Ofcom
issued the following 'no sex warning' about 'free views' for
encrypted channels
In Broadcast Bulletin 95 (published 22
October 2007 ), Ofcom highlighted its concerns about compliance
by channels that transmit in the ‘adult’ section of the Sky
Electronic Programme Guide (‘EPG’). In that Bulletin, which made
specific reference in findings to ‘babe-style’ channels, Ofcom
also noted its serious concerns about some free-to-air content
on encrypted channels. The following findings are the result of
investigations into this area. In addition to the cases detailed
below, Ofcom has a number of other on-going investigations.
These concern both encrypted and unencrypted channels in the
‘adult’ section of the EPG. Some may result in consideration of
further regulatory action.
All providers of encrypted channels which also offer free-to-air
content should study the findings below carefully. Ofcom
strongly reminds all such channels that the broadcast of
sexually explicit material within free-to-air content is not
normally acceptable and that any breach of a similar nature by
an encrypted channel in future is likely to result in
consideration of further regulatory action. Providers of
‘babe-style’ channels should also take careful note of these
findings for the guidance they provide on compliance with Rules
1.2, 2.1 and 2.3 of the Code.
Red
Hot Amateur, 26 July 2007, 22:00
The Red Hot and Fantasy channels are shown in the ‘adult’
section of the Sky Electronic Programme Guide (‘EPG’) and
broadcast encrypted sexual material after 22:00 . The channels
also broadcast 10 minute free-to-air promotions each hour
between 22:00 and 00:00 - between encrypted material - which
promote content on the station encouraging viewers who are not
subscribers to sign up for the service.
A complaint stated that this channel showed full nudity and an
erect penis within its free-to-view promotion. The complainant
also said one of the female presenters encouraged viewers to
watch the dirtiest hardcore fucking ever shown on TV.
Ofcom noted that the material included various sequences
involving sexual activity, including a promotion called Rim
Junkies, which showed men and women having their buttocks
spread apart before their partners’ heads approached them from
behind, as if about to lick their anuses. There was also an
extremely brief image (of a half second or less) of a woman
masturbating a man with an erect penis. The language included
terms such as You’ll get nothing but hard fucking all night
and We’ve got women of all shapes and sizes getting
properly fucked.
Fantasy
1, 26 July 2007 , 21:30
A complainant said the channel showed full nudity and simulated
sex, with viewers being told women would be seen getting
“fucked”.
Ofcom noted that the material included various sequences
involving sexual activity, including one promotion called Man
Bitch, which appeared to showcase aggressive sexual
behaviour. It contained shots of men being stripped and ordered
to perform sexual tasks, including being approached from behind
by a woman with a strap-on dildo and, separately, a man being
ordered: Come lick me out, you bitch. The language also
included a woman in a promotion saying Fantasy. I’m dripping
with excitement and I’m Suzy, and you can see me getting
fucked good and hard on Fantasy.
In both the above cases, Ofcom asked the owner of the channels,
Portland Media Group to comment on how the content complied with
the following Code rules:
* Rule 1.2 (protection of under eighteens);
* Rule 2.1 (generally accepted standards); and
* Rule 2.3 (offensive material to be justified by content).
Portland said, in general, the content complained about was no
stronger than material that had been broadcast on the channels
for “over a decade”, without attracting regulatory interest. It
believed all of the material was appropriately scheduled bearing
in mind protection of under eighteens and that the content was
within generally accepted standards for free-to-air content
broadcast in the ‘adult’ section of the Sky EPG. Portland added
that it considered the material was justified by the context in
which it was broadcast.
Portland accepted that showing a brief image of a woman
masturbating a man with an erect penis would not generally be
acceptable for broadcast. It said this was an isolated incident
and the result of human error, as the image was so fleeting
(approximately a third or half a second in duration) that
the editor and compliance officer missed the material. Portland
apologised for this error.
The broadcaster defended the material within the Rim Junkies
segment. It commented that the sequence was edited together to
give an impression of a theme of programming common in the adult
genre. It said the sequence was fast paced and did not
actually feature any contact between any actor or actresses’
face and buttocks/anuses. It added the content did not show
any “‘spread leg’ shots or visible genitalia or anuses.
With regard to the Man Bitch sequence, Portland said it
was mindful that overly aggressive sexual behaviour is
potentially highly inappropriate. However it considered the
sequence did not contain any of the kind of sexual violence that
would cause viewers harm or offence. Portland said there was no
suggestion any of the performers were engaged – or even appeared
to be engaged – in non-consensual activities. It said the
promotion was for an encrypted fetish programme, where there is
dominant/submissive role-play which would be in line with
audience expectations on any adult channel, but that this was
fantasy-based material which did not depict or encourage sexual
violence towards non-consenting people.
Ofcom Decision
It is a requirement of the Code that content which is considered
to be ‘adult-sex’ material must be pin protected and encrypted
(Rule 1.24). In both these cases, Ofcom did not consider the
content complained of to be ‘adult- sex’ material. This decision
was reached taking all the relevant circumstances into account,
including the sexual explicitness and nature of the images
(including such factors as their length and editing) and
language, the purpose of broadcasting this material and the
overall context in which it was broadcast.
