HIFI re loggers for movies & programs

ENGLISH-LANGUAGE PANEL
CBSC Decision 17/18-1790
2018 CBSC 17
November 28, 2018
S. Courtemanche (Chair), R. Cavanagh, M. Galipeau, K. Phillips, L. Salvas, S. Sammut, C. Scott

THE FACTS

On June 6, 2018, the CBSC received a complaint from a viewer who listed 22 different broadcasts on the discretionary service HIFI that caused concern.  The broadcasts listed were of feature films, dramatic programs, and one reality program.  The complainant had a number of issues about the various broadcasts:  the presence of violence, sexuality and coarse language (including the word “fuck”); an absence of viewer advisories; and inappropriately low classification ratings.  The complainant provided precise times and descriptions for each of the instances that were of concern.  Some of the broadcasts occurred outside the Watershed period of 9:00 pm to 6:00 am for adult content, while other broadcasts occurred within that timeframe.

On June 14, the CBSC sent its customary request to the broadcaster asking it to conserve the loggers for the broadcasts in question.  Loggers are recordings of exactly what went to air. Loggers include the program itself, plus any interstitial content, such as advisories, classification icons, and commercial breaks.  HIFI confirmed that it was conserving the loggers.

On July 11, HIFI sent a response to the complainant in which the station indicated that it had reviewed the loggers and could confirm that the issues raised by the complainant did occur.  It went on to write,

Since receiving your most recent complaint, we have been working hard to ensure that all of our programming on HIFI meets the standards of the CBSC and expectations of our viewers.  We have moved all airings of these programs to post-watershed (which takes place between 9 p.m. ET and 6 a.m. ET); ensured that all disclaimers are now running for the appropriate period of time; and made certain that everything currently airing on HIFI is rated correctly.  We thank you for your patience as we addressed the gaps in our internal workflow and systems leading to these issues.  We’ve since implemented additional measures to ensure that incidents like this do not occur again.

HIFI also stated that it would “air a public apology on HIFI on air and on its website to address your feedback and proactively acknowledge these incidents.”  The complainant was not satisfied with this response and filed his Ruling Request on July 25.

As per its customary process, the CBSC asked HIFI to send it the loggers of the challenged broadcasts.  Rather than send the full broadcasts of each program, HIFI sent 51 video files, each containing a three-minute segment showing only the precise moments mentioned by the complainant.  When the CBSC requested the full loggers, HIFI informed the CBSC that it no longer had the full loggers and apologized for the confusion.  When the CBSC inquired about the apology that HIFI had said it would air, HIFI explained that it had “decided to hold off on airing the apology until receiving further instruction from the CBSC.”

On October 16, when the CBSC informed HIFI that a CBSC Panel would consider the provision of loggers in its review of this file, HIFI wrote, “we can confirm that the loggers provided were not adequate for CBSC purposes.  We have since clarified that when a request for logger tape(s) comes in from the CBSC, we are required to keep the full logger tape(s) and not just clips of specific offences cited by the complainant.”  (The full text of all correspondence can be found in the Appendix to this decision.)

THE DECISION

The English-Language Panel examined the matter under the CBSC Broadcaster Associates Manual, which is given to all broadcasters who participate in the CBSC.  It outlines broadcaster associates’ responsibilities and provides detailed information about the CBSC process.  The sections relevant to loggers are as follows:

Responsibilities of Participation in CBSC

Broadcasters who become CBSC Broadcaster Associates agree to:

[…]

i) keep official logger files/recordings of challenged broadcasts and provide those recordings to the CBSC when requested

[…]

Logger Files

What are Logger Files?

Logger files are copies of exactly what was broadcast.  The CBSC sometimes also calls them “logger tapes”, “logger recordings”, “loggers” or similar variations.

Logger files contain everything that was broadcast, including the program itself as well as any commercials, bumpers, promotional spots, viewer advisories, classification icons, etc.  Television loggers also often contain a time code somewhere on the screen that indicates the precise time at which the content was aired.  Screener tapes, unedited footage, edit packs or other incomplete copies of the broadcast are not the equivalent of loggers because they do not contain everything exactly as it was broadcast.  The CBSC requires official logger files for its review purposes, but it does accept other versions of the content if the loggers are really no longer available.  In such circumstances, however, the CBSC might find a broadcaster in violation of its Broadcaster Associate responsibilities for failing to retain and provide official logger copies.

