An organisation calling itself Cause for Justice has filed papers at the high court in Pretoria asking for a review of a decision by the Independent Communications Authority of South Africa (Icasa) to allow StarSat to offer three pornographic channels.
The organisation claims that in spite of overwhelming public opposition to the On Digital Media's application to broadcast the channels, the authority gave went ahead and gave it the nod anyway.
Cause for Justice says it has served
the application on Icasa, On Digital Media, Icasa chairman Stephen Mncube , On Digital Media business rescue practitioner Peter van den Steen and communications minister Yunus Carrim. It claims Icasa's decision should be set aside because the authority
took irrelevant considerations into account while ignoring relevant ones. It also argues that Icasa committed reviewable errors of law and did not follow a fair administrative process. In addition, the conclusions that Icasa reached were
not rationally connected to the reasons given or to the information before it.
A 24/7 porn channel called Dusk is popular with Dutch women seekingr porn made for them. In fact, the channel is so popular that the word it coined for porn for women, ' porna' has found its way into the local lexicon.
writing for Fast Company, notes that the channel has been designed to give its users the last say: Dusk is unique in more ways than one . All programming is decided by an open panel of women, dubbed the Dusk Panel.
With two thousand
active panel members, not everyone agrees on what should be on the schedule, but Schwartz points out that there are some common threads: Women want to see attractive 'normal' people (like porn star James Deen, for example) who look like they're
actually enjoying themselves. They look for extensive foreplay, nice scenery, good lighting and camera work, and sex that is explicit without being overly rough.
The majority of content is heterosexual, says Dusk co-founder Martijn Broersma,
who explains, There is a group of women that would like to see lesbian scenes, so we do air some of it. The majority would like to see straight, heterosexual sex.
Now according to Schwartz: Dusk is planning to launch on US cable TV in 2014,
perhaps as early as the first quarter.
South Africa's satellite service TopTV made a bit of a name for itself by getting permission to broadcast 3 sex channels including hardcore porn.
But the service got in financial troubles and has now effectively been taken over by China's StarTimes TV
conglomerate following a cash bail-out. TopTV is now renamed to StarSat.
StarSat's porn channels are already running although StarTimes are not publicising the fact.
Instead of the three sex channels applied for, and for which South
Africa's broadcasting regulator granted permission, two of the pornographic channels -- Private Spice and Playboy TV -- are already available in a separate sex TV package of R159 per month.
Although no mention is being made of the porno package in
press releases or marketing materials, the package is available to subscribers who call the call centre and request the porno bouquet specifically. It's not yet clear why the third applied for sex channel, Desire TV, is not available, and whether it
would be added later.
Babe Channels operated by Satellite Entertainment Ltd have closed down on Sky. The channels involved are:
Northern Birds (Sky Channel 935)
Essex Babes (936)
It seems that Satellite Entertainment Ltd has folded. But no doubt Ofcom's ludicrously censorial rules have meant that the channels weren't able to offer a service sufficiently sexy to entertain the viewers.
But no worries, just a few more
customers driven onto foreign hardcore services because of British extreme censorship. There will be no less porn being watched, just less money being made in Britain.
On Digital Media is relaunching TopTV as StarSat with the pornographic bouquet of sex channels from December in time for the consumer festive season.
The South African satellite pay-TV operator received permission from the South African broadcasting
regulator to broadcast pornographic TV channels at the end of April 2013 and will now start showing those from December when the TopTV brand is dumped for the new name StarSat.
The Playboy bouquet with an R18 rating supplied by Playboy TV UK /
Benelux Limited in England will run from 20:00 to 05:00 daily with three channels, Playboy TV and the hardcore Desire TV and Private Spice.
ExGirlfriends is a channel broadcasting on the digital satellite platform which transmits softcore adult sex material content from 22:00 until 05:30 with mandatory restricted access. For the remainder of the
time pre-recorded advertising content is shown without mandatory restricted access. The licence for this channel is owned by Playboy TV UK/Benelux Limited.
Ofcom received a complaint that softcore adult sex material was broadcast without the
required mandatory restricted access on the channel from 22:00 on 4 June 2013.