Red Hot Amateur, 26 July 2007 , 22:00
The offensive language was not particularly prominent and,
although it was scripted and pre-recorded material that was
presented by topless females, it appeared unlikely that it would
have exceeded viewers’ expectations of a channel found within
the ‘adult’ section of the EPG.
However, Ofcom was concerned about the content of the Rim
Junkies promotion. It repeatedly showed the same situation,
involving different couples: either a man or a woman had their
trousers or skirt removed by their partner, who then approached
the participant from behind to spread their bottom and put
his/her face between their open buttocks. While there was no
explicit nudity or actual contact between the actors’ faces and
the anuses of the other participants, the whole segment had a
graphic sexual element to it.
Ofcom concluded that it went beyond generally accepted standards
of what is acceptable to broadcast free-to-air, even in a
channel within the ‘adult’ section of the EPG and shown over an
hour after the watershed.
With regard to the brief image of masturbation (erect penis), we
acknowledge both the apology made by Portland and that such a
brief sequence could have been missed by a compliance officer.
However, the use of material potentially suitable for broadcast
only under encryption in promotional trails shown free-to-air
requires particular care, precisely to avoid the inclusion of
inappropriate material, however brief. We therefore found this
sequence, although extremely limited, had not complied with
generally accepted standards.
In summary, both the Rim Junkies promotion and the
promotion containing the image of male masturbation breached
Rules 2.1 and 2.3 of the Code.
Fantasy 1, 26 July 2007 , 21:30
The ‘background’ material in the information provision sections
showed images of each woman licking and touching the body of the
other and sucking and licking dildos. These ‘background’ images
in the promotions, in that they focused on the women’s bodies
and each woman fondling the other, were very sexually suggestive
and were in Ofcom’s view inappropriate to be broadcast at 21:30
(so soon after the 21:00 watershed). Additionally, the strong
language used in this self-promotion segment contained a very
strong sexual element which was inappropriate for broadcast at
21:30 . The licensee also failed to protect adequately
under-eighteens from potentially harmful and offensive sexually
explicit imagery and offensive language and was in breach of
Rule 1.2.
We take into account Portland ’s view that the Man Bitch
sequence showed dominant and submissive sexual behaviour rather
than aggressive sexual behaviour or allusions to sexual
violence. However, the sequence contained the overt use of
fetish accessories. Images also included a man and, separately,
a woman, approaching their partners from behind to spread the
cheeks of their buttocks and put his/her face between them. The
entire Man Bitch sequence was unacceptable for broadcast
on a free-to-view channel, even one located in the ‘adult’
section of the EPG. Considering the time the material was
broadcast, the Fantasy channel also failed to protect adequately
under-eighteens from potentially harmful or offensive material.
This sequence therefore breached Rules 1.2, 2.1 and 2.3.
18
Plus Movies promotion
British Sky Broadcasting, 29 August 2007, 22:00
18 Plus Movies is a pay-per-view encrypted film service operated
by British Sky Broadcasting which shows adult material of a
sexual nature, and is broadcast within the ‘adult’ sector of the
Sky electronic programme guide (“EPG”). Before these films are
broadcast late at night, a trail of different film clips is
broadcast without encryption. Ofcom received a complaint that
the content of the free-to-view trail broadcast on 29 August
2007 showed explicit sexual scenes.
Sky said that material was carefully edited to ensure it met
with Rule 2.3 and that it believed the content was in line with
viewer expectations on the promotional and other free-to-view
material available on other services in the ‘adult’ sector of
the EPG. In addition, it felt the name of the channel and the
clear warning given immediately before the complained of
material would have alerted viewers to the nature of the
material to be shown and minimised any potential offence.
However, in light of the complaint, and Ofcom’s general concerns
regarding free-to-view material in the ‘adult’ sector of the EPG
(communicated to Sky shortly after it had been informed of the
complaint), Sky removed the promotion featuring these trailers
from the service and it has not since been broadcast. In
addition, in response to Ofcom’s general concerns, Sky said it
is conducting a review of the content of its free-to-view
promotions on the channel.
Ofcom Decision
In this case Ofcom did not consider the content complained of to
be ‘adult- sex’ material as referred to in the Code. This
decision was reached taking all the relevant circumstances into
account, including the sexual explicitness and nature of the
images (including such factors as their length and editing) and
language, the purpose of broadcasting this material and the
overall context in which it was broadcast.
Ofcom notes the promotion was preceded by information which
alerted viewers to its sexual content and that it was broadcast
late in the evening on a channel within the ‘adult’ sector of
the EPG and it took these factors into account.
However, while the trailer lasted only one minute forty seconds,
it was shown on a loop between repeated listings information and
the warning. Therefore the chance that viewers could come across
the material unawares was increased.
The material itself consisted of a montage of brief sequences
where naked and semi-naked actors engaged in representations of
various sexual activities, including oral sex and intercourse.
This was interspersed with voiceover promoting the channel and
its content.
Ofcom accepts that a promotion for encrypted material within the
‘adult’ sector of the EPG will contain a certain amount of
sexual activity. Nevertheless, even though the individual shots
lasted no more than a few seconds, the trailer included a number
of portrayals of sexual intercourse which largely focused on the
actors’ bodies and shots of other sexual activity. Although not
very explicit, the frequency and nature of the images went
beyond what was acceptable free-to-air.
Breach of 2.1 and 2.3