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The BBC was bracing for a storm of protest today after its governing body decided not to take any further action against Jonathan Ross over obscene phone calls made to the actor Andrew Sachs.
Reporting on the row, the BBC Trust said that the material broadcast on Russell Brand’s Radio 2 show last month was a “deplorable intrusion” into the private lives of Sachs and his granddaughter, Georgina Baillie.
It also said that there was no “editorial justification” and no “informed consent obtained” for airing the "grossly offensive" messages left on the answerphone of the Fawlty Towers actor.
But the board said that the BBC's top management had handled the crisis appropriately and it was not up to the trustees to meddle in personnel matters. The ruling means that Ross will be allowed to return to his £6 million-a-year job as a BBC presenter when his current period of suspension without pay is up in January.
Brand, 33, who boasted during the broadcast that he had slept with Ms Baillie, has already resigned, as has Lesley Douglas, the Radio 2 Controller.
Sir Michael Lyons, chairman of the Trust, said: “We have underlined very clearly that it is not the job of the Trust to make decisions about the terms and conditions of performers or the sanctions that are applied to them when they are found to be wanting. We are very clear that the Director-General has taken the right action with respect to Jonathan Ross.”
He added that the Trust could see nothing new in the evidence about the phone calls: “The common issue is not who the performers are. The common issue is editorial failings...the failings here are in the role of the BBC as the publisher of the material.”
Sir Michael said that the material in the case of Brand’s BBC2 show should not have been recorded and that in all the cases the Trust considered today it could have been excised before broadcast.
He said: “The failings we have discussed this morning are serious but they are being addressed." The BBC “needs to learn some lessons” but usually got it right, he added.
The controversy prompted no less than 42,000 complaints to the BBC, although only two listeners thought to complain after the original broadcast.
The BBC's critics say that senior managers were too slow to respond to the public outrage.
They include David Davies, Tory MP for Monmouthshire, who was quoted as saying today: "The BBC is pathetic for not sacking Jonathan Ross. It is a slap in the face to the licence payers to let him stay on.
"If Jonathan Ross thinks he's worth £6million, let him get it from somewhere else, where people think it is funny to verbally abuse pensioners."
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His show on a Friday on night was was of the few programmes worth watching on the BBC. Good news indeed.
Jon, London, UK
what's wrong with you people?they apologised! the apology was accepted!why nobody reacts like this with real issues like poverty and violence?
by the way, the calls were absolutely HILARIOUS.
tete, buenos aires, argentina
The Trust bottled it then?
Arthur Dann, King's Lynn, Norfolk
The only leson that the BBC should draw from this is that Ross should have been subject to instant dismissal and the money saved to create quality programming. How about another Preferably straight) adaptation of an English novel. There are many to choose from.
alastair, stourbridge, united kingdom
Why not publish Ross's telephone number so he can receive some obnoxious phone calls. A taste of his own medicine might work wonders. What's sauce for the goose, should be sauce for the gander.
M. G. Stevenson, Oshkosh, U.S.A.
I'm not sure which I'm sick of hearing about most. This fiasco or the Strictly Come Dancing non-event.
Chris, Aberdeen, Scotland
Unsatisfactory. Brand was gentleman enough to resign. Ross has no shame and is laughing all the way to the bank. He ought to have been sacked.
Alex , Durham, Durham
As a father and husband Mr Ross has no qualms in using the law to guard his wife and daughters from the media. Yet he felt it appropriate to indulge in flouting the rights of others. Where is the joke? Its on all of us who pay the license fee. The BBC should listen, stand up and be counted
Dawn, Kent,
What about bringing back Lesley Douglas, the only true victim of this entire fiasco.
The BBC can kiss goodbye to me paying the licence fee ever again
Ross and Brand are hardly entertaining unlike the true comedian who preside over Mock the Week
Jessica , Peterborough, U.K
If you actually refrain from hysterical over-reaction and listen to the actual broadcast, Ross didn't "verbally abuse a pensioner" at all. His most infamous remark was quite clearly directed at Brand, and not at Sachs: a question of context and tone that sections of the the media gleefully ignored.
L Wilson, Brighton, UK
Mr Ross should go - he is past his sell by date - we could do a lot more with the 18m he earns, putting on good television for a start.
margaret, purley,
Dear god I'm getting sick of this. Let it go!!!
Steve, Dublin, Ireland
Is it too late to be offended? Since the whole Jade Goody campaign fizzled out me and my mob have been struggling to find things to stick our pitchforks in.
Lee, Leeds,
It seems, annoyingly, that most of the people complaining don't like either Ross or Brand, nor do they listen to their shows.
Sachs accepted their apologies, Brand resigned, Ross suspended. Now stop moaning and let the remaining (millions) of us, who do like the pair, enjoy what's left of the shows
Simon, Worthing, West Sussex
Nobody died, so for goodness sake get over it!! What further punishment would be appropriate do we think; public flogging perhaps? Lets just move on to some issues in the media (there are one or two) that really matter!
Derek, Southampton, UK
It's time for the BBC to be sold off as it continues to use license payers money to run a series of hoby activities for out of touch executives.
Crowther, Silsden, UK
The best punishment would be for BBC listeners and viewers to stop tuning in to this talentless man's shows. Then the BBC will have to drop him.
LO, London,
Referendum on the future of the BBC? I pay for Sky+ and never watch the BBC. Why should I pay towards more for Ross', and the useless Trust and Thompson's, vast salaries? Quite absurd.