The service then played a clip without mandatory restricted access which lasted around five minutes. This featured a woman on a bed. At the beginning of the clip, she
was wearing a skirt and a top. During the sequence, she:
pulled up her skirt, presenting her buttocks towards the camera and also showed her genitals. She then moved her body as though to mime she was having sex;
rubbed her genital area through her knickers;
pulled up her top to reveal
her breasts and stroked her nipples while looking towards the camera;
removed her skirt, again positioning her buttocks towards the camera, and pulled aside her knickers to show her genitals and anus;
removed her underwear, with the
camera zooming in on her genitals and anus; and
removed her top, fully exposing her breasts, as she lay on her back, spread her legs, and rubbed her genital area.
Ofcom considered that the programme raised issues warranting investigation under Rule 1.18 of the Code, which states:
Adult sex material that contains images and/or language of a strong sexual nature which is
broadcast for the primary purpose of sexual arousal or stimulation must not be broadcast at any time other than between 2200 and 0530 on premium subscription services and pay per view/night services with mandatory restricted access...
Playboy TV said that this was an unfortunate and rare incident, resulting from a number of unprecedented changes at the company, such as a reduction in the number of its channels, restructuring, the relocation of staff overseas, and the outsourcing of
technical departments. The Licensee explained that new checks have been introduced to ensure listings are now correctly married to schedules prior to broadcast.
Ofcom Decision: Breach of Rule 1.18
Graphic images of a
woman taking off her clothes and masturbating, and close-up shots of her genital and anal areas were broadcast at 22:00. Ofcom considered this was clearly adult sex material , i.e. it contained images of a strong sexual nature which were broadcast
for the primary purpose of sexual arousal or stimulation. We noted the representations of the Licensee that this material was broadcast unencrypted as a result of human error, and that it has taken action to prevent such errors from happening again. The
content was however in breach of Rule 1.18.
Playboy TV Chat is a free to air babe channel. Viewers are invited to contact on-screen presenters via premium rate telephony services ( PRS ). The female presenters dress and behave
in a sexually provocative way while encouraging viewers to contact the PRS numbers.
The licence for this channel is owned by Playboy TV UK/Benelux Ltd.
Ofcom received a complaint that a female presenter was
simulating sex on the channel between 00:00 and 00:30.
Ofcom noted that during this time a sequence was shown in which the left hand side of the screen was filled by a door. The right hand side showed a table and a female
presenter, partially obscured by the door. The presenter was lying on the table, sometimes on her front and sometimes on her back, with the bottom half of her body hidden by the door but with the naked top half of her body visible to the viewer. The
presenter then simulated that she was having sex with an unseen partner behind the door. At one point, the female presenter knelt by the door and simulated that she was performing oral sex on an unseen man behind the door.
considered Rule 4.2 of the BCAP Code:
Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards.
Decision: Breach of Rule 4.2
On 4 February 2013, Ofcom published revised guidance on the advertising of telecommunications-based sexual entertainment services and PRS daytime chat services (the Guidance )1. The Guidance
sets out what Ofcom considers to be acceptable to broadcast on these services post-watershed2. Ofcom has also made clear in a number of published decisions the type of material that is unsuitable to be broadcast in adult chat advertising content
which is available without mandatory restricted access.
The Guidance states that broadcasters should at no time broadcast images of any real or simulated sex acts (these include vaginal or anal intercourse, masturbation,
fellatio or cunnilingus).
Between 00:00 and 00:30 the female presenter adopted a variety of sexual positions with the clear intention of making viewers think that she was having sex with an unseen partner who was behind the
door. The presenter was nude. For the most part she simulated that she was having sex by thrusting backwards and forwards while lying on the table. She also simulated that she was performing oral sex. At one point the impression was given that a man had
ejaculated onto her breasts.
Ofcom noted the Licensee's argument that the level of nudity was relatively low. However, in Ofcom's view the intention of the producer and the presenter was to give the impression to viewers that the
presenter was taking part in real sexual acts, which was clearly at odds with the Guidance. In Ofcom's view the broadcast of this material in adult chat advertising content was likely to cause serious or widespread offence against generally
accepted moral, social or cultural standards.
Ofcom noted the apology provided by the Licensee and the assurances given to Ofcom that this was a one-off error which would not occur again. However, this material was clearly in
breach of BCAP Code Rule 4.2.
Ofcom has recorded a number of breaches of the BCAP Code by this Licensee since we issued the Guidance. We are therefore requiring the Licensee to attend a meeting at Ofcom to discuss its compliance
The uncut version of 1970s porn film Deep Throat is to be screened for the first time in London's Soho ahead of the release of Lovelace, the biopic of its star Linda Lovelace.
