to cut it. Our audience will expect it to be broadcast uncut.' But John Beyer, of the TV lobby group mediawatch-uk said: ‘The BBC is supposed to be cleaning up its act as it prepares for its Royal Charter to be renewed in 2006. Does this programme represent that? Research shows such bad language does alienate viewers'.
Daily Mail 3/12/2004

The Times report

Christians to protest at Springer opera
American Christian fundamentalist groups have promised to hold a nationwide protest against the British musical Jerry Springer - The Opera when it transfers to Broadway. The foul-mouthed show will open in San Francisco next March before moving to New York, producers announced yesterday. Campaigners from the American Society for the Defence of Tradition, Family and Property and the Catholic League said that the work was blasphemous and they would attempt to halt the production. Written by Stuart Lee and Richard Thomas, the musical contains more than 8,000 swearwords. But the most controversial scene shows Jesus Christ wearing a nappy on a talk show and saying: "Actually, I am a bit gay."
The Times 27/4/2004

Wash your mouth out, Auntie by William Rees-Mogg
by William Rees-Mogg
Two criticisms have been made of the BBC's decision to show Jerry Springer The Opera, even late at night on BBC2. One is the excessive use of bad language; the other, the blasphemous portrayal of religious figures, particularly of Jesus. Up to 45,000 people complained to the BBC before the show went out. The show is divided into two acts. The first is a parody of the Jerry Springer Show. I thought this was a theatrical failure. The original show is indeed a worthless and cruel example of confessional television, but it is so highly exaggerated that it parodies itself ... This part of the show used endless repetition of bad language to little point ... The second act was somewhat more interesting. It centred on a confrontation between Jesus and the Devil, with interventions by Adam and Eve, Mary and God the Father. Jerry Springer was the interlocutor. Religious discussion and debate is, of course, part of the BBC's remit. This is not primarily the issue of legality. I do not doubt that Jerry Springer The Opera breaches the existing law on blasphemy, but I cannot imagine that any jury would convict. The question is, I think, a broader one. Does a public service broadcaster, financed by a universal poll tax, owe a duty of respect to the various religions of its viewers? ... The idea that there is no wrong and no right implies moral anarchy, or moral dementia. Yet I doubt if JSTO will matter all that much. Its callow sophistication is too repulsive. However, it makes me ashamed of the BBC, and the BBC does matter.
The Times 10/1/2005

Your verdict on Springer
We asked if the BBC should have shown the Springer Opera.
4,738 people voted. 11% said YES, 89% said NO
ITV Teletext: page 348 10/1/2005

BBC producer quits over Jerry Springer opera
An award-winning BBC producer has quit his job in protest at the corporation's decision to broadcast the controversial musical Jerry Springer The Opera. Antony Pitts, a senior producer on Radio 3, said he felt that the BBC had betrayed its founding principle to serve as "a beacon of inspiration to the country". He added: "I feel a corporate responsibility for what has happened - aggravated by the fact that we the BBC did not give sufficient attention to the overwhelming level of listener protest in advance.
Daily Telegraph 12/1/2005

BBC chief defends ‘Jerry Springer'
Michael Grade, the BBC Chairman, sought a personal assurance from his Director General that Jerry Springer The Opera would not breach broadcasting rules governing blasphemy. Mr Grade said that it would be a "pretty serious matter" for Mark Thompson, the Director General, if regulators found that the BBC had behaved irresponsibly by screening the musical. Yesterday Mr Grade revealed that, in a highly unusual move, he intervened before the musical was broadcast on behalf of the governors, after the BBC received 45,000 complaints. "I sought and was given reassurances from Mark Thompson that he had satisfied himself that the programme was compliant in every respect," Mr Grade told the Broadcasting Press Guild. BBC governors and Ofcom, the regulator, are expected to undertake separate investigations into complaints about the programme, broadcast on BBC2 on 8 January. Mr Grade said that the governors must not intervene to prevent contentious programmes being broadcast. They had to rely on BBC management making the correct editorial decisions. He said: "This may be tested in the court. The question is, did Mark Thompson operate in line with the best advice or was it a negligent decision where advice was ignored? That would be a pretty serious matter.  Jerry Springer The Opera will close in London next month to tour Britain after 609 performances in the West End.
The Times 13/1/2005