Logger File Retention Time Period

Both CRTC regulations and CBSC Broadcaster Associate responsibilities require conventional radio, conventional television, and discretionary television stations to keep official logger files of all their programming for 28 days following the broadcast.  […]

CBSC Requests to Broadcasters to Conserve Loggers

When the CBSC receives a Code-Relevant and Specific complaint […], the first thing the CBSC does is send a written message to the Logger Contact person at the station, with copies to any other people designated as Contacts for that station, asking the station to hold the loggers of the broadcast(s) in question.  Broadcasters should conserve the entire broadcastregardless of how long it is, unless the complaint is about a clearly distinct segment broadcast within a much longer program.  The CBSC requires the entire broadcast for its review because the context of the content is very important in its assessment of a complaint.  Also, the CBSC can examine the whole broadcast in light of all broadcast codes, not just the specific concerns raised in the complaint.

[…]

The station must confirm in writingto the CBSC that the loggers have been retained and will, therefore, not be recycled or destroyed. The station should send this written confirmation within five (5) business daysand definitely before the 28-day logger retention period has expired.

Broadcasters must preserve loggers for longer than 28 days when requested by the CBSC.  Broadcasters must continue to preserve the loggers until the CBSC tells themthe loggers can be destroyed.  Because the CBSC process takes time, it can be months before a broadcaster receives notice from the CBSC that any loggers held pursuant to complaints are no longer needed.

[…]

Unavailability of Logger Files

Both CRTC regulations and CBSC Broadcaster Associate responsibilities require conventional radio, conventional television, and discretionary television stations to keep official logger files of all their programming for 28 days following the broadcast.  It is 60 days for satellite radio providers.

There are various reasons that logger files might be unavailable within the required time period:  a broadcaster cannot find the logger files when the CBSC first asks for the loggers to be preserved; a broadcaster cannot find the preserved loggers once the CBSC asks for them to actually be sent to it; or a broadcaster realizes that the logger files do not contain the programming that it actually intended to preserve for the CBSC complaint.  This unavailability could be the result of human error, misunderstanding or technological failure.

If the official loggers are not available for the CBSC’s review, the CBSC requests from the broadcaster alternate versions of or information about the broadcast, such as screener tapes, raw footage, written transcripts or the like so that the CBSC has at least some indication of what was broadcast. The provision of this information may allow the CBSC to rule on the actual substance of the complaint.  It is possible that no other documents of this sort are available, in which case, the CBSC will not be able to rule on the substance of the complaint.

In either case, the CBSC assesses the broadcaster’s failure to conserve loggers as required by CBSC Broadcaster Associate responsibilities.  The CBSC has stated in previous decisions that the obligation to conserve loggers upon CBSC request is an obligation of result, not one of best efforts.  The CBSC has the ability to find a breach of Associate responsibilities for failure to conserve loggers and has done so in previous decisions.  Alternatively, the CBSC might issue just a warning in this regard, depending on the circumstances.

The Panel Adjudicators read all of the correspondence.  The Panel concludes that HIFI breached its responsibilities of participation in the CBSC by failing to provide adequate loggers upon request.

The question put to the Panel was:

Did the broadcaster breach its responsibility of CBSC participation to provide logger files of challenged programming by providing three-minute clips of the programs instead of the full programs?

The subject complaint involves 22 different broadcasts on HIFI including feature films, dramatic programs, and one reality program.  This was a very detailed complaint as it included precise times and detailed descriptions for each of the instances that were of concern.

Some of the programs presently at issue were considered in a previous CBSC decision HIFI re 10 000 BC, The Mechanic and Trailer Park Boys (CBSC Decision 16/17-0474, August 9, 2017). In that case, the Panel concluded that HIFI had breached certain provisions of the Canadian Association of Broadcastsers’ (CAB) Violence Code and the CAB Code of Ethics. The broadcaster in the context of that particular complaint did provide all the necessary loggers as required by the CBSC Broadcaster Associates Manual.

In its response to the present complaint, HIFI recognized that the issues raised by the complainant had in fact occurred and that it had “moved all airings of these programs to post-watershed (which takes place between 9 p.m. ET and 6 a.m. ET); ensured that all disclaimers are now running for the appropriate period of time; and made certain that everything currently airing on HIFI is rated correctly.”

In its response, the broadcaster also explained that there were gaps in its internal workflow and systems that led to these issues and that they had “implemented additional measures to ensure that incidents like this do not occur again.” It also stated that it “would air a public apology on HIFI on air and on its website to address your feedback and proactively acknowledge these incidents.”  This apology was never aired as the broadcaster decided later to hold off until receiving further instructions from the CBSC.