The original film will be shown at the Curzon in
Shaftesbury Avenue in a private screening hosted by the adult TV station televisionx.com. The uncensored version of Deep Throat has never been shown in a mainstream Soho cinema before. Prior to the showing, a panel of experts will discuss the cultural
and social impact of the movie. Speakers include porn producer Anna Arrowsmith, film editor of Metro Larushka Isk, adult filmmaker Amory Peart, and the founder of the Erotic Film Society, JJ Marsh.
The uncut version was banned in the UK until 2000
when it received an R18 rating allowing it to be sold only in licensed sex shops or else viewed in a handful of licensed sex cinemas.
An horrendously cut, softcore version, of Deep Throat will be shown on Television X, available via Sky, cable and
digital TV. However subscribers will be able to watch the proper version on the Television X website.
TVX Programming director Chris Ratcliff said:
Before you see the film about the film, see the film. Deep
Throat broke many taboos and paved the way for the adult industry in terms of breaking into the mainstream. We want to celebrate this piece of work and get it out to a whole new audience.
Studio 66 TV Nights Studio 66 TV 3 (Channel 941), 5 March 2013, 00:20 to 00:30 Studio 66 TV Days Studio 66 TV 3 (Channel 941), 17 April 2013, 10:30 to 11:45 Studio 66 TV Nights Studio 66 TV 2 (Channel 938), 17 April 2013, 21:04 to 21:08
Studio 66 TV 2 and Studio 66 TV 3 channels are free to air babe channels owned and operated by the same licensee, 965 TV Ltd.
Ofcom cited examples from the above broadcasts:
Ofcom noted a female presenter wearing red shoes, a black thong, red bra and red fishnet tights. During the broadcast the presenter lay on her back with her legs open to
camera and repeatedly gyrated and thrust her hips as if to mime sexual intercourse. She held this position for a prolonged period. Her underwear did not adequately cover her anal area which was clearly visible during this broadcast.
A female presenter was initially shown lying face downwards and wearing a short black crop top that was covering some of her shoulders and breasts, and a pair of cutaway leopard print knickers, exposing the cheeks of her buttocks.
Ofcom noted that:
the presenter was shown repeatedly rocking her buttocks; and
at various times, the presenter adjusted her position so that her crop top did not fully cover the bottom half of her breasts
A female presenter was initially shown lying sideways facing the camera, with bare breasts except for her nipples being covered by a thin strip of black plastic tape. Another thin strip of black plastic tape had been stuck around
the presenter's stomach. The presenter's only other clothing was a skimpy pair of black knickers, with what appeared to be a black G-string worn underneath. While the presenter was lying on her side:
she was shown occasionally: rocking her body backwards and forwards; and at times touching her breasts, apparently to check to see if the plastic tape was adequately covering her nipples; and
the camera occasionally zoomed in and moved down the presenter's body.
At approximately 21:06 the presenter turned to lie on her front, thrusting and rocking her buttocks up and down. In this position, it was apparent that the presenter's knickers were cut away exposing the cheeks of her buttocks
BCAP Rule 32.3: Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for
BCAP Rule 4.2: Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards.
Ofcom Decision: Breach of Rules 32.3 and 4.2
The combination of these images and actions resulted in the material being of a strong sexual nature. Ofcom considered the broadcast included images that are not permitted in
adult chat broadcast advertisements that are freely available without mandatory restricted access. Ofcom found this material in breach of Rule 4.2 of the BCAP Code.
And when before the watershed or soon after the broadcasts were in breach
of BCAP Code Rule 32.3.
Given previous code breaches, Ofcom is requiring the Licensee to attend a meeting to discuss its compliance procedures.
Studio 66 Days Studio 66 TV 1 (Channel 912), 4 April 2013, 11:30 to 12:05
Studio 66 Days is a segment of free to air interactive daytime chat advertising content broadcast on the service Studio 66 TV 1 (Sky Channel
912). Viewers are invited to contact on-screen presenters via premium rate telephony services ( PRS ). All dress and behaviour should be non-sexual in tone and apparent intent.
The licence for Studio 66 TV 1 is owned and
operated by 914 TV Limited.
