Dipesh Gadher Media Correspondent
Win a trip to the Ice Hotel in Lapland
PANORAMA, the BBC’s flagship current affairs show, faces being sued for more than £1m by Britain’s richest doctor after a “biased and irresponsible” undercover investigation into his fertility clinics.
Mohamed Taranissi, a leading IVF expert who has helped mothers give birth to 2,300 babies in seven years, claims the programme made defamatory allegations about his techniques and has caused lasting damage to his professional reputation.
Last week Carter-Ruck, the libel lawyers, wrote to the BBC on behalf of Taranissi, signalling his intention to sue.
The doctor is seeking hundreds of thousands of pounds in damages, but the broadcaster will also have to foot his hefty legal costs if it loses the libel action. “We could be talking about an overall bill well in excess of £1m if the BBC decides to fight this all the way,” said an informed source.
Taranissi, 52, said: “If everybody presents me as the richest doctor [in Britain], earning all these millions, obviously anything that will come in compensation will have to match things like that.”
The legal wrangle is thought to be causing serious concern among BBC news executives, who used the IVF investigation to relaunch Panorama in its new Monday night slot on BBC1.
Although moving the programme from Sunday nights has added an extra 900,000 viewers, critics claim it has had to follow a more populist agenda to compete with Tonight with Trevor McDonald on ITV. It has also received heavyweight cross-promotion from other BBC outlets.
The Panorama investigation into Taranissi, broadcast in January, claimed that one of his central London clinics, the Assisted Reproduction and Gynaecology Centre (ARGC), offered “unnecessary and unproven” treatment to an undercover reporter posing as a patient.
The show, which was fronted by Kate Silverton, the BBC Breakfast and News 24 presenter, alleged that a 26-year-old journalist was offered IVF treatment costing thousands of pounds despite neither her, nor her partner, having any history of fertility problems.
One of the therapies offered involved a blood transfusion of a concentrated mix of human antibodies that one independent expert suggested could harm an unborn child.
The programme claimed Taranissi was running a second clinic, the Reproductive Genetics Institute (RGI), without a licence and was sending his older and harder-to-treat patients there to maintain a high success rate at the ARGC.
Taranissi, an Egyptian whose wealth is estimated at £38m, denies any wrongdoing. His supporters claim the Human Fertilisation and Embryology Authority (HFEA), the fertility watchdog, colluded with Panorama as part of a long-running “witch-hunt” to discredit him.
“The programme was biased and irresponsible,” Taranissi said. “I believe that Panorama had more information in their possession that was telling them that there was a different side and a different argument, but they chose not to use it. It’s not what I would have expected from the BBC.”
Taranissi claims that at least two other undercover reporters were sent to his clinics and given legitimate advice, but this was omitted by Panorama.
Police are now examining claims that the show’s researchers used fake GP referral letters to target Taranissi.
Officers from the Metropolitan police have taken a statement from Taranissi and are considering launching a formal investigation under the Forgery and Counterfeiting Act. Using a “false instrument” carries a maximum jail sentence of 10 years.
This weekend it emerged that Lord Winston, a leading fertility expert, was so concerned about the prospect of legal action from Taranissi that he only agreed to appear on the programme if he was indemnified.
Winston later wrote to Sandy Smith, Panorama’s editor, accusing him of conducting a “trial by television” and letting the HFEA “off the hook”. “I think by focusing on Taranissi in this way, Panorama rather lost the plot,” he said.
“What I was concerned about was the adequacy of the regulatory authority in general and I repeatedly made that point to the researchers. I wasn’t misquoted or misrepresented, but I do think that the focus was wrong and certainly not the focus I expected to see.”
The IVF investigation generated 150 complaints to the BBC, many of which came from Taranissi’s former patients.
Cheryl Hudson, a research fellow at Oxford University who has given birth to two sons since undergoing treatment at the ARGC, said: “Panorama was completely biased and absolutely outrageous in its claims against Mr Taranissi as some kind of manipulative doctor exploiting patients.”
