The Sunday Telegraph reports concerns about the government funding documentaries to show their policies in a good light, including an ITV programme about police community support officers. It's a good story, but not a particularly good article:

The media watchdog Ofcom has disclosed that it had opened an investigation into one of the programmes

Is this just sloppy use of tenses, or has Ofcom given up its investigation?

The Sunday Telegraph established that the programmes appeared to break Ofcom’s broadcasting code by not making it clear that they were funded by the Home Office.

Is "established" really the right word here? Did it break the code or not?