I note that the vague terms "taste and decency" are still used. These are not
clear enough in my opinion. For example I believe most hard core porn is very tasteful,
and quite decent.
The effect of a proscription order, will be that the service is not allowed on a
"multiplex" or cable service. In the definition of cable
service, internet connections are specfically excluded. Note also that there is no mention
of people not being free to advertise the servce, or see it, if a proscription order is in
force. Also there is some mention of the fact that the service would have to be received
by means other than satellite see below...
From the explanations of the Bill:
Clause 235: Television multiplex services
References to any television multiplex service referred to in Part 1 of the Broadcasting
Act 1996 mean a service broadcast for general reception, otherwise than by satellite, so
as to be available to members of the public. This service shall provide, or be capable of
providing, two or more services which include at least one "relevant television
service" for simultaneous broadcast on the same frequency.
Clause 317: Proscription orders
Where OFCOM have notified the Secretary of State that a foreign television or sound
service repeatedly contains programmes with content that offends taste and decency,
incites crime or disorder or is offensive to public feeling, she may issue a proscription
order where she is satisfied that to do so is in the public interest and compatible with
the international obligations of the United Kingdom.
*The meaning of a foreign service is given in subsection (7) and broadly encompasses those
services which do not need to be licensed under the Broadcasting Acts 1990 and 1996 but
would be if they were provided in the United Kingdom or the provider fell within the
jurisdiction of the United Kingdom for the purposes of the Television without Frontiers
Directive.
Clause 318: Effect of proscription order
Any service prescribed by the Secretary of State in an order made under clause 317 cannot
be included in any multiplex service or any cable package service. The effect of
subsection (5) is that the provision of radio and/or television (or similar) services via
the internet will not constitute the provision of a cable package service.
Clause 319: Notification for enforcing proscription
Where OFCOM have reasonable grounds to believe that a service proscribed by an order made
under clause 317 is included in a multiplex service or cable package, they may notify the
multiplex service provider or cable packager accordingly and require that person to cease
including the proscribed service. OFCOM must give the notified provider at least 7 days to
comply with their request,
although he must cease to include the service within 7 days (if practicable). A notified
provider has a statutory duty to comply with OFCOM's request, failure to comply with which
may be enforceable in civil proceedings by OFCOM.
Clause 320: Penalties for contravention of notification under s.319
OFCOM may impose a penalty on any multiplex service provider or cable packager who
contravenes a requirement notified by OFCOM
under clause 319. Before imposing a penalty, OFCOM must give a multiplex service provider
or cable packager a reasonable opportunity to make representations. Any fine imposed must
be appropriate and proportionate to the contravention, and in any case may not exceed
£5,000 per day for each day that a multiplex service provider or cable packager includes
a proscribed service in contravention of a notification made under clause 319. The
Secretary of State may, by order, amend the maximum penalty set out in subsection (3).
Communications
Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provision
There are also some wording about expectations of the audience in the content section.
This surely means that subscribers to a sex service expect to see sex!
On program standards:
307 OFCOM’s standards code
- It shall be the duty of OFCOM to set, and from time to time to review and revise,
such standards for the content of programmes to be included in television and radio
services as appear to them best calculated to secure the standards objectives.
- The standards objectives are—
(a) that persons under the age of eighteen are protected;
(b) that material likely to encourage or to incite the commission of crime or to lead to
disorder is not included in television and radio services;
(c) that news included in television and radio services is presented with due impartiality
and that the impartiality requirements of section 308 are complied with;
(d) that news included in television and radio services is reported with due accuracy;
(e) that the proper degree of responsibility is exercised with respect to the content of
programmes which are religious programmes;
(f) that generally accepted standards are 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 offensive and harmful material;
(g) that the inclusion of unsuitable advertising in television and radio services is
prevented;
(h) that the unsuitable sponsorship of programmes included in television and radio
services is prevented;
(i) that there is no undue discrimination between advertisers who seek to have
advertisements included in television and radio services; and
(j) that there is no use of techniques which exploit the possibility of conveying a
message to viewers or listeners, or of otherwise influencing their minds, without their
being aware, or fully aware, of what has occurred.
- The standards set by OFCOM under this section must be contained in one or more
codes.
- In setting or revising any standards under this section, OFCOM must have regard, in
particular and to such extent as appears to them to be relevant to the securing of the
standards objectives, to each of the following matters—
(a) the degree of harm or offence likely to be caused by the inclusion of any particular
sort of material in programmes generally, or in programmes of a particular description;
(b) the likely size and composition of the potential audience for programmes included in
television and radio services generally, or in television and radio services of a
particular description;
(c) the likely expectation of the audience as to the nature of a programme’s content
and the extent to which the nature of a programme’s content can be brought to the
attention of potential members of the audience;
(d) the likelihood of persons who are unaware of the nature of a programme’s content
being unintentionally exposed, by their own
actions, to that content;
(e) the desirability of securing that the content of services identifies when there is a
change affecting the nature of a service that is being watched or listened to and, in
particular, a change that is relevant to the application of the standards set under this
section; and
(f) the desirability of maintaining the independence of editorial control
over programme content.
- OFCOM must ensure that the standards from time to time in force under this section
include—
(a) minimum standards applicable to all programmes included in television and radio
services; and
(b) such other standards applicable to particular descriptions of programmes, or of
television and radio services, as appear to them appropriate for securing the standards
objectives.
- Standards set to secure the standards objective specified in subsection (2)(e)
shall, in particular, contain provision designed to secure that religious programmes do
not involve—
(a) any improper exploitation of any susceptibilities of the audience for such a
programme; or
(b) any abusive treatment of the religious views and beliefs of those belonging to a
particular religion or religious denomination.
- In setting standards under this section, OFCOM must take account of such of the
international obligations of the United Kingdom as the Secretary of State may notify to
them for the purposes of this section.
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