Taranissi has already launched legal proceedings against the HFEA, which has admitted advising him to file reports detailing treatments at both of his clinics through only one of his centres.
A full hearing challenging the legality of search warrants used by the watchdog to raid his clinics on the day that Panorama broadcast its findings will take place in July.
The programme is sticking by its story. A BBC spokesman said that fake GP referrals were “justified” in the context of the undercover investigation.
Industry sectors news at a glance. Interactive heatmap, video and podcast
The inside track on current trends in the charity, not for profit and social enterprise sectors
Read our exclusive 100 Years of Fleming and Bond interactive timeline, packed with original Times articles and reviews
Everything the Business Traveller needs to know to make a better trip
Shortcuts to help you find sections and articles
05/2005
£13,500
08/2008
£109,950
2005 / 55
£59,500
Great car insurance deals online
£Excellent+ executive benefits
Torres and Partners
London
£49,229 - £62,035 pro rata
Charity Commission
London/Liverpool/Taunton
Alstom Power
Europe
Six Figure
Rolls Royce
Midlands/Europe
From £89,950
Special Offers now available
At the new sophisticated
Encore Las Vegas Resort!
Cruise the Islands of Hawaii - Pride of America
List your property with two leading travel websites
Great travel insurance deals online
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths
News International associated websites: Globrix | Property Finder | Milkround
Copyright 2008 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.
My wife and I successfully underwent fertility treatment at the ARGC last year. One thing that struck us during that time was the incredible attention to detail and the sheer number of hours that Mr Taranissi puts in to his practice and devotes to his patients. If he is indeed the richest doctor in England, he deserves it - he certainly works harder than any other consultant I have ever come across. The Panorama programme was at best tabloid trial by television and at worst misleading and irresponsible. It conveniently overlooked, for example, the fact that egg collections are performed every day of the week at the ARGC as are embryo transfers, rather than the all too common practice of scheduling these procedures to suit the clinic and doctors. The ARGC works to accommodate the individual needs of each patient and if the patient's body says the optimum time for one of these procedures is on a Sunday morning, so be it. Could this not be a contributing factor to it's high success rate?
DH, London, UK
Take a look at the full, unedited Panorama interview on www.argc.co.uk Why didn't Panorama show the answers provided in this interview? Perhaps the full story wouldn't have generated headlines?
Barry Walsh, Watford,
My wife and I underwent treatment at the ARGC. It worked. Friends that we made at the clinic, many of whom had gone through many cycles of treatment at other clinics without success, are now parents. The ARGC were very, very thorough and took a tailored approach to individual cases. They are in the business of getting people pregnant - they break down the process, undestand whats not working and address it. By 'professionalising' the process of getting pregnant they mitigate the liklihood of failure. Taranissi will win. Panorama has lost credibility by providing sensationalist tabloid journalism disguised as investigative journalism - all the worse for being made credible by the BBC. Perhaps Panorama could do an expose on itself - though it might risk being caught in a never-ending loop.
BPW, London,
I thought it was a fair and interesting program. More should be done to expose how the infertility industry preys on vulnerable couples.
AKK, LondonUK,
I have been a patient at the ARGC for 12 months, and we are very familiar with the clinic and how it operates. I was schocked at just how biased the BBC and its Panorama programme were.
One of the key things criticised was the use of IVIG which is recommended bnd used by one of the specialist panel who Panorama showed as sat in judgement against the ARGC - strangely they never mentioned that they used precisely the same treatment!
JLS, London, UK
Trial by television is an abhorrent distortion of justice. How the ethics of making misleading programs solely to gain ratings by shock factor has escaped scrutinty for so long is staggering. Maybe we need an undercover whistleblower to find how they make these programs, edit to mislead and con the public into thinking they are protecting consumers to redress the balance.
Mark Kay, Leeds, UK
Better not, might get sued
Kathy, Ormskirk,