With regards to the provision of all the necessary loggers for the present complaint, the request to retain loggers for all broadcasts from May 18 and later should have been fulfilled by HIFI as these were all within the 28-day logger retention period.  Although HIFI initially confirmed that it had secured the subject loggers that were within the 28-day retention period and later (pursuant to the filing of the Ruling Request) that it was uploading the necessary loggers, it subsequently provided to the CBSC 51 video files, each containing a three-minute segment showing only the precise moments mentioned by the complainant.  To provide 3 minute logger segments, the broadcaster would have had to review each of the 22 full program logger files to identify the precise portions of the program identified by the complainant.  This would have been a tedious and very time-consuming exercise.

The loggers provided were inadequate as the CBSC could not assess whether all appropriate advisories or ratings were used and in some cases the file contained the wrong clip.  Had complete loggers been provided, the CBSC Panel could have determined with the appropriate context whether all of the issues raised did in fact constitute a breach of a code.  But such an evaluation was impossible in the circumstances.

The Panel considers that the CBSC Broadcaster Associates Manual is both clear and unequivocal on what constitutes a logger file and the reasons why the CBSC requests broadcasters to conserve such loggers.

The CBSC Broadcaster Associates Manual states as follows:

Broadcasters should conserve the entire broadcast regardless of how long it is, unless the complaint is about a clearly distinct segment broadcast within a much longer program.  The CBSC requires the entire broadcast for its review because the context of the content is very important in its assessment of a complaint.  Also, the CBSC can examine the whole broadcast in light of all broadcast codes, not just the specific concerns raised in the complaint.

[…]

Broadcasters must preserve loggers for longer than 28 days when requested by the CBSC. Broadcasters must continue to preserve the loggers until the CBSC tells them the loggers can be destroyed. Because the CBSC process takes time, it can be months before a broadcaster receives notice from the CBSC that any loggers held pursuant to complaints are no longer needed.

On the issue of what constitutes “clearly distinct broadcast segment” it applies when the surrounding material has nothing to do with the challenged content such as a news report within a newscast, a song broadcast during a music show or a discrete segment within a four-hour radio show.  It does not mean the one scene in which a character uses coarse language in a two-hour movie.

Accordingly, HIFI’s failure to provide the full loggers as required under the CBSC Broadcaster Associates Manual means that the CBSC Panel was not able to conduct a full review of the complaint and ensure that the entire broadcasts met all applicable broadcast codes. The fact that HIFI admits that the issues identified by the complainant had in fact occurred does not obviate their requirement to provide adequate loggers.

In fact, HIFI recognized its failure to provide adequate loggers for CBSC purposes but did not offer any justifications for its failure.  Given that in a previous complaint HIFI did meet its logger requirements the Panel can see no justification for HIFI’s failure to do so in present circumstances. Proper resolution of complaints require that broadcasters meet at a minimum their logger requirements.  This is fundamental to the CBSC process.

In a previous decision on the broadcaster’s responsibility to provide logger files of challenged programming the CBSC stated that:

It is clear that the standard of the CBSC in this regard is no more or less stringent than to which the broadcaster must adhere as a part of his responsibility under the Broadcasting Act and Regulations.  There was no justifiable explanation proffered by the broadcaster for the loss of the tapes, whose retention ought to have been viewed as a matter of considerable responsibility for it.[1]

Finally, HIFI recognized its deficiencies in its response to the complainant and stated it would do so on air but later decided to wait.  The CBSC believes that quick recognition of the validity of a complaint encourages a positive outcome to the complaints process. If a broadcaster recognizes that it has not met broadcast standards and states that it will apologize on air then it should do so expeditiously.  It does not require the CBSC to first rule on the complaint.

Broadcaster Responsiveness

In all CBSC decisions, the Panels assess the broadcaster’s response to the complainant.  The broadcaster need not agree with the complainant’s position, but it must respond in a courteous, thoughtful and thorough manner.  In this case, HIFI in its responses, met its obligation to respond adequately to the complaint.  The broadcaster having fulfilled its obligations of responsiveness and, subject to the announcement of this decision, nothing further is required on this occasion.

DECISION ANNOUNCEMENT

HIFI is required to:  1) announce the decision, in the following terms, once during prime time within three days following the release of this decision and once more within seven days following the release of this decision between 3:00 pm and 5:00 pm (ET), but not on the same day as the first mandated announcement; 2) within the fourteen days following the broadcasts of the announcements, to provide written confirmation of the airing of the statement to the complainant who filed the Ruling Request; and 3) at that time, to provide the CBSC with a copy of that written confirmation and with air check copies of the broadcasts of the two announcements which must be made by HIFI.