As part of its routine monitoring, Ofcom assessed some advertising content broadcast on 4 April 2013 between 11:30 and 12:05 featuring a female presenter. The presenter was wearing a low cut, black and
white spotted strapless one-piece, and shown lying on her side with her legs apart while thrusting her body backwards and forwards, and gyrating her hips. Ofcom further noted that:
on several occasions one of the presenter's nipples was partially exposed, due to the one-piece falling down. Furthermore, the presenter was shown repeatedly pulling the top of the one-piece up to ensure that her nipples were
from 11:42 to 11:45, the presenter switched position to lie on her back, with her legs apart, while she continued to gyrate her hips and thrusting backwards and forwards; and
at various times, the presenter caressed her inner thigh, breasts, and buttocks.
Ofcom considered Broadcasting Committee of Advertising Practice (BCAP) Rule 32.3, which states:
Relevant timing restrictions must be applied to advertisements that, through their content, might
harm or distress children of particular ages or that are otherwise unsuitable for them.
914 TV apologised for this incident. The Licensee said that: we agree that this piece of content fell short of complying
with both our own internal guidelines and Ofcom's published guidance regarding 'Daytime Chat' . The Licensee, however, made a number of representations by way of mitigation.
Ofcom Decision: Breach of rule 32.3
Ofcom noted that the female presenter was wearing clothing that did not adequately cover her body, in particular a one-piece which repeatedly slipped down to expose one of the presenter's nipples. While wearing this outfit, the
presenter acted in a sexualised manner: she was shown lying on her side for prolonged periods of time, her legs apart whilst thrusting her body backwards and forwards, and gyrating her hips (albeit away from camera), so as to mimic sexual intercourse.
She also caressed her breasts, inner thighs and buttocks in a sexually suggestive manner. Ofcom concluded that this material was unsuitable for children.
In view of earlier findings and subsequent guidance, Ofcom is very concerned
that 914 TV has again broadcast material that has breached Rule 32.3 of the BCAP Code. Given the Code breaches recorded in this Finding, Ofcom is requiring the Licensee to attend a meeting to discuss its compliance procedures.
Advertisements for products coming within the recognised character of pornography are permitted behind mandatory restricted access on adult entertainment channels only
finding, published on 4 March 2013 in Broadcast Bulletin issue 2253, Ofcom found that SEL was in breach of BCAP Code Rule 30.3 for the period 24 September 2012 to 8 February 2013 because throughout this period each of the SEL Licensed Services carried
continued and repeated broadcast of promotional references to the bluebird.tv website, which at the time of the Finding contained material within the recognised character of pornography.
Ofcom noted that the broadcast of an
advertisement, on channels without mandatory restricted access, for a website containing pornographic material is a serious breach of the BCAP Code. Ofcom was particularly concerned that the Licensee in these instances broadcast the advertisement for
extended periods both during daytime and immediately after the watershed when children were available to view (some unaccompanied). Ofcom therefore put the Licensee on notice that it would consider the breaches for the imposition of a statutory sanction.
Ofcom observed that the Bluebird Films home page contained explicit pornographic material (equivalent to BBFC R18-rated content). Registration and age verification by means of credit card ownership was only required if the
user wished to become a member of a paid-for content service.
Ofcom decided that it is appropriate and proportionate in the circumstances to impose a financial penalty of £40,000 on the Licensee in respect of the breaches of
In April, the South African TV regulator ICASA announced that it had authorised Top TV to broadcast three adult channels Playboy TV, Desire TV and Private Spice. Programming will include both hardcore and softcore material.
organisation has now published a document explaining the reasoning behind the decision, and explaining why it overturned a previous decision to refuse a licence for the adult package.
Icasa said it is of the considered view that there is no
evidence to demonstrate that pornography is a direct cause of gender-based violence:
After due consideration, the Authority accepts that there is no law of general application prohibiting the production and
distribution of adult pornography in the Republic of South Africa.
The Authority also accepts that there is no conclusive evidence to demonstrate that pornography is the direct cause of gender-based violence in the Republic of
South Africa. Those opposing the applicant's channel authorisation application where not able to provide evidence to demonstrate a conclusive link between pornography and gender-based violence.
The applicant did present evidence
to demonstrate that the distribution of pornography is not indicated as a cause of gender-based violence in the Republic of South Africa.
Icasa said that the objectors who had indicated their opposition to applicant's application have
two forms of recourse:
They may approach Parliament to formulate a law of general application to prohibit the distribution of adult pornography; and
They can monitor applicant's broadcast of the pornographic channels to ascertain whether the applicant is in
compliance with the Code and make complaints to the BCCSA in this regard.
The launch of TopTV's porn channels is being delayed by the business rescue process the satellite pay-TV operator is currently undergoing.
