Standards cases
In Breach
Top Gear Burma Special
BBC 2, 16 March 2014, 20:00
Introduction
Top Gear is a long-running magazine series on motoring. Presenters Jeremy
Clarkson, James May and Richard Hammond provide information and commentary
about cars and interact with the audience and special guests. Programmes are light-hearted in tone, and typically include quirky and humorous banter between the
presenters.
This particular episode was the second part of a two-part special, filmed in Burma,
where the Top Gear presenters crossed the country in trucks and built a makeshift
bridge over the River Kwai in Thailand. On observing the completed bridge, on which
an Asian man is seen walking towards them, Jeremy Clarkson and Richard
Hammond engaged in the following conversation:
Jeremy Clarkson: ?That is a proud moment?but?there is a slope on it.?
Richard Hammond: ?You are right?[pointing]?it is definitely higher on that side.?
Jeremy Clarkson then narrates, over images of the bridge: ??we decide to ignore the
slope and move onto the opening ceremony.?
Ofcom received two complaints from viewers who expressed concern that the word
?slope? referred to the Asian man crossing the bridge and was an offensive racist
term.
Ofcom noted that the word ?slope? is an offensive and pejorative term for a person of
East Asian descent, which originated during the Vietnam War
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. Jeremy Clarkson
used the word at exactly the same time as the Asian man crossed the bridge.
Ofcom considered that the use of this reference warranted further investigation under
the following rule of the Code:
Rule 2.3: ?In applying generally accepted standards broadcasters must ensure
that material which may cause offence is justified by the context?Such
material may include but is not limited to?discriminatory treatment or
language (for example on the grounds of?race?).?
Ofcom therefore asked the BBC how this material complied with Rule 2.3.
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Response
The BBC stated that the programme: ?used the word in what the programme-makers
believed was an inoffensive, humorous play on words, addressed at the build quality
of a bridge which the team had constructed and a local Asian man who was crossing
it.?
The BBC added that although the programme-makers: ?knew that the word could be
used to refer to people of Asian origin they believed that such use was mere slang.?
The programme-makers were ?not aware at the time that it had the potential to cause
offence particularly in some countries outside the UK? and had they been aware of
this, the word would not have been used in this context.
The BBC stated that it had ?already issued a public statement apologising for the use
of the word and for any offence which its use caused? and the BBC added that it
?unreservedly? repeated that apology. A copy of the public statement, authored by
the Executive Producer of Top Gear, Andy Wilman, was provided to Ofcom and read:
?When we used the word ?slope? in the recent Top Gear Burma Special it was a
light-hearted word play joke referencing both the build quality of the bridge and
the local Asian man who was crossing it.
We were not aware at the time, and it has subsequently been brought to our
attention, that the word ?slope? is considered by some to be offensive and
although it might not be widely recognised in the UK, we appreciate that it can be
considered offensive to some here and overseas, for example in Australia and
the USA.
If we had known that at the time we would not have broadcast the word in this
context and regret any offence caused.?
Decision
Under the Communications Act 2003, Ofcom has a duty to set standards for the
content of programmes as appear to it best calculated to secure the standards
objectives. One of these is that ?generally accepted standards? are applied so as to
provide adequate protection for members of the public from the inclusion of offensive
and harmful material. These standards are contained in the Code. Broadcasters are
required under Rule 2.3 of the Code to ensure that, in applying generally accepted
standards, they must ensure that the inclusion of material which may cause offence
is justified by the context.
In reaching a decision in this case, Ofcom acknowledged the importance attached to
the right to freedom of expression in broadcasting. Broadcasters must be permitted
to enjoy the creative freedom to explore controversial and challenging issues and
ideas, and the public must be free to view and listen to those issues and ideas,
without unnecessary interference.
However, the Code requires that potentially offensive material is justified by its
context. As such, there is significant room for innovation, creativity and challenging
material within light-hearted comedy programming, but it does not have unlimited
licence in terms of offensive material.
In this case, Ofcom considered firstly whether the use of the word ?slope? was
offensive (and the degree of any offensiveness) and, if so, secondly, whether the
BBC had ensured that it had applied generally accepted standards by justifying the
inclusion of that material by the context of the programme.
Ofcom?s view is that the word ?slope? is a pejorative racial term which has the
potential to be offensive to Asian people specifically, as well as to viewers more
generally. In its representations the BBC explained that the programme-makers were
aware that the word was ?used to refer to people of Asian origin? but they considered
?such use was mere slang?. Further they argued that the programme-makers were
not aware it had the potential to cause offence ?outside the UK? and had they been
aware of this offence it would not have been used.
Ofcom acknowledges that ?slope? is a term of offence more widely used in America
and Australia. However it is also capable of causing offence in the UK particularly to
people of Asian origin. Further, Ofcom research
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has indicated that viewers are likely
to consider a word to be more offensive if they understand it to be making a
derogatory reference to specific characteristics of a defined ethnic group.
Ofcom therefore considered whether the broadcast of this offensive word was
justified by the context. Top Gear is widely known for its irreverent style and
sometimes outspoken humour, as well as the banter between the three presenters.
We also noted that regular viewers of Top Gear were likely to be aware that the
programme had previously used national stereotypes as a comedic trope, particularly
to describe the characteristics of cars. Various nationalities have, at some point,
been the subject of the presenters? mockery during the history of this long running
programme. The regular audience for this programme adjusts its expectations
accordingly.
In our view, however, in this case Jeremy Clarkson deliberately employed the
offensive word to refer to the Asian person crossing the bridge as well as the camber
of the bridge. Ofcom noted that this sequence was scripted in advance, and that
clear consideration was given at the time of production to using the term ?slope? to
formulate what the production team intended to be humorous word play around it.
There was clearly an opportunity both during filming and post-production to research
the word and reach a more considered view on whether it was ?mere slang? and had
the potential to cause offence to viewers.
We took into account that the BBC said the programme makers intended the use of
?slope? to be ?an inoffensive, humorous play on words?, but that the broadcaster
accepted now that the word was capable of causing offence in the UK and
apologised. We noted that the BBC provided no other arguments to justify the
potential offence in the context.
Ofcom concluded, however, that in the circumstances of this particular case there
was insufficient context to justify the broadcast of this material. The BBC did not
apply generally accepted standards so as to provide adequate protection for
members of the public from offensive material. As a result there was a breach of Rule
2.3.
Breach of Rule 2.3