Tom, London,
David Davies doesn't speak fro me and I do not consider this decision a 'slap in the face' as a TV license payer. Freedom of speech David? Remember!!!
I suggest that anyone not happy with this decision refuse to watch or listen to any of Jonathan Ross's output and please let than be the end
Paul, LOndon, UK
I dunno what all the fiss is about. He's been suspended for 3 month's for some comments. It seems a just punishment. I think he's being a little vicimised at the minute. He was given a punishment he's going t serve it. That should be end of. But for some people its not enough.
Sunny, Cov,
Really, its not worth all the hassel. He's a funny guy who works in entertainment. He was only slightly out of turn. Not the big deal that everyone is making out. Let it go.
Bunty Stokes, London, England
Brilliant news! Bring back Jonathan Ross! Yes, he says some outrageous things, but who cactually cares? Even the daughter of Andrew Sachs, who was the subject of this 'sickening' talk, admits that it wasn't even a big deal! It was clearly an egotistical attempt by the media to get one over Ross.
John M, London, United Kingdom
Well, that confirms the situation for me, it really is time that the BBC Licence Fee Tax was abolished and the BBC made to stand on its own feet. It could start by slashing the high six and seven figure salaries it pays to too many people, including the Director General, and then learn to compete.
Kenneth Armitage, Suffolk, England
I disagree entirely. Ross has made a living out of saying inappropriate things and the BBC is well aware of that it would be totaly unjust for them to fire him after something so stupid. Sachs accepted both Brand and Ross's apologies and, quite frankly, it has little to do with anyone else.
Ash P, London, England
Are you guys serious? It was a very stupid joke, but that's all. That the BBC should be punished, or lose their funding, or whatever other ridiculous ideas you might be proposing, over half an hour's silly broadcasting when they produce hours of quality programming every day is preposterous.
Elspeth, London,
So what exactly is going to happen to the production team who thought it was acceptable to verbally abuse an OAP? There's no point in having visable sackings if the production team aren't re-trained/disciplined.
Maurice, London,
The licence payers may think otherwise! Let's hope his ratings plummet - I don't watch him now as his "r's" annoy me. The BBC can get a lot better for less money. He is not value for money.
S Holmes, London, UK
Only 2 listeners complained about the broadcast on the day. Could it be that this was the entire audience?
TF, bristol,
BRING BACK JONATHAN ROSS NOW!!!
WE CANT WAIT!
FOR those of you who cant stand him, DONT WATCH HIS SHOW! HONESTLY, we could care less, the 12m who adore his show and sense of humour!
Watch Little Britain USA instead, rather whining about paying License Fees!
P Minard, London,
With the world as it is, is this really important? IF YOU DONT LIKE IT DONT WATCH IT. Comedy will all ways cause offence to some remember Python?
Ironically John Cleese is now a national treasure, responsible for Fawlty Towers, 30 years ago he was refusing to apologise for offending the C of E.
matt, London,
That's it, I'm cancelling my license.
Mark , Camberley, UK
Punishment so far?
These two jokers are laughing all the way to the bank at their holiday resorts.
Joker 1, while in the USA, should poke fun at the new President, and then perhaps he can perform in prison - that would be punishment !
Joker 2, swear and curse to his own family - boring ?
john, colchester, uk
Why do we allow him to continue? Is he a suitable role model for anyone? Does the BBC have no moral standards any more? What a pity we are forced to buy a licence from them.
helen white, letchworth garden city, uk
Heavens it is a good job that I was sat on the floor when reading this because shocking and comletely unexpected news like this would have had me tumbling of my seat!
Jonathan Ross is the biggest personality for BBC and as such would have done anything to protect that wee cash cow. SACK HIM!!
Steve Williamson, Manchester, UK
The instigator goes free.
steve tea, manchester, cheshire
Perhaps now is the time for the 42,000 to let the BBC know that they will withhold their license fee until Mr Ross is sacked.
Time for the bloated corperation to respect it`s ACTUAL license payers, as opposed to appeasing it`s "yoof" audience - send the message that this behavior is not "cool".
Darius Midwinter, London,
This issue has dominated the headlines for far too long.
If it wasn't for the excessive coverage, there is no way that 42,000 people would have complained. Just another example of mindless protesters jumping on the band wagon! Get over it...
Gill, Dundee,
Just sack him and put the £6 million towards winning back Match of the Day and having England games live on the BBC - money far better spent.
Ben, Cambridge,
We cannot have the likes of Ross, who has obviously got the BBC round his fingers, who are not prepared to sack him for fear of being sued, saying just anything he likes when he likes in front of who he likes. He is neither witty,funny amusing or even vaguely charming. Come on BBC you can do better
Hales, Burford, UK
I'm extremely disappointed by this. The Trustees had an opportunity here to reset the BBC's standards. They will regret not taking it.
DickW, Aberdeenshire,
What a JOKE. I won't be paying the License Fee.
Dave, London, England
I agree with the comments of David davies MP Monmouth. The whole organisation, The Trust and Director-General are a disgrace and they should either resign or be sacked. Very serious thought should now be given to the funding of the BBC and they should be forced to compete in the real world.
Gordon Cooling, Wetherby, UK
Geez, a whitewash. What a surprise. Incidentally, the BBC should be publicly funded re Radio 1, 2, 3 and 4, the World Service and TV channels 1 and 2. As a taxpayer, I deeply resent having to pay for it otherwise.
Peter K, London, England