The Canadian Broadcast Standards Council has found that HIFI breached one of its responsibilities of participation in the CBSC.  HIFI did not provide adequate loggers of its programming pursuant to a complaint submitted to the CBSC that involved twenty-two separate broadcasts.  This failure prevented the CBSC from conducting a full assessment of the entire broadcasts in light of all broadcast codes.

This decision is a public document upon its release by the Canadian Broadcast Standards Council.

[1]CJSB-AM reThe Wendy Daniels Show (CBSC Decision 92/93-0219, February 15, 1994).

APPENDIX

The Complaint & Initial Correspondence

The CBSC received the following complaint via its webform on June 6, 2018:

Date of Program:    2018/05/14, 2018/05/15, 2018/05/17, 2018/05/18, 2018/05/21, 2018/05/22, 2018/05/23, 2018/05/24, 2018/05/25, 2018/05/27, 2018/05/28, 2018/05/29, 2018/05/30

Time of Program:   various

Specific Concern:    ___The Mechanic___

2018/05/14 9:00–10:30pm

2018/05/14 11:30pm–1:00am

2018/05/15 3:00–4:30pm

_________________________

___The Beach___

2018/05/17 9:00–11:00pm

2018/05/18 12:00–2:00am

2018/05/18 3:00–5:00pm

_________________________

___1408___

2018/05/21 9:00–11:00pm

2018/05/22 12:00–2:00am

2018/05/22 3:00–5:00pm

__________________________

___Outlander___

2018/05/22 9:00–11:00pm

The rating of PG appearing at the start is likely too low because the broadcast contains:

The rating icon changes from PG at the start to 14+ at around 10:07pm.

2018/05/23 12:00–2:00am

2018/05/23 3:00–5:00pm

G icon at start. PG icon at around 4:06pm.

The violence is likely too strong for a G rating. Don’t know if the language is too strong for a G rating.

____________________________

___Hostel___

2018/05/24 9:00–10:34pm

PG at start, 14+ at around 10:08pm

No viewer advisory after commercial break at 9:48pm. Some of the scenes of violence such as around 10:07pm and 10:31pm might even be strong enough to require at least an 18+ rating.

2018/05/24 11:30pm–1:04am

PG at start, 14+ at around 12:38am

No viewer advisory after commercial break at 12:18am.

Some of the scenes of violence such as around 12:37am and 1:01am might even be strong enough to require at least an 18+ rating.

2018/05/25 1:30–3:05am

PG at start, 14+ at around 2:29

No viewer advisory after commercial break at 2:18am some of the scenes of violence such as around 2:37am and 3:00am might require at least an 18+ rating icon.

_________________________________

___Shoot ‘Em Up___

2018/05/27 3:00–4:30pm

no viewer advisory after commercial break. PG age rating likely too low for the scenes of violence and sexuality

___________________________________

___Precious___

2018/05/29 9:00–11:00pm

no viewer advisory after commercial break at around 10:04pm.

The rating changes from PG at the start to 14+ at around 10:04pm.

2018/05/30 12:00–2:00am

The rating icon appears only once at the start.

2018/05/30 3:00–5:00pm

The f-word and its variants appear at least 25 times at around:

________________________________

___The Island with Bear Grylls___

2018/05/22 8:00–9:00pm

No viewer advisory mentioning coarse language.

_____________________________

___Kill Bill: Vol. 2___

2018/05/21 3:00–5:10pm

Rating icon changes from 14+ at the start to PG at around 4:03pm ___________________________________

___Trailer Park Boys: Out of the Park: Europe___

2018/05/20 11:16–11:45pm

2018/05/28 1:57–2:30am

The G rating is too low.

Television or Radio Station:        HIFI

Program Name:      The Mechanic, The Beach, 1408, Outlander, Hostel, Shoot ‘Em Up, Precious, The Island with Bear Grylls, Kill Bill: Vol. 2, Trailer Park Boys: Out of the Park: Europe

Although the complaint was submitted on June 6, the CBSC did not process it until June 14 because it was in the midst of a staff restructuring.  By this time, the 28-day logger retention period had expired for the broadcasts of May 14, 15 and 17, but all broadcasts from May 18 and later should have been available.

On June 14, the CBSC sent its customary request to the broadcaster asking it to conserve the loggers:

Can you please confirm that you have the loggers with various broadcasts (see attached).