The launch of TopTV's porn channels is being delayed by the business rescue process the satellite pay-TV operator is currently undergoing,
according to a report in the Sunday Times.
The paper quotes Peter van den Steen, On Digital Media's business rescue practitioner, as saying in an update to creditors last week that enacting the rescue plan was not straight-forward, making it was
taking longer than anticipated.
Christian and moralist groups are uniting behind a boycott of TopTV as the company seeks permission to broadcast three porn channels. Family Policy Institute director Errol Naidoo said:
[The] Family Policy Institute
(FPI), in partnership with several major Christian denominations in South Africa, has launched a nation-wide boycott of TopTV, its advertisers, and sponsors.
The Christian church is deeply concerned that the introduction of three
pornographic channels in South Africa will exacerbate the current crisis of rape and violence against vulnerable women and children.
Research overwhelmingly indicates the widespread and easy availability of pornography is harmful
For some reason Naidoo neglected to point out the scale of child abuse initiated by Christian clerics, and the resulting harm to society.
Christian churches that have joined the boycott are the Apostolic Faith
Mission of SA, Assemblies of God of SA, the Baptist Union of SA, the Southern African Catholic Bishops Conference, and Church of England in SA.
The Dutch Reformed Church, the Full Gospel Church of SA, the Methodist Church of Southern Africa, the
Evangelical Alliance of South Africa, and the Association of Vineyard Churches in SA have also committed to the boycott.
On Thursday, the Independent Communications Authority of SA (Icasa) heard an application by TopTV to broadcast the channels.
TopTV subscribers watching a sex channel on its proposed separate porn bouquet will have to stop and re-enter their PIN every 30 minutes.
In its application before the Independent Communications Authority of South Africa (Icasa), TopTV said that
viewers watching porn will have to re-enter their PIN after every 30 minutes as a safeguard against a sex channel being left unattended:
All Playboy channels will be configured with a preset time-out period (eg. 30
minutes) after which the PIN must be re-entered. This prevents the channel being left unattended for longer than the preset period.
TopTV has also said that their prepaid subscribers will not be able to gain access to it's bouquet of
porn channels, and that it will only be made available to contract subscribers.
Eddie Mbalo, the acting CEO of TopTV said:
We acknowledge that there is genuine public concern about the protection of children
from viewing adult TV content.
Even though we have strict mechanisms in place to give parents full control over the access to these channels, as an extra precaution we have made the decision not to broadcast adult material outside
the watershed period, when children are likely to be awake.
TopTV is currently arguing its case before Icasa for authorisation for channels to broadcast soft and hardcore porn in South Africa. TopTV wants to offer three porn channels
- Playboy TV, Desire TV and Private Spice - as a separate porn bouquet and with a rating classification of R18 which comes with its own PIN system.
Studio 66 Nights Studio 66 TV4 (Channel 927), 10 October 2012, 21:00 to 21:30
Studio 66 Nights is a segment of interactive adult chat advertising content broadcast on the licensed service known as Studio 66 TV4 (Sky Channel 927). The
female presenters dress and behave in a sexually provocative way while encouraging viewers to contact the PRS numbers. The licence for Studio 66 TV2 is owned and operated by 965 TV Ltd.
Ofcom received a complaint that content on this service,
broadcast between 21:00 and 21:30, contained explicit sexual images that were too strong to be shown at this time.
Ofcom noted that the advertising content featured a female presenter onscreen but, from approximately 21:07 onwards, the presenter
was replaced with an advertisement shown full screen for three minute uncensored videos , downloadable to a mobile phone. The advertisement, which was repeated three times comprised a series of short clips taken from these uncensored videos
, which included the following images:
full screen close ups of bare breasts being massaged with oil and rubbed together;
full screen close ups of a woman's buttocks being massaged with oil and cream and being slapped, and of women pulling down thongs between their buttocks;
two females kissing and touching each other's breasts and buttocks;
naked images of female presenters with their legs open or bending over to camera with a censored overlay placed on the genitals and anal area;
of presenters with hands or legs concealing the genital area; and
an image of a presenter pulling down her bikini pants with a censored overlay which only partially covered her genital area.
The clips were accompanied by advertising straplines including: get this filthy video ; xxx content and more ; and get this video uncensored . These images were also accompanied by shortcode numbers which viewers could text to
Ofcom considered BCAP Code Rule 30.3:
Advertisements for products coming within the recognised character of pornography are permitted behind mandatory restricted access on adult entertainment
965 TV explained that the onscreen promotional video containing the clips taken from the uncensored videos was broadcast as a result of two errors. The first related to the promotional content that was broadcast
and the other related to the product that was advertised.
