Ofcom fines radio station for selecting wrong answers in quiz

The communications regulator has fined Lakeland Radio Limited for breaking a rule of the Broadcasting Code which states that competitions should be conducted fairly. The station has also been ordered to broadcast a statement of Ofcom's findings.

Lakeland Radio broadcasts to Kendal and Windermere in South Lakeland, England. Between January and May 2008 the station ran three competitions called 'Suss the Celeb'.

A celebrity voice was broadcast and listeners were invited to submit the celebrity's name by telephoning an 0845 number. Calls to 0845 numbers cost up to five pence per minute from a landline. Listeners could also enter by sending a text message. Text entry was charged at a premium rate of 25 pence, plus a standard network charge.

According to the competition’s terms and conditions, one or more entrants were to be selected at random from that day’s entries, and their answers revealed on air at the end of that day’s round. If the entrants had guessed incorrectly, all other entries in that day’s round were discarded and listeners were invited to re-enter in the next day’s round. A clip of the same celebrity’s voice was broadcast until it was identified. The cash prize, which started at £5, was increased by £5 each day until the correct answer was aired.

But the entries selected for broadcast were not chosen at random, according to Ofcom's investigation.

"On approximately 85 occasions, competition entrants who were known to have incorrect answers were deliberately selected by Lakeland’s presenter, preventing the prize from being won in that day’s round of the competition," said Ofcom. "This resulted in additional daily rounds, and therefore a greater number of entries, before each prize was awarded. This was contrary to the competitions’ terms and conditions and in contravention of the licensee’s compliance obligations under the Code."

Ofcom acknowledged that the financial loss to listeners was minimal but noted that "all listeners who entered the competitions during the rounds in which a wrong answer had been selected had no chance of winning."

"In addition, Lakeland’s audience overall was deceived as to the fair conduct of the competitions," it said.

Ofcom also found that Lakeland had failed to put in place sufficient compliance procedures and checks, and that there had been a lack of appropriate compliance training for its staff.

Lakeland's owner, CN Radio, said that staff had been instructed not to award any cash prize until the 'cash pot' had reached a significant amount. The competitions had been prolonged to build excitement and "marketing opportunities," not to increase revenue, it said.