Travellers seek judicial review of Ofcom ruling on Big Fat Gypsy Weddings

From the Guardian

A campaigning group representing the Gypsy and Traveller communities is seeking a judicial review of an Ofcom ruling dismissing concerns about unfair racial stereotyping in Channel 4's Big Fat Gypsy Weddings.

The Traveller Movement, a charity supporting the Gypsy and Traveller communities, claimed the media regulator treats "powerful broadcasters" more favourably than ordinary people.

It is seeking a judicial review over Ofcom's decision in November last year to dismiss complaints that Big Fat Gypsy Weddings and spin-off Thelma's Gypsy Girls perpetuated racist stereotypes, broke regulations regarding consent to be filmed and reinforced misconceptions and prejudices towards the Gypsy and Traveller communities.

Ofcom's ruling followed a year-long investigation, after receiving about 340 complaints about the show, including from the Traveller movement and eight Gypsy and Traveller women.

The Traveller Movement claimed Ofcom's ruling was reached following a "flawed investigation", with Channel 4 named as an "interested party" in the proceedings.

It is also complaining that under Ofcom's standards procedures only the broadcaster, in this case Channel 4, is allowed to see and challenge a draft report of the investigation findings.

"This is a case of significant public importance," said David Enright, a partner at law firm Howe & Co, which is acting for the Traveller Movement in the case. "Ofcom's handling of the Traveller Movement's complaints has exposed deeply worrying flaws in Ofcom's procedures. Simply put, powerful broadcasters are treated more favourably than ordinary people who look to Ofcom to protect them and their children from harmful and offensive broadcasts."

Ofcom's ruling said that while some of the portrayals of participants in the show had the potential to cause offence, there was "sufficient context" to justify them.

"Channel 4's Big Fat Gypsy programmes harmed children, promoted discrimination and racism and fuelled misunderstanding, bullying and hostility towards these already marginalised communities," said Yvonne MacNamara, chief executive of the Traveller Movement. "Ofcom's handling of the many complaints about [the shows] can only be described as shocking, incompetent and unfair."

An Ofcom spokesman said: "We can confirm that the Traveller Movement has served Ofcom with an application for judicial review.

"This relates to Ofcom's decisions in November 2013 that Channel 4's series Big Fat Gypsy Weddings and Thelma's Gypsy Girls were not in breach of Ofcom's broadcasting code. We stand by our decisions and will defend them in court."

Channel 4 declined to comment.

Big Fast Gypsy Weddings has been Channel 4's biggest ratings hit post-Big Brother, with the first series attracting more than 7 million viewers in 2011.

However, the show has been dogged by controversy over its portrayal of the Gypsy and Traveller communities. Jay Hunt, Channel 4 chief creative officer, announced at the Guardian Edinburgh Television Festival in 2012 that the broadcaster was "close to drawing the line" with Big Fat Gypsy Weddings, switching from a series to one-off specials.

A Channel 4 spokesman said on Wednesday there was one further special commissioned, but no plans for any more.

David Abraham, the broadcaster's chief executive, apologised to MPs on the Commons culture select committee for the "Bigger. Fatter. Gypsier" advertising campaign promoting the second series in early 2012.

This followed an Advertising Standards Authority ruling that the campaign was irresponsible, offensive and reaffirmed negative stereotypes and prejudice against the Traveller and Gypsy communities.