Panorama BBC Panorama
The BBC is to return a Royal Television Society award it received in 2009 for a Panorama documentary found to have breached editorial guidelines on accuracy and fairness.

Earlier this month the BBC Trust's editorial standards committee ordered the BBC to make an on air apology after concluding that certain footage which appeared in a documentary on retail outlet Primark was "more likely than not", not genuine.

In its ruling the committee also said the BBC Executive should consider its position with regard to the RTS Current Affairs Home award it received in 2009 for the programme.

At the time the BBC reported the RTS had said the programme was "not only an engaging watch but… thorough and also went the extra mile to lay bare the whole chain from refugee camp to the High Street rail".

But this week the broadcaster confirmed it would be "inappropriate" to keep the accolade.

"The BBC has apologised for including a short section of film which could not be authenticated in the 'Panorama' programme 'Primark – On the Rack'," a spokesman said.

"We acknowledge that a serious error was made and therefore it would be inappropriate to keep the RTS award."

In its report the ESC said it had examined a "substantial body of evidence", including rushes tapes, emails to the programme team from the freelance journalist who obtained the footage and witness evidence, before reaching its conclusion.

"The committee considered that there was not one piece of irrefutable and conclusive evidence which would enable it to say for certain (i.e. beyond reasonable doubt) whether the footage was or was not staged.

"However, the committee was not required to reach a view beyond reasonable doubt in order to determine the appeal."

Following references to specific alleged inconsistencies in the evidence looked at, the committee found "there had been a serious breach of the accuracy and fairness editorial guidelines".

Speaking at the time Dan McDougall, the freelance journalist named in the committee's report as working on the documentary and now Africa Correspondent for the Sunday Times, released a statement to say he was "appalled" by the decision.

"In the BBC Trust's own words, there is no one piece of irrefutable and conclusive evidence to support the allegation that the sequence in the programme had been staged.

"The BBC claims that investigative journalism should remain at the heart of the BBC news but what this verdict demonstrates is that it now judges journalists on the balance of probability rather than fact.

"Despite this remarkable admission by the trust, that there was no one piece of irrefutable and conclusive evidence to support the allegation, the body claims it reached a decision 'on the balance of probabilities' that it was more likely than not that the footage was not authentic.

"Had the trust, therefore, applied the higher standard of proof, I and the programme would have been vindicated. Given that the committee chairman has since said that the programme failed to meet the highest standards, is it so unreasonable to expect the same high standards to be applied when the trust reached a decision which has led to such widespread criticism of my previously untarnished reputation."

In its report the committee said even if it had decided on the balance of probabilities that the footage in question was authentic, "it would still have considered that there were serious failings by the BBC in the making of the programme".

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