Ofcom launches probe into BBC Gaza show narrated by Hamas chief's son

Ofcom has said it will launch a probe into whether the BBC's controversial Gaza documentary, narrated by the son of a senior Hamas official, misled audiences. 

The watchdog announced the measure this afternoon after an internal Beeb review found the programme, Gaza: How To Survive A Warzone, had breached the broadcaster's editorial guidelines on accuracy. 

The documentary aired on BBC2 on February 17 this year but was removed from iPlayer the same month after it emerged its 13-year-old narrator, Abdullah, is the son of Ayman Alyazouri, who worked as Hamas's deputy minister of agriculture.

In a statement published on their website, Ofcom said: 'The BBC has published its review into the programme Gaza: How to Survive a Warzone. 

'The review found that the programme breached one of the BBC’s Editorial Guidelines on accuracy.

'Having examined the BBC's findings, we are launching an investigation under our rule which states that factual programmes must not materially mislead the audience.' 

In the BBC's newly published internal review, Peter Johnston - director of editorial complaints - said the programme was in breach of accuracy for 'failing to disclose information about the child narrator's father's position within the Hamas-run government'.

His report found nobody at the BBC knew of the father's position when the documentary first aired on February 17, but three people at Hoyo Films, the independent production company that made the film, were aware. 

Mr Johnston said Hoyo Films did not 'intentionally' mislead the BBC about the position of the narrator's father, but says the independent production company 'bears most responsibility for this failure'. He said the BBC also 'bears some responsibility'. 

The report said: 'In light of this inequality of information and the opportunities that the production company had to bring this information to the BBC's attention, which it did not take, the production company is the party with most responsibility for this failure.

'However, I do not consider that the production company intentionally misled the BBC about the narrator's father's position.

'The production company has been consistently transparent that, notwithstanding their belief that the father's position was a civilian or technocratic one, as opposed to a political or military position in Hamas, they made a mistake and should have informed the BBC about it.'

The narrator's scripted contribution to the programme also did not breach BBC standards on due impartiality, the report said, adding: 'I have also not seen or heard any evidence to support a suggestion that the narrator's father or family influenced the content of the programme in any way.'

But the use of a child narrator for this programme was 'wrong', the report said.

It explained that in this instance, the narrator 'was put in a position where his narration had to be highly scripted (meaning there was a limited portrayal of his background, story and life) and where he had to carry the rights-of-reply of others, in particular the IDF.

'In light of what the production company knew about the narrator's family and background, putting him forward as the voice of the programme as it was scripted was wrong in my view.'

BBC director-general Tim Davie has apologised for a 'significant failing' in relation to the documentary and pledged the corporation would take action to prevent it happening again.

The report cost approximately £100,000 to carry out. 

The review found no other breaches of editorial guidelines, including breaches of impartiality, and also found no evidence that 'outside interests' 'inappropriately impacted on the programme'.

It said that 'careful consideration of the requirements of due impartiality was undertaken in this project given the highly contested nature of the subject matter'.

The detail of the background information regarding the narrator's father is deemed as 'critical information', which the report says was not shared with the BBC before broadcast.

Mr Davie said: 'Peter Johnston's report identifies a significant failing in relation to accuracy in this documentary. I thank him for his thorough work and I am sorry for this failing.

'We will now take action on two fronts - fair, clear and appropriate actions to ensure proper accountability and the immediate implementation of steps to prevent such errors being repeated.'

The BBC board said: 'We thank Peter Johnston for his work. His report is a comprehensive examination of a complex programme, the production of which spanned many months from concept through to broadcast - and is critical in laying bare the facts of what happened. 

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'Nothing is more important than trust and transparency in our journalism. We welcome the actions the executive are taking to avoid this failing being repeated in the future.'

The scandal drew the ire of Culture Secretary Lisa Nandy, who described feeling 'exasperated' as she called for an 'adequate explanation from the BBC about what has happened'.

'I have not had that from the chair or director-general yet,' she told The Times earlier this month.

She added: 'I have been very clear that people must be held accountable for the decisions that were taken. I have asked the question to the board (of the BBC). Why has nobody been fired?

'What I want is an explanation as to why not. If it is a sackable offence then obviously that should happen.

'But if the BBC, which is independent, considers that it is not, I think what all parliamentarians want to know is why.'

The review led the broadcaster to delay and then pull entirely another documentary from the region, Gaza: Doctors under Attack, which has since been broadcast on Channel 4.

The documentary was originally commissioned by the BBC more than a year ago but paused its production in April and was eventually aired by Channel 4 earlier this month. 

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It is a one off-documentary that examines allegations that Israeli forces have repeatedly targeted hospitals in breach of international law.

The programme was made by two-time Emmy-winning journalist Ramita Navai, fellow two-time Emmy-winning director Karim Shah and ex-Channel 4 News Editor Ben De Pear, who is the executive producer of Basement Films, which was commissioned by the BBC to create the film.

Channel 4 said it had fact-checked the documentary to ensure that it meets its editorial standards and the Ofcom Broadcasting Code.

Hoyo Films said in a statement that they take the report findings 'extremely seriously' and 'apologise for the mistake that resulted in a breach of the (BBC) editorial guidelines'.

They added: 'We are pleased that the report found that there was no evidence of inappropriate influence on the content of the documentary from any third party.

'We appreciate the rigorous nature of this investigation, and its findings that Hoyo Films did not intentionally mislead the BBC, that there were no other breaches of the editorial guidelines in the programme, and that there was no evidence to suggest that the programme funds were spent other than for reasonable, production-related purposes.

'Hoyo Films welcomes the report's recommendations and hope they will improve processes and prevent similar problems in the future.

'We are working closely with the BBC to see if we can find an appropriate way to bring back to iPlayer the stories of those featured in the programme.

'Our team in Gaza risked their lives to document the devastating impact of war on children.

'Gaza: How To Survive A Warzone remains a vital account, and our contributors - who have no say in the conflict - deserve to have their voices heard.'