The offending text messages were broadcast on August 4 and displayed in a banner style running below a music video, and included a mixture of Loyalist and Republican comments referring to the Ulster Defence Association, a reference to Celtic football prefixed by a Republican slogan in Irish meaning "our day will come", and a misspelled suggestion that all "Fenons" [Fenians] should die.
The regulator said that "within the context of a music programme, the inclusion of these texts was offensive and potentially inflammatory".
Although it was noted that, on occasions, there was a message displayed below the texts that said: "Messages do not represent the views of MTV", the regulator stated that this did not abdicate MTV Dance's responsibility for broadcasting the material unchecked.
Ofcom said that the broadcast had breached rule 2.3 of the Broadcasting Code, which requires that "in applying generally accepted standards broadcasters must ensure that material which may cause offence is justified by the context. Such material may include, but is not limited to, offensive language, violence, sex, sexual violence, humiliation, distress, violation of human dignity, discriminatory treatment or language (for example on the ground of age, disability, gender, race, religion, beliefs and sexual orientation). Appropriate information should also be broadcast where it would assist in avoiding or minimising offence."
The regulator said that, although it welcomed the steps taken by the MTV network to initiate an updated training program for moderators, the messages were not ambiguous and any moderator should have removed the messages before broadcast.
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