The TV censor Ofcom has fined Bang Channels Limited and Bang Media (London) Limited for the broadcast of free to air 'babe channel' programmes between June 2009 and November 2009,

Bang Channels Limited was fined for programmes on Tease Me, Tease Me 2, Tease Me 3. Bang Media (London) Limited  was fined for programmes on Tease Me TV For breaches of Ofcom's 2005 Broadcasting Code in respect of:

• Rule 1.3: Children must also be protected by appropriate scheduling from material that is unsuitable for them
• Rule 1.24: Premium subscription services and pay per view/night services may broadcast adult-sex. material between 2200 and 0530 provided that in addition to other protections mentioned above: . there is a mandatory PIN protected encryption system, or other equivalent protection, that seeks satisfactorily to restrict access solely to those authorised to view; and there are measures in place that ensure that the subscriber is an adult.
• Rule 2.1: Generally accepted standards must be applied to the contents of television and radio services so as to provide adequate protection for members of the public from the inclusion in such services of harmful and/or offensive material
• Rule 2.3: In applying generally accepted standards broadcasters must ensure that material which may cause offence is justified by the context…Such material may include, but is not limited to, …sex….

Having considered all facts and arguments put before it the Sanctions Committee deemed sanctions totalling £157,250 to be appropriate, the Committee wishes to emphasise that it views the broadcast of inappropriate explicit material – such as that forming the basis of this Decision – with the utmost seriousness. In this instance, the Committee concluded that the Licensees had been operating a wholly inadequate compliance system. The Committee considered this inadequate compliance to amount to manifest recklessness. This recklessness therefore informed the Committee's judgment of appropriate sanctions.

The Ofcom Executive investigated a number of programmes broadcast on the channels operated by the Licensees and found 13 programmes broadcast on channels operated by Bang Channels to have breached the Code and one programme broadcast on the channel operated by Bang Media to have breached the Code. The Ofcom Executive also found each of Bang Channels and Bang Media to have breached Licence Condition 11 of their respective licences by failing to provide forthwith full recordings of programmes upon request by Ofcom

In summary, the material found in breach related to unsuitable adult material, shown for the sole purpose of sexual stimulation. Some footage contained inappropriate explicit sexual imagery including intrusive images of, simulated masturbation and oral sex, genital and anal detail. In some cases, the material was considered to be of such strength that it was only suitable for transmission with mandatory restrictions (e.g. under PIN encryption). In one programme, in particular, the material was of such strength that it was considered to be equivalent of BBFC R18.7. 9.

There were further breaches relating to daytime chat. In these cases, the broadcaster transmitted material which was considered to be unsuitable for pre-watershed viewing in that the content was inappropriately and overtly sexual.

A German TV censor got some satisfaction when satellite operator Astra voluntarily shut off 30 hardcore pornography channels after protests from Germany's Commission for the Protection of Minors in the Media (KJM).

The channels were available unscrambled to Astra subscribers in Germany. According to the KJM, that violated German laws protecting minors from adult content on television. The KJM had no legal recourse, however, since Astra is based outside German jurisdiction in Luxembourg.

But after talks with the KJM, Astra agreed to voluntarily drop the hardcore channels from its German channel bouquets. The company also pledged it would not add any more unscrambled porn channels to its German service.

European courts are set to make a judgment on a landmark foreign satellite case in the spring of 2011.

The Morning Advertiser understands that once licensee Karen Murphy's appeal at the European Court of Justice is heard on 5 October, it will take until the spring for the judge to make his decision on how EU law should be implemented.

Murphy, of the Red, White & Blue in Portsmouth, was appealing against her conviction for screening Premiership football via Greek channel Nova Supersport. She first took up the case in June 2006.

The actual hearing is set for 5th October. From there, it will take a couple of months for an advocate general to return an independent opinion to the court, and the judge will consider this recommendation before returning his own judgment three to six months later.

It is then up to the High Court to apply the law, as defined by the EU, to Murphy's case, and reach its own conclusion.