Very funny and justified – what BBC boss thought about Brand-Ross call

THE BBC was guilty of a "catastrophic breakdown" of editorial control in allowing obscene messages comedian Russell Brand left on actor Andrew Sachs' voicemail to be broadcast, the corporation's governing body ruled yesterday.

The BBC Trust's investigation catalogued a damning series of blunders that allowed the show to go out on Radio 2. It also uncovered why Lesley Douglas, the station controller, quit days later – she had approved the show without listening to it.

The investigation also revealed that the station's head of specialist music and compliance thought the show was "very funny" and "editorially justified".

The trust ruled out further disciplinary action for Ross, who will be able to return to his TV and radio shows in January. Brand has quit the station and Radio 2's head of compliance, David Barber, has also resigned.

Ms Douglas gave the go-ahead for the broadcast despite being warned explicitly by another BBC executive that the show included the now infamous remark by Jonathan Ross that Brand had "f*****" Mr Sachs's grand-daughter.

Asked on e-mail if she would allow the show to be broadcast, Ms Douglas sent a one-word reply on her BlackBerry handheld computer: "Yes". The BBC received 42,851 complaints about the show, which was broadcast on 18 October.

Further remarks by Brand on Radio 1, and a "sung apology" in his follow-up show a week later, were found to have exacerbated the insult to Mr Sachs and his grand-daughter, Georgina Baillie. Brand implied on his show on 21 October that he had had sex with Miss Baillie.

The trust found that Brand's 18 and 25 October shows were "so grossly offensive" that broadcasting them was unjustified.

It said the broadcasting of the remarks was humiliating to Mr Sachs, best known as Manuel from the sitcom Fawlty Towers, and his grand-daughter, a member of the band Satanic Sluts. It represented an "unacceptable and deplorable intrusion into their private lives".

Attempts to seek Mr Sachs's consent for the broadcast, and the ability to broadcast the programme without it being checked by a senior BBC figure, "demonstrated a spectacular and dismal failure" of procedures.

It said Ms Douglas was guilty of a serious misjudgement in allowing the show to be aired, despite believing – after being accidentally misinformed – that Mr Sachs had consented to the broadcast. It said knowledge of the use of the F-word in relation to an identified person "should have raised alarm bells".

The investigation concluded that the incident "represented a serious failure of judgment as to what was acceptable on the BBC and a catastrophic breakdown of editorial and compliance control by the BBC".

Once the message was left on Mr Sachs's voicemail, the recording should have been halted, executives alerted and an apology offered. The report reveals that Brand and Ross were keen for the recording to be included in the show, and criticises the inexperience of the producer.

It adds: "Jonathan Ross, for his part, said he made it clear to Russell Brand at the time that the material should be included only if both Andrew Sachs and Georgina Baillie consented.

"He said he checked with Russell Brand later and was reassured that both had agreed.

"It appears that Russell Brand did leave a voicemail message with Georgina Baillie, which briefly described the message he had left for her grandfather and for which he was sorry."

Sir Michael Lyons, chairman of the BBC Trust, said the broadcasts were "gross breaches" of the BBC's editorial guidelines and should never have been broadcast. He announced the setting up of a register of "high-risk programmes" and tighter controls.


Jonathan Ross was reprimanded yesterday for his use of obscene language in his TV chat show in an interview with the actress Gwyneth Paltrow.

The show, broadcast on 2 May, was the first of four demonstrations of a "failure of editorial judgment" at the BBC, according to its governing body.

Ross, who had already used the F-word in conversation with Michael Aspel, said to Paltrow: "If you want to have sex, I'll phone my wife. If she gave me permission, I would f*** you."

The second breach occurred on Russell Brand's radio show on 18 October, when Ross was a guest. This involved the phone message to Andrew Sachs. Three days later, Brand appeared live on Chris Moyles' breakfast show on Radio 1. Brand used an innuendo to suggest he had slept with Miss Baillie.

Finally, on 25 October, Brand replayed a song in which he claimed to have slept with Miss Baillie. There followed "intrusive and offensive" references to Brand's relationship with Miss Baillie.


Exchange that secured broadcast

EXTRACTS from the trust's report reveal the discussions on whether to broadcast the calls:

Producer to Douglas Barber, the station's head of specialist music and compliance:

"The problem comes when Jonathan says that Russell f***** Sachs's granddaughter…

"I would say take it out but it forms the crux of the call and is VERY funny…

"Russ and Jonathan both VERY keen to go for it."

Mr Barber to Lesley Douglas, the former controller of Radio 2:

"Jonathan uses the f-word 52 mins into the first hour in a sequence about Russell f****** Andrew Sachs's granddaughter.

"They are speaking into Sachs's answer machine at the time, and it's very funny. There then follow more calls to the answerphone in the 2nd hour, again v funny.

"Having discussed it with (the producer] and listened to the sequence, I think we should keep in and put a 'strong language' warning at the top of the hour.

"I think it's editorially justified in the context and certainly within audience expectations for Russell's show … Certainly preferable to bleeping … Jonathan also apologises and Russell's shocked reaction is hilarious.

"Andrew Sachs is aware and happy with the results which were recorded his end for him to hear. Are you happy with this plan of action?"

The next day the controller gave the go-ahead with a reply: "Yes."


Four 'failures of editorial judgment' recorded

JONATHAN Ross was also reprimanded yesterday for his use of obscene language in his TV chat show during an interview with the actress Gwyneth Paltrow.

The show, broadcast on 2 May, was the first of four demonstrations of a "failure of editorial judgment" at the BBC, according to its governing body.

Ross, who had already used the F-word in conversation with Michael Aspel, said to Paltrow: "If you want to have sex, I'll phone my wife. If she gave me permission, I would f*** you."

The second breach occurred on Russell Brand's radio show on 18 October, when Ross was a guest. This involved the phone message to Andrew Sachs.

Three days later, Brand appeared live on Chris Moyles' breakfast show on Radio 1. Brand used an innuendo to suggest that he had slept with Georgina Baillie.

The comedian told Moyles: "I phoned up Andrew Sachs to apologise for a matter live on radio and Jonathan Ross blurted out an expletive regarding Andrew Sachs' granddaughter, who I'd, in inverted commas, recently 'met'. I met her brains out."

Finally, on 25 October, Brand replayed a song in which he claimed to have slept with Miss Baillie. There followed "intrusive and offensive" references to Brand's relationship with Miss Baillie.