Noting the extended proscription powers in the EU's new broadcasting law
Thanks to IanG
In This clause seems to have gone under the radar in the EU's new Audio Visual Media law (AVMS).
Can I draw your attention to this part in
Two-step safeguard for receiving countries (Article 3 (2) – (5))
- if a country objects to the content in a foreign television broadcast which is wholly or mostly directed to it, it can use a
consultation procedure (cooperation procedure) to address the country of origin. The latter shall then issue a non-binding request for the broadcaster to comply with the stricter rules of the targeted country.
- if the broadcaster circumvents
these national rules, the objecting country can also - with the Commission's prior approval – take binding measures (circumvention procedure).
So folks, it would seem Ms Reding's work is done. Ofcom's quite illegal and rights
abusing Code will now apply to any Euro-based broadcaster with a majority of UK viewers/subscribers. Ofcom's jurisdiction now reaches the parts even Parliament, nay, even the High Court cannot reach.
Oh, and don't forget, the AVMS applies to
web-based TV-style On Demand services too, which likely means Ofcom will be disconnecting the UK from any website that feeds R18-type material into UK homes.
Whatever its reach, we have a situation where a completely unelected body with powers no
self-serving dictatorship would be complete without, enforcing a potentially unlawful code right across Europe.
Moreover, if you have chosen to subscribe to a foreign adult service specifically BECAUSE you cannot view what you want under Ofcom's
rules, Ofcom will now be able to cut you off or, indeed, force that channel only to supply what Ofcom alone have dictated can be viewed in the UK.
I believe it is NOW of paramount importance to force a Judicial Review of Ofcom's Code.
on Tv has merged with Inxworld. The new package consists of Redlight Premium , Free-X1 , Free-X-2, X-Dream TV, French Lover TV , & Dorcel TV (on 6 channel card only) on 11.411H. Cards that cover this package are being
branded as Elite Fusion 6 Viewing Cards.
Sex On TV Diamond is still transmitting but this is a Free To Air Promo channel so cannot be counted in the channel lineup.
For those of you that would like to see bobbing heads and strategically blocking pot plants in high definition, then you will be pleased to know that Penthouse are launching their softcore Penthouse HD channel in the UK in autumn.
For those of
you that like to see proper porn in High Definition then Penthouse will also be launching hardcore channels Penthouse HD1 and Penthouse HD2 in the rest of Europe
Anthony L. Previte, COO of FriendFinder Networks, who owns the Penthouse brand said:
"The name Penthouse is synonymous with the best adult content in the world. Early on, Penthouse saw the future of the HD market, making the transition of our production exclusively to HD in 2006. Together with PH Media and General Satellite, we're
poised to dominate the adult European broadcast market for years to come."
The hardcore channels will be available from September, and you can find them via the Eutelsat EUROBIRD 9 A at 9° East's satellite.
Ofcom have been fined Portland Enterprises Ltd £27,500 for showing a little hardcore female masturbation in a programme Bathroom Bitches on its softcore TVX 2 channel.
But BobB points out that something is going on between Ofcon and
the Satellite broadcasters! The program that supposedly breached the code, and attracted these fines, is still being regularly shown on TVX/Redhot (with no cuts from the original showing)
One would imagine that only an idiot would continue to
broadcast a program for which they have already been fined.
Shaun asks: I'd like to know who these morons are, that subscribe to the Sky platform's "porn" channels (if you can call them that) and then complain about the fact that what
they see on the screen is pornographic...
To be honest I care very little about the issue these days. The broadcasters are pandering to Ofcom instead of fighting their cause. Their subscribers are gullible into paying for such rubbish when
there's more adult material than ever available from all kind of sources online, and other satellites...
Ofcom, the adult broadcasters and the gullible subscribers all deserve each other really.
Ofcom have fined RHF Productions Ltd £25,000 for broadcasting the URLs of websites that feature hardcore teasers without an age verification mechanism. The softcore pay per view channels were broadcasting the links between 21 July 2008 and
28 August 2008.
Rule 1.2: In the provision of services, broadcasters must take all reasonable steps to protect people under eighteen
Rule 1.3: Children must also be protected by appropriate scheduling from material that is unsuitable for them
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
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, offensive language…[and] sex….
In Broadcast Bulletin 114 dated 21 July 2008, Ofcom published a breach Finding against RHF. Free-to-air trailers broadcast in February 2008 on Red Hot TV which included verbal and on-screen text references to RHF’s website address www.redhottv.co.uk
and Portland Enterprises’ website address www.televisionx.co.uk.
The websites to which the Website URLs led, featured content equivalent to BBFC R18-rated material which could be viewed without registration. As a result, it was the responsibility
of all Licensees (including RHF) to take all appropriate and immediate steps to comply with the Code.
On 14 August 2008, Ofcom were again alerted to the offending Website URLs. The Website URLs led to websites which, although they included a
warning on their front page, contained extremely explicit sexual material (equivalent to BBFC R18-rated material). This did not require registration to view and could be seen by under-eighteens.
On being contacted by Ofcom on 28 August 2008,
however, RHF took immediate steps to ensure the removal of the Website URLs from the Red Hot Channels. This was achieved on 28 August 2008.