We do realize there are numerous complaints which is why we have created the attached spreadsheet for you.

Please let me know if you have any questions.

Later on June 14, HIFI replied with the following message:

We are preserving all of the loggers.

The complainant wrote again on June 20 providing additional timesfor instances of content that concerned him, but no new dates:

Subject: Adding More Details to HIFI Complaint Sent via Webform on 2018/06/06 1:10am ET

___Kill Bill: Vol. 2___

The F-word and its derivatives appear at least 7 times around

3:19pm (in the background after a man says “baby”),

4:20pm,

4:20pm (when she grabs the sink),

4:20pm (when she grabs/throws the mirror),

4:20pm (when a woman picks up a sword),

4:20pm (after she says “I’ll get you”),

4:20pm (when a woman walks down the steps).

___The Island with Bear Grylls___

The F-word and its derivatives appear at least 3 times around

8:13pm,

8:30pm (after a man jumps),

8:52pm (a man says “[f-word] yeah”] while they are cheering).

Other possible time it appears includes

8:19pm (after a woman says “tap”),

8:46pm (in the background after a man says “of a fall”),

8:51pm (in the background after a man says “knowing” but before he says “the time was up”).

___The Mechanic___

The F-word also appears 2 times around 3:28pm.

___Precious___

A variation of the f-word also appears around 4:07pm (while a person is walking outside). A group of people spells a variation of the f-word at around 3:58pm which appears in the closed captioning as the f-word with dashes between the letters.

HIFI wrote again on June 28:

I just wanted to let you know that we have finished our review of all of [the complainant]’s complaints, but should flag to you that the tapes for The Mechanic and The Beach were no longer in house when you reached out to us on June 14.  The airings took place between May 14-18 and surpassed the 28 days required for us to keep them in house. We no longer have access to them and are unable to confirm the feedback.

That said, we are formulating our response regarding the remaining complaints and plan to submit that to you next week. Can you confirm that you have received this?

The CBSC replied to that email on July 4:

Hope you are well.  Acknowledging receipt of your e-mail.

Just a note that loggers from the broadcast from May 18th technically should have been available until June 15th.  However, there are plenty of other loggers available for this complaint.

Broadcaster Response

HIFI sent its official response to the complainant on July 11:

Thank you for reaching out to us about your concerns regarding the content of HIFI’s programming.  We appreciate you taking the time to bring them to our attention and apologize if the content of these programs has upset you in any way.

We have reviewed HIFI’s logger tapes during the dates and times for the programs you have flagged with the Canadian Broadcasting Standards Council (CBSC).  In regards to our recent airings of Kill Bill, 1408, Outlander, Hostel, Shoot ‘Em Up, Precious, Trailer Park Boys: Out of the Park and The Island with Bear Grylls, we can confirm the issues you raised did occur.

Since receiving your most recent complaint, we have been working hard to ensure that all of our programming on HIFI meets the standards of the CBSC and expectations of our viewers.  We have moved all airings of these programs to post-watershed (which takes place between 9 p.m. ET and 6 a.m. ET); ensured that all disclaimers are now running for the appropriate period of time; and made certain that everything currently airing on HIFI is rated correctly.  We thank you for your patience as we addressed the gaps in our internal workflow and systems leading to these issues.  We’ve since implemented additional measures to ensure that incidents like this do not occur again.

Again, Mr. [complainant], we would like to extend a sincere apology for the oversights you have brought to our attention.  Taking this one step further, we will undertake to air a public apology on HIFI on-air and on its website to address your feedback and proactively acknowledge these incidents.

We hope that we have been able to address all of your concerns today.  If you have any further questions or feedback regarding the content that you see on any of Blue Ant Media’s channels, we encourage you to contact us at feedback@blueantmedia.com for a direct response.

Additional Correspondence

The complainant filled out the Ruling Request form on the CBSC website on July 25.  Other than filling out the required fields re name, file number and date of broadcaster response, he did not provide any additional comments.

On August 7, the CBSC sent its customary message to the broadcaster asking it to send loggers of the challenged broadcasts, via uploading to a secure media sharing site:

The CBSC has received a Ruling Request for complaint file 20.1718-1790 regarding The Mechanic, The Beach, 1408 , Outlander, Hostel, Shoot ‘Em Up, Precious, The Island with Bear Grylls, Kill Bill Vol 2 & Trailer Park Boys broadcast on HIFI on May 14, 15, 17, 18, 21, 22, 23, 24, 25, 27, 28, 29 and 30 at multiple times.