BBC fears increase in mass protests
BBC director of television Jana Bennett has warned that UK broadcasters face an unprecedented new type of mass lobbying against controversial programmes following co-ordinated campaign against Jerry Springer The Opera. The BBC was bombarded by over 50,000 emails and calls about the screening of the controversial opera on BBC2, which Christian groups claimed was blasphemous. Bennett said she hadn't seen such lobbying tactics before, but with growing use of co-ordinated campaigns, she didn't expect it to be the last. She said it was different from a normal audience response - it was about whether we should be broadcasting it at all. The campaign shook BBC executives with its ferocity. BBC governors and Ofcom will now consider the complaints.
Broadcast 14/1/2005

Letter from John Beyer to the editor of Broadcast

14 January 2005

Sir, We hope very much that broadcasters will now acknowledge that there is much more public concern and dissatisfaction with current content standards than was previously realised. The fact that so many people protested about Jerry Springer The Opera illustrates this very vividly. Clearly television matters. Perhaps the opinions of viewers and listeners, for far too long, have been ignored and regarded with disdain. We have always said that the public really ought to be involved far more in the quest for improved accountability and a sensible on-going debate about standards is needed in which everyone should participate. We welcomed Newswatch on BBC News 24 but where, for example, are the replacements for Right To Reply or Biteback?

The BBC, I readily acknowledge, allowed me many opportunities to set out our objection to JSTO and for viewers and listeners to air their thoughts in many 'phone-ins. This was great. Our hope is that important lessons will be learned as a result of the controversy.

May I take this opportunity to state that mediawatch-uk was not involved in the deplorable disclosure of private addresses of BBC Governors and management or in the preposterous calculation of the number of swear words in JSTO. (The figure of "8,283" originated in reviews in The Times 15/11/03 and 30/10/04). However, I believe my letter to the BBC Chairman was fully justified and we are glad to acknowledge that the decision to show JSTO was reconsidered at the highest level within the Corporation. However, many licence-fee payers are disappointed with the outcome and remain convinced that no one is listening to them.

Springer show IS offensive for TV, says man behind stage hit
The man behind Jerry Springer The Opera last night launched a withering attack on the BBC's decision to screen the expletive-strewn show. Leading producer Allan McKeown said that the production was ‘entirely unsuitable' for family TV audiences because viewers watching at home could find the language ‘offensive'. And he claimed corporation executives had flouted copyright law by failing to get his permission for the BBC2 programme, which attracted a record 50,000 complaints. Mr McKeown, who co-produced the stage show, said: ‘Jerry Springer was designed as a theatrical event. And what is daring and avant-garde in the theatre is entirely unsuitable for a weekend television audience. It was not meant for viewers at home.
Mail on Sunday 16/1/2005

Why I resigned from the blasphemous Beeb by Antony Pitts
On Monday afternoon I resigned from my job as senior producer at Radio 3 ... over the screening of Jerry Springer The Opera on BBC2. I had been aware of the issue since the beginning of the year, when the protest e-mails started surfacing. But when it became clear about 10 days ago that the level of concern over the broadcast was both unprecedented - to date more than 50,000 protests - and being all but ignored, I decided to write to Mark Thompson, director general of the BBC. Specifically I said in my e-mail on the Friday morning before the broadcast that if the programme were to go ahead, I would feel that I had no option but to consider resigning. Mark Thompson persuaded me to watch the broadcast before concluding that the content was blasphemous. So I did - I saw it in all its baleful glory. My conclusion? The blasphemy was far, far worse that the news reports had led me to believe ... In this context it is worth recalling the Latin inscription on Broadcasting House: "This temple of the Arts and Muses is dedicated to Almighty God by the first Governors of Broadcasting in the year 1931, Sir John Reith being Director General. It is their prayer that good see sown may bring forth a good harvest and that the people will incline their ear to whatsoever things are beautiful and honest and of good report, may tread the path of wisdom and uprightness".
Sunday Times 16/1/2005