Ofcom Decision: Breach of Rule 30.3
To assess the product being advertised, Ofcom sent a text message to a sample of the shortcodes shown onscreen with the same
number 899**. As a result, Ofcom was sent details of a URL which gave access to explicit video and explicit still images. Some of these images were in close up. Ofcom notes that the Licensee has stated this content could only have been received by a
handset which was age- verified by the mobile network operator. Indeed, Ofcom did receive a text message requesting age verification but we were still able to access the explicit sexual content without being required to provide any proof of age and this
would have also been the case had a person under the age of eighteen used an adult's mobile phone to call the onscreen shortcode.
In Ofcom's opinion, this explicit sexual material was clearly equivalent to adult sex material 6 or stronger
content such as that which would be given a British Board of Film Classification ( BBFC ) R18 rating. Both R18 equivalent content and adult sex material are clearly within the recognised character of pornography .
advertisement for this type of content is prohibited on a free-to-air service without mandatory restricted access.
Having reviewed the numerous onscreen images shown in this video promotion (which included: close-up images of bare breasts and
buttocks with oil, mud and cream being applied and massaged into bare skin and the women's nipples; women slapping their buttocks; and naked women touching and kissing one another intimately), Ofcom is of the view that this material broadcast as part of
an adult chat service would have breached BCAP Code Rule 32.3 if broadcast before 22:00 (as in this case), but, even if it had been broadcast after 22:00, it would potentially have been in breach of Rule 4.2.
Rule 32.3 states that:
Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children...or that are unsuitable for them.
Rule 4.2 states that:
Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards.
This is a serious breach of the BCAP Code. Ofcom therefore puts the Licensee on notice
that it is minded to consider a statutory sanction if there is any recurrence of this, or similar, compliance failings.
Breach of BCAP Code Rule 30.3
Ofcom also recorded a code breach for similar content on Studio 66 TV2 (Channel 938),
An Egyptian court has banned the belly dancing channel, Al-Tet.
The court banned the channel for supposedly broadcasting on satellite without a license, but presumably the authorities wouldn't have agreed a licence anyway. The court ruling
also accused the channel of airing provocative advertisements for sexual products and for facilitating escort-like services.
In May, the owner of Al-Tet, Baleegh Hamdi was arrested on suspicions of facilitating prostitution through his
channel, but was later released.
Studio 66 Nights Studio 66 TV 1 (912), 13 September 2012, 21:15 to 21:40
Studio 66 Nights is a segment on the babe channel Studio 66 TV 2 (Sky Channel 938). The female presenters dress and behave in a sexually provocative way
while encouraging viewers to contact the premium rate telephony services ( PRS ) numbers.
The licence for Studio 66 TV 1 is owned and operated by 965 TV Ltd.
Ofcom received a complaint that content
on this service, broadcast shortly after the watershed, contained sexual images that were too strong to be shown at this time.
Ofcom noted a female presenter on screen wearing a pink, sleeveless one-piece outfit. In addition, she
wore a white bra under the one-piece outfit and white high- heeled shoes. From around 21:15, and until at least 21:40, the presenter adopted various sexual positions: she sat with her legs open to camera; knelt facing away from the camera; and at various
points during the broadcast moved onto all fours with her legs apart and thrust her bare buttocks to mime sexual intercourse. We also noted that the camera focused on her crotch, at various points throughout the broadcast, for varying lengths of time,
while she adopted those positions.
For much of the time and when the presenter was talking to callers, the studio sound was muted and music was played over images of the presenter. However the presenter occasionally talked
directly to the audience to attract PRS calls and we noted the following statements were broadcast at 21:18 and 21:27 respectively:
Boys, come on you have got to do better than that, I want your filthy phone calls
right now. Like I always say boys, I'm here to be used, abused and absolutely annihilated by you. So let's do this, you sexy things.
Phil, where did you go? You sound like you know exactly how to work your way around a
woman's body...Come and tell me every dirty thing you want to do with me boys and I will tell you every fantasy that I have, every way that I want you to have me.
Ofcom considered BCAP Code Rule 32.3:
Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.
