Notice
to Broadcasters re Babe Channels
In 2006, Ofcom wrote to broadcasters operating channels in the adult
section of Sky’s Electronic Programme Guide (EPG) that transmit
programmes based on viewer interaction with on-screen presenters (known
as babes). These channels, which are broadcast free-to-air without
encryption, invite viewers to contact the presenters via premium rate
telephony services (PRS). The letters were written because Ofcom had a
number of concerns about the material shown on the channels, including:
- the appropriateness of sexual content broadcast before the 21:00
watershed, including the promotion of premium rate services offering
adult chat
- the explicitness of sexual content broadcast after the watershed
- the promotion of premium rate services within programmes.
As a result of these letters and Ofcom investigations in 2006,
significant improvements were made to the daytime content on the
channels. However, concerns have remained about the degree of sexual
content broadcast after the 21:00 watershed as well as continued
problems relating to the promotion, within programmes, of PRS that
appear to contribute neither to the editorial of the programme nor meet
the definition of programme-related material.
The following Findings result from recent investigations in this area.
In addition to the cases detailed below, Ofcom has a number of other
on-going investigations, some of which may result in consideration of
further regulatory action. Due to Ofcom’s serious concerns about levels
of compliance in the ‘adult’ sector, by both ‘babe-style’ channels and
free-to-air content on encrypted channels, Ofcom is considering
amendments to the Code so as to require that all material transmitted in
the adult section of the EPG is protected by a mandatory PIN. Any such
proposals would be subject to a full public consultation.
Due to the serious nature of the Code and Licence breaches recorded in
this Bulletin concerning babe channels, Ofcom considered whether some of
these matters should be referred to the Content Sanctions Committee for
consideration of a statutory sanction. However, Ofcom has monitored the
output of babe channels in recent months and noted some significant
improvements in compliance after the watershed (e.g. there was less or
no very crude or explicit language or visual content). In view of the
remedial action taken by relevant broadcasters to improve compliance, we
decided against referring these matters to the Committee. Nevertheless,
any breach of a similar nature by a broadcaster of a babe channel in
future is likely to result in further regulatory action.
All providers of babe style channels should therefore study
carefully the findings
below
Get Lucky TV
Grandiose Limited, 6-7 March 2007, 23:00-01:00
Ofcom found that the broadcaster failed to adequately demonstrate that
the following services contributed to the editorial of the programme or
met the definition of Programme Related Material:
- the off-screen chat service
- the private text service
- the service that allowed viewers to submit photos to the channel.
Additionally, the promotion of the services that provided viewers with
photos of presenters was unduly prominent.
Breach of Rules 10.4 and 10.9
Lucky Star
Escape Channel Limited, 17 March 2007, 23:37 & 7 May 2007, 00:20
The recordings provided by Lucky Star, through their provider EBS, were
not adequate for Ofcom’s investigation. The condition in licences
obliging broadcasters to provide material as broadcast is a crucial one,
since Ofcom relies on it for evidence when investigating potential
breaches of the Code. The broadcaster’s failure to supply a recording of
adequate quality was a breach of its licence conditions. Breaches of
Rules 10.2, 10.3 and 10.9 Breach of Licence Condition 11
Star Bazaar
7/8 May 2007, 00:00-01:00
Ofcom judged that the promotion of the PRS within the programme was in
breach of the Code.
When judging what constitutes ‘adult-sex’ material, Ofcom guidance for
broadcasters takes account of definitions used by the BBFC for ‘sex
works at 18’. These are defined as: works… whose primary purpose is
sexual arousal or stimulation.
We consider that the actions of the presenters (e.g. masturbation) and
the explicit sexual language used demonstrated quite clearly that one of
the main aims of the programme was to arouse viewers sexually: there was
no other significant editorial context for the explicit images and
language. Such explicit material is suitable for broadcast only on
subscription/pay per view channels that have appropriate protection
mechanisms in place. The broadcast of the programme was contrary to
viewer expectations for a free-to-air unencrypted channel (albeit one
situated in the adult section of the EPG and broadcasting after the
21:00 watershed). The broadcast was inconsistent with the application of
generally accepted standards to ensure protection for viewers from
harmful and/or offence material.
Breach of Rules 1.24, 2.1, 2.3 and 10.9 Breach of Licence Condition 11
LivexxxBabes
17 April 2007, 21:00-01:00 & 18 April 2007, 21:00–01:00
Ofcom was particularly concerned by the sexual language and behaviour
used shortly after the 21:00 watershed. In view of the above matters,
the programme was in breach of Rule 1.3.
The content on 17 and 18 April exceeded generally accepted standards and
there was insufficient context to justify the potential offence. It was
therefore in breach of Rules 2.1 and 2.3.
Moreover, Ofcom considered that one of the primary purposes of the
sexual content broadcast on 18 April 2007 after 22:00, which included
highly explicit sexual language and prolonged scenes of vigorous
masturbation with a dildo, was sexual arousal or stimulation. This
content therefore in Ofcom’s opinion comprised ‘adult sex’ material and
its broadcast on an unencrypted channel was in breach of Rule 1.24.
For clarity, Ofcom considers that depictions of masturbation, simulated
or otherwise, are not appropriate for unencrypted broadcast unless there
is strong editorial justification. In this case, there was not
sufficient justification.
Breach of Rules 1.3, 1.24, 2.1 and 2.3