MPs question Government on Jerry Springer
Andrew Selous MP, (South West Bedfordshire) asked the Minister for the Arts, Estelle Morris, whether it was appropriate for public service broadcasting to use taxpayers' money to fund programmes such as Jerry Springer The Opera which offend many people? Does she realise that many licence payers do not believe that the BBC provides value for money in screening programmes that upset so many of our constituents. Ms Morris accepted that people throughout the country may have been offended but people are offended when we have free speech. I would rather have free speech than try to legislate against people being offended. Tim Boswell (Daventry) asked the Minister whether a degree of self-restraint would be appropriate from the broadcasting authorities in that case? Ms Morris said: "What is broadcast is a matter for the BBC, and that is absolutely fundamental, but because of the importance of free speech and artistic freedom, a legislative framework covers not only broadcasting but theatre and print as well, and it is against that framework that decisions should be made. As far as I am concerned, the BBC will look at the framework and it will make a decision about whether it should be broadcast. That is a fundamental principle that in no circumstances should be crossed. Malcolm Moss (North East Cambridgeshire) pointed out that the BBC board of governors continues to argue that it has no role in previewing material before broadcast and thus refused to intervene before the transmission of Jerry Springer The Opera, despite 50,000 complaints from the public ... the question arises as to what the point of the BBC governors is. Ms Morris expressed amazement the Hon Gentleman wanted to give the BBC governors the power of censorship before something is broadcast ... To give BBC governors the power to watch what is broadcast, ahead of Ofcom and ahead of the public, and for the governors alone to decide whether the public are able to see it, would be censorship that is almost worse that the censorship we got rid of between 20 and 30 years ago.

Springer agrees opera was offensive
Controversial presenter Jerry Springer claims the recent opera parody of his show was far more offensive than his own programme. Springer, 60, said: "On our TV show if people use inappropriate language we bleep it out.. If there is nudity we cover it up so that viewers at home don't get to see any of it. It's not my opera, I didn't write it, I didn't produce it, I don't own it, I don't own the BBC." Jerry Springer has said he understands why some Christians were appalled by the parody of his show. It attracted 50,000 complaints before and after its airing on BBC2 earlier this month. It showed Jesus wearing a nappy and was full of expletives. Springer said: "I think the music is wonderful, I think the production was excellent, I think it's witty at times. But I could see how people thought it went too far." The BBC has been castigated by many Christians for showing Jerry Springer The Opera this month. US TV host Springer promoted the stage show when it opened and has seen it. It was written by two British comedians who wanted to ridicule the culture of ‘confessional' victim TV. BBC director general Mark Thompson said the opera did not breach blasphemy or obscenity rules and insisted it be seen in its proper context.
ITV Teletext Page 132 24/1/2005

‘Springer' row a threat to free speech - BBC chief
The Director General of the BBC accused the Christian groups who opposed the January broadcast of Jerry Springer - The Opera of extremism and said that they were a threat to freedom of speech. Mark Thompson said that airing the production was "right and important". He gave warning that "the openness (of the BBC), along with the wider openness of our whole society, is under threat", as he joined battle with his critics arguing that "the voices of those who would wish to limit (freedom of speech) seem to be getting more strident".
The Times 8/3/2005

Letter from John Beyer to The Times

8 March 2005

Sir, In his defence of the decision to show Jerry Springer - The Opera on BBC2 (The Times 8/3/2005) Mark Thompson, the Director General, starts from the wrong premise.

Instead of referring to the BBC's obligations and duties set out in the Licence and Agreement with the Government and the Corporation's own Producers' Guidelines, Mr Thompson appeals for justification to a mysterious "quality test". What is this? He also suggests that there is a "moral point" and determines that the production was "serious and demanding". On whose reckoning? He says that these "arguments favoured transmission" of what he then describes as the "tawdry context" of this so-called satire!

The recently published Green Paper ‘A strong BBC, independent of government' calls again for greater accountability to licence fee payers as well as an improved system of complaints handling. In these circumstances it is simply not good enough for Mr Thompson to ignore the primary constitutional instruments through which that accountability can be judged nor is it good enough to appeal to "powerful arguments" to show JSTO without indicating what these are.

Deliberately causing public offence, contrary to the BBC's obligations and self-declared programme policy, is a very serious matter that Mr Thompson and the BBC must address in the run-up to the renewal of its Royal Charter rather than try to conceal these issues in a fog of rhetoric.