Ofcom
received complaints about the over explicit sexual nature of output
broadcast on TVX during both encrypted and free-to-air elements on 8
June 2007 from 22:00.
This was during a live ‘babe’ programme. The complaints, from competitor
broadcasters, suggested some of the encrypted output was equivalent to
material that would be classified as ‘R18’ by the BBFC
The encrypted material transmitted under PIN encryption on 8 June 2007
between 22.10 and 22.40 featured two naked female presenters engaging in
very explicit sexual acts. This included:
- frequent and prolonged masturbation, shown in close-up
- explicit scenes of oral sex
- explicitly depicted scenes of vaginal penetration by fingers and
dildos.
The ten minute free-to-air trailer transmitted immediately prior to the
encrypted output on the same night featured the same presenters. During
this section one of the ‘babes’ removed her knickers and was then
depicted in relative close up touching and being touched between her
legs. Labial detail was apparent.
Throughout, the ‘babes’ invited viewers to subscribe to the encrypted
service using explicit language, such as: …I can’t wait to bring my
head in between those luscious thighs and get sucking on that juicy
pussy!” and …If you wanna see me fucking this pussy I‘ve got all
kinds of toys…. that you can see me fucking Tiffany with…
The Licensee immediately accepted that part of the live programme
transmitted on 8 June 2007 from 22:10 breached Rule 1.25 of the Code
i.e. it was the equivalent of ‘R18’-rated material. The transmission of
content equivalent to BBFC-rated ‘R18’-rated material is not permitted
under Rule 1.25 of the Code.
Portland also accepted that the images broadcast during the free-to-air
promotional trailer were in breach of the Code. However, they did not
accept that the language during the free-to-air promotional trailer
breached the Code.
Ofcom concluded that the encrypted material was equivalent to ‘R18’
content because of the sexual explicitness detailed above. It therefore
recorded that the broadcast was in breach of Rule 1.25 of the Code.
Ofcom also decided that free-to-air material was so explicit, especially
the visual images, that it was ‘adult-sex’ material. Accordingly Rule
1.24 applied, which meant it should have been broadcast under
encryption. Since however this material was not protected by encryption
and other measures required by Rule 1.24, it contravened this Rule. In
view of this material being shown free-to-air, the Executive also
decided that it breached Rules 2.1 and 2.3. These require broadcasters
to protect viewers from material that is harmful or offensive and which
cannot be justified by the context.
In Ofcom’s view, the breaches were sufficiently serious that the case
should be referred to the Committee for consideration of a statutory
sanction of £25,000.
Except for the various mitigating factors, and in particular the swift
action to discipline the production staff responsible and improve
compliance, the Committee would have imposed a higher financial penalty.