Reproduced from Music Week 14 June, 1997

In a strongly-worded letter, BPI director general John Deacon called on ITC chairman Sir Robin Biggam to take appropriate action before tomorrow night's (Tuesday, 10) programme.

Last Tuesday's first programme, which prompted an outraged reaction from the music industry, had ignored ITC guidelines on programmes' 'obligations of fairness and a respect for the truth,' says Deacon.

'Many of my members, both large and small, have already expressed their concern,' he says. 'Indeed, it is the smaller companies who are most outraged by the programme, since they have the most to lose by an inaccurate portrayal of the industry.'

PolyGram UK chairman John Kennedy says, 'Until now, Roger Cook was someone whom I had immense respect for. But this programme seemed a very poor piece of journalism.' Virgin Records managing director Paul Conroy adds, 'You can find a seedy side to any industry and we are no different in that. But that isn't how the industry as a whole behaves.'

Deacon's letter - which was sent on Wednesday following consultation with BPI chairman John Preston - criticised the half-hour programme for its lack of objectivity and failure to demonstrate evidence of its claims.

In a bid to show evidence of 'buying in', the show included footage of a retailer apparently swiping unsold records through a machine. However, the dealer was removed from the Millward Brown chart panel in October 1996, Deacon says.

Deacon adds that the programme also offered no evidence to support the substantial claim that all the major record companies are involved in illegally hyping the charts. Mike Stock, who accepted that his Tatjana single Santa Maria was bought in two years ago but without his knowledge, was not a particularly impartial witness, he says.

Deacon claims that the programme makers also made serious factual errors: suggesting that offering discounted product to retailers is illegal, when it is a widely held practice in many industries; stating that the BPI is run by the majors, although independent companies have equal voting rights and a majority on its council; and claiming incorrectly that the Total Record Company is owned by BMG.

A spokeswoman for the Carlton TV programme says she is aware of the BPI move, but adds that the company's legal department hasn't officially been notified by either the BPI or ITC.

An ITC spokeswoman says the BPI complaint will be examined to see if the programme has contravened its code of conduct and a decision will be made in its monthly report.