Ofcom Decision: Breach of Rule 32.3
Ofcom noted that between 21:15 and 21:40 the camera focussed on the presenter's crotch area when her legs were spread open to camera and when she knelt facing away from the
camera. In addition she stroked her breasts and inner thighs, adopted various sexual positions and repeatedly mimed sexual intercourse, such as: kneeling on all fours and thrusting her bare buttocks up and down; and kneeling upright and moving her body
up and down. The presenter also sat, sometimes for prolonged periods, with her legs open to camera, although her crotch area was obscured at times by the on-screen graphic showing the premium rate number. We noted that the presenter made the statements
at 21:18 and 21:27 set out above, when she was kneeling on all fours with her buttocks angled to camera and sat with her legs wide open to camera, respectively.
In Ofcom's view, these images, combined with the on-screen graphics
of women with bare breasts and the sexual language noted above used on occasions, resulted in the material being sexually provocative in nature. This behaviour and imagery is clearly prohibited by the Chat Service Guidance. Therefore Ofcom concluded that
this material was clearly unsuitable for children.
Elite Nights Studio 66 TV 2 (938), 15 July 2012, 03:00 to 03:55
Elite Nights is a segment on the babe channel Studio 66 TV 2 (Sky Channel 938). The female presenters dress and behave in a sexually provocative way while
encouraging viewers to contact the premium rate telephony services ( PRS ) numbers.
The licence for Studio 66 TV 2 is owned and operated by 965 TV Ltd.
Ofcom received a complaint that content on this
service, broadcast from 03:00, contained images that were inappropriate on a free-to-air service.
Ofcom noted there were two female presenters on screen at this time. The first female presenter was wearing black shoes, a pair of
yellow knickers with party all night printed on the back and a black top pulled down to expose her breasts. The second presenter was wearing a pink thong under a pink one-piece outfit, which was pulled down to reveal her breasts. During the
broadcast the presenters stroked each other's thighs, buttocks, stomachs and breasts. They also adopted sexual positions, such as on all fours with their buttocks to camera and also lying side by side with their legs intertwined, and while in these
positions mimed sexual intercourse, sometimes for quite prolonged periods.
Ofcom also noted that while the female presenters filled most of the screen there were graphics on the right of the screen showing still images of women,
all of whom were topless and in some cases naked, although their genitals were obscured. These images were accompanied by short code numbers which viewers could text to receive pictures and video content of the women, for example TXT XXX to 899** and
TEXT FERNANDA TO 899** . In the bottom left-hand corner of the screen we noted there were graphics that were text only, such as FILTHIEST X RATED VID OF THE MONTH! TEXT JULY TO 899** , and TEXT BABE TO 899** .
Ofcom considered BCAP Code rules:
Rule 4.2: Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards.
Rule 30.3: Advertisements for products coming within the
recognised character of pornography are permitted behind mandatory restricted access on adult entertainment channels only.
On 27 July 2011, Ofcom published revised rules on the advertising of telecommunications-based sexual entertainment services and PRS daytime
chat services. For example the rules explicitly state that adult chat broadcasters should:
[T]ake particular care if two or more presenters appear together on screen. If there is any contact between the
presenters of an erotic or sexual nature (for example kissing, stroking, or contact between thighs, breasts or genital areas) or any miming or simulation of a sexual act performed by one presenter on another, in Ofcom's view there is a high risk of
causing serious or widespread offence against generally accepted standards.
The still graphics included in these advertisements comprised still images of women, all
of whom were topless and in some cases naked. In addition, the on-screen graphics were accompanied by text which included: FILTHIEST X RATED VID OF THE MONTH! TEXT JULY TO 899** and TXT XXX to 899** . This in Ofcom's view clearly indicated
to the viewer that if they texted the relevant word or term to the on-screen short code number they would be provided with access to explicit adult material.
To assess the product being advertised, Ofcom sent a text message to a
short code shown on-screen. As a result Ofcom was sent details of a URL which gave access to explicit video images of a female masturbating. Some of these images were in close- up. Further, although we received a text message requesting age verification,
we were able to access the explicit sexual content without being required to provide any proof of age. We noted the Licensee's argument that viewers would only have been able to obtain the video clips and images if their handset had been age-verified by
the relevant mobile network operator. However, we considered this did not remove or weaken the duty on the Licensee to ensure that the products advertised on this channel were acceptable on a free-to-air service. In Ofcom's opinion this explicit sexual
material was clearly equivalent to that which would be given a British Board of Film Classification ( BBFC ) R185 rating. Both R18 equivalent content and adult sex material 6 are clearly within the recognised character of pornography
Therefore any advertisement for this type of content was prohibited on a free-to-air service without mandatory restricted access, regardless of whether the images featured in the on-screen advertisement were edited or masked in
an effort to make them non-explicit and suitable for broadcast on a freely available service or whether handsets to which the clips were downloadable had been age-verified by the relevant mobile network operator.
