Complaint to Ofcom Regarding The Great Global Warming Swindle

Appendix F: Some Factors to Consider when Setting the Penalty

Page 161


Appendix F: Some Factors to Consider when Setting the Penalty


We refer to Ofcom’s draft penalty guidelines (


General Criteria

6. In general, Ofcom is likely first to consider the following factors in determining the starting figure of any penalty:

  • the seriousness of the contravention;
  • any precedents set by previous cases; and
  • the need to ensure that the threat of penalties will act as a sufficient incentive to comply.

This complaint cites 137 breaches of Ofcom regulations, indicating the seriousness of the contravention. Furthermore, the producers and broadcasters of the programme, WagTV Martin Durkin and Channel 4, were subject to a ruling by the Independent Television Commission (ITC) for a previous documentary, Against Nature ( Martin Durkin accepted the ruling ( Given the repeat offences by Durkin and Channel 4 in The Great Global Warming Swindle, Ofcom should pay special attention to deterring future breaches effectively, as the ITC ruling clearly did not act as a deterrent, or as a sufficient incentive to comply.


Specific Criteria which May be Relevant Depending on the Contravention

7.  Certain specific criteria may be relevant to adjust the starting figure of any penalty depending on the type of contravention. This may include, but would not necessarily be limited to:

  • any gain (financial or otherwise) made by the person in breach (or any connected person);

The films production company WagTV is planning to release the film on DVD in September 2007 (see Amazon:, and therefore stands to make a considerable financial gain from it.

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Page 161 of 176

Final Revision

Last updated: 11 Jun 2007