In a ruling today (3 April), Ofcom said the radio show featuring Brand and guest Jonathan Ross, aired on BBC Radio 2 on the 18 and 25 October 2008, had broadcast "explicit, intimate and confidential" information about the pair without their consent.
The broadcast regulator concluded: "This not only unwarrantably and seriously infringed their privacy but was also gratuitously offensive, humiliating and demeaning."
Ofcom did recognise broadcasters require "creative freedom" to explore issues and that creative risk forms part of the BBC's public service role, but stressed so is the management of that risk.
In this case, Ofcom's investigation revealed that despite the Russell Brand show being considered by the BBC to be "high risk" prior to these episodes, the broadcaster had ceded responsibility for managing some of that risk to those working for the presenter, Russell Brand.
In total, six underlying flaws in the BBC's compliance systems were identified, centring around the lack of clarity about the role of a senior figure (executive producer) at the agency representing Russell Brand; their training, and insufficient monitoring by BBC Audio and Music.
The BBC was also reprimanded for having no senior manager at Radio 2 listen to the pre-recorded programme on 18 October 2008 in its entirety before broadcast.
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