The communication industries regulator said that it received
eight complaints about the broadcasts, including one from the
British Epilepsy Association. The animation portrayed the Games'
controversial logo diving into a swimming pool using flashing
images. The images were broadcast on BBC1 on 4th June and 6th June
as part of a report on the launch of the 2012 Olympics logo.
Certain types of flashing images may trigger seizures in viewers
who are susceptible to photosensitive epilepsy (PSE). The
Broadcasting Code therefore contains a rule to minimise the risk to
viewers who have PSE.
Rule 2.13 of the Code states: "Television broadcasters must take
precautions to maintain a low level of risk to viewers who have
photosensitive epilepsy. Where it is not reasonably practicable to
follow the Ofcom guidance, and where broadcasters can demonstrate
that the broadcasting of flashing lights and/or patterns is
editorially justified, viewers should be given an adequate verbal
and also, if appropriate, text warning at the start of the
programme or programme item."
The BBC accepted that a section of the news report "may have
been a risk to viewers with PSE" but did not believe it was in
breach of the rule.
The BBC explained that it had been given no indication that the
logo might be problematic and argued that its expectation was that
a major public body would already have taken steps to ensure
compliance and that the graphics would have been tested for
photosensitivity and be safe for broadcast.
The broadcaster added that it transmitted the material in good
faith and its initial assumption – given that it was given no time
to assess the material – was that it was safe for
broadcast. It was only alerted to the problem by calls, texts
and emails from viewers.
Ofcom's guidelines state that content which contains rapid scene
cuts and/or where there is a change in screen brightness between
cuts, should be reviewed with special care. In particular
broadcasts must not exceed the maximum allowed three 'flashes'
within a second, known as the Harding test.
The regulator tested the excerpt of the promotional Olympic
video and found that the majority was unproblematic. However, it
noted that "a brief sequence of 45 frames – around 2 seconds in
length – contained an excessive number of 'flashes' that were
clearly in breach of the guidelines."
The ruling added: "Irrespective of the source, it is the
responsibility of the broadcaster to ensure that material it
transmits complies with Ofcom's Broadcasting Code. This
responsibility is particularly important where there is the
potential to harm viewers."
"The broadcast of this material was therefore in breach of rule
2.13," it said.
Last month the UK's advertising watchdog, the Advertising
Standards Authority (ASA), cleared a television advert for Dolce
& Gabbana watches which allegedly caused one woman to have an
epileptic seizure.
D&G's advert included flashing images but had been submitted
to and passed the Harding test. The ASA said that it was not
inappropriate for the advert to be broadcast.
