The BBC hand over a secretly recorded tape to the police. It shows senior BNP guys saying things like 'Islam is a wicked, vicious faith' and 'let's show these ethnics the door in 2004'.
The police and CPS prosecute. One trial fails to reach a verdict, so there's a second trial.
Channel 4 hand over a secretly recorded tape to the police. It shows senior Muslim clerics saying things like 'Christians and Jews are enemies of Muslims' and 'Take the homosexual man and throw him off the mountain'.
West Midland Police investigate the film - then investigate the film-makers and ask the CPS to consider prosecuting them for stirring up racial hatred.
The CPS was also asked by the police to consider whether a prosecution under the Public Order Act 1986 should be brought against Channel 4 for broadcasting a programme including material likely to stir up racial hatred. Miss David advised West Midlands Police that on the evidence available, there was insufficient evidence that racial hatred had been stirred up as a direct consequence of the programme. It would also be necessary to identify a key individual responsible for doing this together with an intent to stir up racial hatred, which was not possible.
West Midlands Police have taken account of this advice and explored options available to them and has now referred the matter to the broadcasting regulators Ofcom as a formal complaint.
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