Islam Channel is considering a legal challenge to the decision by Ofcom to impose a £30,000 fine in respect of a series of code breaches relating to impartiality and the presenting of programmes by standing political candidates during an election campaign. The channel will argue that there were a number of mitigating circumstances which allowed the breaches to occur and that the channel has taken significant steps to ensure that such breaches do not occur again in the future. Given the community nature of the channel, the Islam Channel management team believe that to impose a financial penalty represents a punitive attack on the community rather than a genuine attempt to remedy a compliance issue.

‘Another Breach in the Wall’

The Islam Channel management team were however, pleased to note that although Ofcom felt it appropriate to uphold an impartiality breach in respect of the showing of the documentary ‘Jerusalem; A promise of Heaven’, it rescinded its earlier intention to impose a financial sanction in respect of the showing of the programme. Ofcom has asserted that describing the Wall in Jerusalem within the documentary as ‘belonging to Muslims’ was a serious breach of the impartiality rules, despite the bold representations made by the Islam Channel Management Team at a sanctions hearing held earlier this month (6th of July) at Ofcom’s offices.

Mohamed Ali – CEO of Islam Channel argued that amongst Muslims throughout the world who constitute the overwhelming majority of the channel’s viewers, the wall is known (as it has since its inception over 1400 years ago) as the ‘Al Buraq Wall’. The Wall (referred to in the West as the Western Wall or by those of the Jewish faith as the Wailing Wall) is recognised as one of the most holy sites in the Islamic world - the place from which the Prophet Mohamed PBUH tethered his winged steed on his journey back to Jerusalem. Mohamed Ali argued that the wall formed part of the Haram Al Sharif and that it as well as the area surrounding it, constituted Waqf property (religiously and legally protected endowment) owned by Muslims since its inception. This ownership was recognised legally by the League of Nations who convened a special committee – The Shaw Committee in Jordan in 1930, to assess the merits of the Muslim claim. The Shaw Committee ruled that:

‘To the Muslims belong the sole ownership of, and the sole propriety right to, the Western Wall, as an integral part of the Al-Haram ash-Sharif area’

‘To the Muslims also belongs the pavement in front of the Wall and of the adjacent Maghribi (Moroccan) Quarter opposite…[which was] made waqf under Muslim Shari’ah law, it being dedicated for charitable purposes.’

Given that under UK law East Jerusalem is recognised as ‘Occupied Territory’ and that according to international law as determined by the League of Nations - the Wall is ‘solely’ owned by the Muslims, it is a matter of consternation that Islam Channel has been found guilty of a breach in guidelines, for broadcasting this as a statement of fact.

Islam Channel fully accepts however that Ofcom’s final determination following the appeal shall be treated as a benchmark for future broadcasts. It further notes that:

‘The decision to broadcast the documentary was made in the context of the channel’s remit to present the Islamic viewpoint and values; to be an Islamic alternative television channel and to provide programmes relevant to the Muslim community.  The channel believes the programme to be broadly consistent with the expectations of its viewers in relation to the subject matter and offered viewers an alternative to mainstream coverage of the subject.’