Ofcom noted that whilst the content of the websites, to which the Website URLs led, was not broadcast
material, and therefore not subject to the Code, the on-air references to the Website URLs were clearly broadcast content and must comply with the Code. The on-air references to the Website URLs did not comply with the Code because they led users to
websites allowing unrestricted access to R18-rated equivalent material.
Television Not So X 2
Ofcom have fined Portland Enterprises Ltd £27,500 for showing a little hardcore female masturbation on its softcore TVX 2 channel.
Rule 1.25: BBFC R18-rated films or their equivalent must not be broadcast
Ofcom received a complaint that the programme Bathroom Bitches broadcast on Television X2 (TVX2) on 4 September 2008 at 21:53, although encrypted, contained R18 equivalent material. The Programme included prolonged and explicit scenes of a
woman masturbating, some of which were shown in close-up and depicted vaginal penetration using a dildo. Ofcom considered that the content broadcast was equivalent to BBFC R18-rated material because of the sexual explicitness detailed above.
Portland Compliance admitted the Code breach stating that:
Regrettably, the programme contained such footage [R18-rated equivalent material] . Ofcom therefore recorded a breach of Rule 1.25 (R18-rated equivalent material must not be broadcast) against Portland Enterprises for transmitting the Programme.
Ofcom considered that lthough encrypted, the equivalent of R18-rated material (namely images of actual vaginal penetration) has the potential to cause harm to under-eighteens and children in particular.
The grim economic outlook seems to be prompting a rise in the number of Italian viewers turning to porn on pay TV.
The number of folks shelling out to watch a pay-per-view hardcore porn pic on the 26 Hot Club channels beamed by Rupert Murdoch’s
Sky Italia satcaster has been growing lately, generating a hefty intake of some $2.6 million per week, according to financial daily Il Sole 24 Ore. The take is at least 10 times that of Sky’s regular on-demand movies.
One of the Silvio Berlusconi
government’s first measures was to introduce a 25% porno tax as part of a 2008 anticrisis bill to help replenish the country’s drying coffers.
Conto TV, a growing digital terrestrial on-demand paybox whose core business is porn,
took the tax in stride. It aired a cheeky spot urging Italians to contribute to saving the Italian economy by becoming customers.
The government made the porn tax appealing to the arts community by assuring the hard-hit Italian film
industry it would receive a portion of the revenue in the form of added film subsidies. But apparently, instead of forking over to the film industry some of the porn tax coin reaped in these first few months as promised, the government is pocketing the
entire roughly $80 million haul.
The TV censor, Ofcom has fined Playboy TV £22,500 in respect of their now defunct free to air Playboy One channel.
Ofcom have been gradually clamping down on free to air softcore over a series of decisions made over the last couple of years.
Unfortunately for Playboy One, Ofcom's new interpretation of the rules proved unviable for Playboy One and it closed in September 2008. It was replaced by the encrypted Paul Raymond TV service but Playboy say that the suffered losses both from a
drop in revenue and the loss of the opportunity to advertise encrypted adult services on a free to air channel.
Playboy argued that Ofcom were being unfair to have changed the rules such the softcore content generally unchallenged when Playboy One
started in 2005 had become verboten by 2007/8. But to to no avail. For whatever reason, Ofcom seem set on banning softcore from free to air channels and restricting into encrypted programming. Where of course customers are then disappointed because they
rightfully expect hardcore programming and get fobbed off with tame softcore.
Ofcom justify the fine with a hard line interpretation of their programme code:
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]: · 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 content 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 […]. Appropriate information should also be broadcast where it would assist in avoiding or minimising offence.
Ofcom received five complaints between September 2007 and January 2008 that
material broadcast free-to-air and un-encrypted on Playboy One featured explicit sexual content that was inappropriate on a free-to-airservice.
Ofcom investigated material transmitted on Playboy One in seven programmes:
· Jenna’s American Sex Star (26 September 2007, 23:35); · Adult Stars Close-up (27 September 2007, 00:35); · Blue Collar Babes (27 September 2007, 01:05); · Sexy Girls Next Door (27 September 2007, 02:00); · Sexy Urban Legends (29 November 2007, 23:00);
· Sex House (30 November 2007, 00:35); and · Sex Guides (9 December 2007, 03:30).
The broadcasts investigated included [softcore] sequences depicting masturbation, oral sex (both between women and between men and women),
clear labial detail, sexual intercourse, and full nudity. Some also included strong language, such as “fuck” and its derivatives and “cunt”, in an overtly sexual context.
Ofcom assessed the material broadcast between 23:00 and 03:30 on the dates
in question. It concluded that – depending on the individual breach - the explicitness, strength and/or sustained nature of the sexual content and language was unacceptable for broadcast on a free-to-air channel. The primary purpose of this material was
sexual stimulation. None had a sufficient and clear editorial context to justify its broadcast. It was considered to be ‘adult-sex’ material under Rule 1.24 and so should have been broadcast under encryption and in line with the other requirements of
‘Adult’ channels generally and ‘adult chat’ channels should be in no doubt of Ofcom’s concerns about the broadcast of sexual material which is too explicit. Should further such cases be considered for
sanction in future, the Committee will continue to regard them very seriously. If highly graphic sexual material is broadcast without editorial justification on a free-to-air channel even on a single occasion it can be a very serious breach of the Code.
The softcore Sky adult channel SportXXXBabes has given way to a new channel, Blue Tube .
Red Hot channels have been been renumbered as a consequence.
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