Rule 1.18 of the
Broadcasting Code makes clear in giving the meaning of mandatory restricted access that this must consist of a PIN protected system (or other equivalent protection) which cannot be removed by the user, that restricts access solely to those
authorised to view [i.e. adults] . As Ofcom's assessment of the on-screen promotions demonstrated (see above), we were able to freely access the explicit sexual content which was being advertised without being required to provide any proof of age.
These advertisements for products within the recognised character of pornography were therefore shown on these channels without mandatory restricted access as required by Rule 30.3 of the BCAP Code.
Advertising for pornographic
content is not suitable for broadcast at any time on any interactive adult chat service available free-to-air, regardless of the type of images broadcast as part of the advertising content.
Note to Broadcasters Re Adult chat and daytime chat services
Ofcom guidance clearly sets out what Ofcom considers to be acceptable to broadcast on daytime and adult chat services, both pre- and post-watershed. Ofcom has also made
clear to licensees in numerous published decisions what sort of material is unsuitable in daytime or adult chat advertising content broadcast without mandatory restricted access.
Recent assessments and investigations by Ofcom into
complaints about daytime and adult chat services have highlighted three areas which cause concern. Ofcom has therefore decided to amend the existing guidance to daytime and adult chat broadcasters to take account of these issues. The revised guidance
link is effective immediately.
Ofcom requires daytime and adult chat broadcasters to take careful note of the following three points in particular, which are reflected in the amended guidance:
Presenters' clothing on daytime chat services
During daytime chat content, all dress and behaviour should be non-sexual in tone and apparent intent. Therefore presenters should wear clothing that adequately covers their bodies (in
particular their breasts, genital areas and buttocks. Presenters should not wear revealing underwear, swimwear, gym wear or fetish clothing (for example nurse, secretary or police officer outfits);
The watershed is at 9pm and adult chat advertising is acceptable between 9pm and 5.30am only. Adult chat broadcasters should ensure that the transition to more adult material at 9pm, and from adult chat to daytime chat at 05:30am, is
not unduly abrupt; and
R18 and equivalent products
Under BCAP Code Rule 30.3, advertisements for R18 and equivalent products (such as websites, video content or images that contain R18 material or its
equivalent) are allowed on services with mandatory restricted access only. Ofcom has published on pages 53-59 and 60-66 of this Bulletin findings which illustrate how we apply BCAP Code Rule 30.3 and our interpretation of this rule regarding the
advertising of websites and products that fall within the recognised character of pornography.
Ofcom also formally notifies daytime and adult chat broadcasters that as a result our continuing concerns about the
compliance of material broadcast on these services with BCAP Code requirements, we are commencing a targeted monitoring exercise of all services broadcasting daytime and adult chat content.
Broadcasters are put on notice that any
serious or repeated failings in this area are likely to result in Ofcom taking further regulatory action, for example, the consideration of the imposition of statutory sanctions.
South Africa's TopTV has filed a new application with the country's TV censor, Independent Communications Authority of South Africa (ICASA), to launch three adult content channels on its pay TV satellite service.
Heather Kennedy, vice
president of marketing at Top TV, confirmed reports that the three channels in question are: Playboy TV, Desire TV, and Private Spice.
TopTV and On Digital Media (ODM) were previously banned from a similar 4 channel lineup after nutter opposition
chimed with influential politicians.
Among the reasons for ICASA's ban were that the right of women to equality and human dignity overrides TopTV's right to freedom of expression, as well as the rights of viewers to receive pornography on
television in the home.
The channel line up has now been modified and is now better set to appeal to women and couples so as to address the concerns of the TV censor. TopTV describes the channels as follows:
Playboy TV: a 24-hour erotic entertainment service starring the world's most beautiful women.
Desire TV: a brand-new, bespoke 24-hour adult service designed to appeal to men, women and couples. The service will showcase sensitive, erotic,
and sensual driven sex scenes. It will only contain content that celebrates women, the human form and the act of lovemaking.
Private Spice: a 24-hour adult service featuring beautiful women and stunning locations that sets the standard of adult