The report, commissioned by ITV, judges that the broadcaster failed to take steps to inform viewers that the second part of the ceremony, broadcast after the ITN News from 23.05pm, was broadcast “as live”.
As a result, viewers were encouraged to vote for the People's Choice Award, and some did so, even though votes had already been counted and the award had already been presented.
“This issue was not identified until the filming of the "as live" part of the BCA 2005,” the report states. “Steps to avoid this issue at that stage could have been taken, but were not.”
However, the investigation failed to establish how or why Ant and Dec's Saturday Night Takeaway was wrongly announced as the winner of the People's Choice Award, when The Catherine Tate Show had attracted the most votes.
The report also notes that Robbie Williams agreed to present the award on the understanding that Ant and Dec's show was the winner.
However, because this award was based on the public vote, no such guarantee could definitely have been made.
The investigation concludes that the assurance was given to ensure Robbie Williams' attendance to present an award, but stops short of drawing a link between this and Ant and Dec wrongly being declared the winner.
“For the avoidance of doubt, there is no suggestion that Robbie Williams, Anthony McPartlin or Declan Donnelly were aware of any of these issues,” it adds.
The Olswang report has now been submitted to Ofcom, which will rule in due course.
Coverage of the awards was produced for the ITV Network by independent production company Michael Hurll Television.
ITV is not involved in Ofcom's ongoing formal investigation into this programme as Channel Television was the licensee responsible for the compliance of the programme and is the other party to this process.
ITV will announce its decision on the future transmission of the British Comedy Awards on ITV after Ofcom completes its investigation.
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