The CBSC has determined that adjudication by a CBSC Panel is necessary in the circumstances so we ask that you send us one (1) digital copy of each official broadcast logger so that the CBSC can proceed with its review.

Please upload the broadcast to the CBSC’s [media sharing website].  Or, you may forward the requested copy of the logger to our street address […].

If you have any questions about our process, please don’t hesitate to be in touch by replying to this email, or by telephone at (###) ###-#### x ###.

The CBSC sent a second email right after that:

Further to the e-mail I’ve just sent, if an apology was aired could you please include that logger in the uploads as well.

On August 9, the CBSC received confirmation from the media sharing site that the files had been uploaded:

Loggers for 1408, Outlander, Hostel, Shoot ‘Em Up, Precious, The Island with Bear Grylls, Kill Bill Vol 2 & Trailer Park Boys can be found here.  Unfortunately, we do not have the logger tapes for The Mechanic and The Beach in-house as we received the complaint after the 28-day holding period. Please don’t hesitate to reach out if you have any questions.

HIFI wrote to the CBSC again on August 14:

Thank you for your email.

In providing you with an update: we have uploaded all logger tapes for 1408, Outlander, Hostel, Shoot ‘Em Up, Precious, The Island with Bear Grylls and Kill Bill Vol 2 into the portal as of last week.  We are still in the process of uploading Trailer Park Boys.  Just as a reminder, as I know [Blue Ant’s Senior Director, Global Communications] had communicated this to your team a few weeks ago, we no longer had logger tapes for The Mechanic or The Beach in-house at the time we received the complaint.

Please let me know if you have any questions.  We appreciate your patience as we work to add the last tapes into the portal.

On August 31, the CBSC received confirmation that the additional files had been uploaded.

On October 3, the CBSC Secretariat began its review of the loggers.  It discovered that the video files provided by HIFI did not contain the full broadcast of each program.  Rather, they were a series of three-minute segments showing only the precise moments mentioned by the complainant.

The CBSC therefore wrote to HIFI on October 3 requesting the full broadcasts:

Upon further review of the loggers that were sent to us on August 9th and 31st we realize that only a segment of each logger has been sent to us rather than the full date and time specified in the spreadsheet attached to correspondence (initial logger request) on June 14th.

We require the logger containing the full broadcasts on the dates and times given by the complainant. Please send these to us as soon as possible.

HIFI wrote back on October 4 indicating that the loggers were not available:

Thank you for your note. After touching base with the team, we have unfortunately come to the realization that we no longer have the full logger tapes in-house and that the partial clips are the best that we can provide at this juncture.  We would like to extend our most sincere apologies for the confusion here. We will ensure this does not happen again in the future.

If there is anything else we can do, please advise on next steps.

The broadcaster’s letter to the complainant indicated that it “will undertake to air a public apology on HIFI on-air and on its website to address your feedback and proactively acknowledge these incidents.” On October 11, the CBSC Secretariat requested a copy of this apology.  HIFI wrote back saying,

Thank you for your email and my apologies for any confusion here.  After the complainant requested a ruling from the CBSC, we decided to hold off on airing the apology until receiving further instruction from the CBSC.

Please feel free to advise on next steps.

On October 16, once the CBSC adjudication meeting had been scheduled, the CBSC invited HIFI to provide an final information it wished to for this file.  HIFI responded with the following:

Thanks for your note!

Just to confirm: is the sole purpose of the meeting on November 6 to determine whether the files provided by our team constituted adequate loggers for CBSC purposes or will the panel also be discussing the issues raised by [the complainant]?  If it is the former, we can confirm that the loggers provided were not adequate for CBSC purposes.  We have since clarified that when a request for logger tape(s) comes in from the CBSC, we are required to keep the full logger tape(s) and not just clips of specific offences cited by the complainant.

Hopefully this helps. Let us know if you need further clarification.

The CBSC Secretariat responded with the following on October 17:

The primary purpose of the November 6 meeting is to discuss the loggers HIFI provided for [the complainant]’s complaint.  The CBSC Panel might mention the other issues, particularly in light of HIFI’s admission that they did occur (in its letter of July 11) and the fact that HIFI had been found in breach of similar infractions in a previous decision (re The Mechanic, 10,000 BC and Trailer Park Boys), but the Panel will not be dealing with them in a detailed, point-by-point manner.

Nothing further is required from you at this point.  Following the meeting, the decision will be sent to you in late November or early December.