BBC Scotland faces a fine of up to £250,000 as the broadcast regulator confirmed it had was investigating an SNP party political broadcast on which a farmer appeared without his knowledge.

Ofcom has confirmed that they are progressing the complaint as a "fairness and privacy" issue about the film which some have interpreted as support for the SNP's call for a second independence referendum.

John Shedden, of East Garleton Farm near Haddington, East Lothian took action saying he was "furious" after seeing the broadcast on BBC Scotland on October 12.

The Herald:

He says he was told in writing that the film would not be used for party political purposes and that it was meant to be a public information film about life in Scotland.

The filming took place at the farm on September 23, last year and it was nearly three weeks before Mr Shedden realised what he had taken part in.

The video was eventually removed from BBC iPlayer, and is no longer on the SNP’s official YouTube channel.

The Herald:

There are three clips of his farm in the two-and-a-half minute short film, including one in which he is seen sitting on bales of hay for a coffee break. It is understood the film was also shown at the SNP Conference.

It starts with a shot of a tractor on the farm and features a voice-over by a child saying: "Here come the heroes, the everyday miracle workers, whose feet keep on walking, making a difference week after week.

"Here are the builders, the fixers and growers and the ones who inspire, take risks and create. Here comes the future, full of hope, and ambition, always rushing to start living."

The Herald:

At one point there is a shot of a man looking over a balcony with a Yes sticker on the window as the child narrator states: “And here’s the believers for whom the question isn't if, but when." The film switches to footage of Mr Shedden.

The Herald:

The promo ends with a laughing First Minister Nicola Sturgeon high-fiving a child as the pair sit on a bench.

The Herald:

Although the company that produced it, Edinburgh-based Greenroom Films, admitted it was responsible for including Mr Shedden in the footage and apologised, it has emerged that it is BBC Scotland that could face sanctions over its transmission with a maximum financial penalty of £250,000.

Greenroom has said that while others had signed a release form to take part in the film, Mr Shedden had not and should not have been in the broadcast.

Ofcom has said that where a breach of its Broadcaster Code has resulted in the complainant's legitimate interests "being seriously damaged" they may direct the broadcast of a summary of their adjudication and "in the most serious cases" may consider imposing a statutory sanction such as a financial penalty.

The Herald:

Mr Shedden, who was given a fee of £550 for being filmed said: "My complaint was that this was to be non-political. We had a letter saying that it was definitely non-party political and it was just a snapshot of life in Scotland. It was a public information film. "I don't want to get into politics, but I am not an SNP supporter.

"It was a friend who phoned me up and said they see I am an SNP supporter, and I was a bit shocked.

"And when I saw it was a party political broadcast I wasn't very happy. A party political broadcast is not non-party political. "I don't know whether there was protocol not followed or whether there was a complete misunderstanding.

"Then it went on iPlayer for a while after that so I wasn't very happy about that."

BBC Scotland said it acknowledged the Ofcom investigation "and therefore it would be inappropriate to comment further at this stage".

SNP declined to comment, saying it was an issue between Ofcom and the BBC.

Source: An Independent Scotland YouTube