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.

Karen Murphy of the Red, White & Blue pub in Portsmouth, has appealed against her conviction for screening Premiership football via Greek channel Nova Supersport.

But Lord Justice Stanley Burnton and Mr Justice Barling decided to refer the case to the European court.

The case against foreign satellite suppliers AV Station and QC Leisure has also been referred to Europe.

The written judgement said: If the geographical restriction is held to be unlawful, it may be difficult to see why the subscription charge exacted by BSkyB for its service (to which the Appellant did not subscribe) should be treated as ‘applicable’ to the Nova programme screened by the Appellant.

If it is not so applicable then the offence under s. 297(1) would not be established. This may need to be the subject of further argument depending on the outcome of the reference which we propose to make.

Section 297 (1) states that a programme has been received dishonestly with intent to avoid payment of any charge applicable.

Murphy’s lawyer Paul Dixon, of Molesworth Bright and Clegg, claimed it was a powerful judgement. The FA Premier League should immediately abandon its campaign of criminal prosecutions against honest, decent and hardworking publicans who purchase and use legitimate European satellite television decoder cards in their pubs.

However, a Premier League spokesman said the prosecutions would continue: The use of foreign satellite equipment has not been legitimised. Lord Justice Pumfrey's December judgment remains valid as does the use of section 297. It remains the case that Mrs Murphy has been found guilty of a criminal offence.

When the European Court has reached a decision the matter will then have to return to the High Court here for a decision after which it will be open to either side to mount appeals. The process could take up to two years.

Red Hot TV Trailer
Red Hot TV, 13 February 2008, 20.00 – 22.00

Red Hot TV is a subscription-based, i.e. encrypted, adult service. In common with most such services it is promoted with free-to-air trailers broadcast on a loop from 20.00 onwards.

Throughout a trailer, broadcast between 20.00 and 22.00, verbal and on-screen text references were made to the broadcaster’s websites www.redhottv.com and www.televisionx.com. From 20.00 verbal references to the websites were made primarily to encourage subscriptions to the broadcast service. However, the accompanying on-screen text reference to the websites remained on-screen for the majority of the trailer. Further, after 21.40 the trailer included several additional verbal references specifically promoting the “uncut” and “uncensored” content on the websites, in particular for Red Hot WebTV.

Ofcom received a complaint that the websites featured sexually explicit, “hardcore pornography" which could be readily viewed without registration to the websites.

Although this material was not broadcast on-air, Ofcom was concerned that it appeared on a website being promoted on the Red Hot TV trailer pre-watershed from 20.00.

Ofcom Decision

Red Hot TV promotes its websites within its licensed TV service as a means for viewers to subscribe to the service and to access previously broadcast programming and unedited versions of these programmes. Ofcom’s concern in this case was whether the content of these websites was suitable for promotion pre-watershed and whether the more explicit imagery was suitable at all to be promoted, even indirectly, on a licensed television service.

While the content of the websites is not in itself broadcast material, and therefore not subject to the requirements of the Code, any on-air references to the websites are clearly broadcast content. Such references must therefore comply with the Code.

However, when accessed – merely by clicking “enter” on the site’s front page – the two websites contained extremely explicit material (equivalent to BBFC ‘R18’-rated content). This did not require registration to view and could be seen by under-eighteens. Registration and credit card verification was only required if the user wished to download the material in full. The promotion on television of this website was therefore of serious concern to Ofcom.

Ofcom concluded that the inclusion of promotional references to a website containing highly explicit ‘adult’ material on a service regulated by Ofcom was a breach of the Code

Ofcom wishes to emphasise that it does not regulate the content of websites such as www.redhottv.com but that it does regulate on-air references to where such content may be found. It is therefore able to require a broadcaster to remove such a reference.

Further, and mindful that the trailer for Red Hot TV – and other ‘adult’ services’ trailers – is only available in the ‘adult’ section of the electronic programme guide (“EPG”), it is Ofcom’s view that references to a website for genuine subscription purposes, and not for the promotion of any other website content, may be an acceptable way to publicise a service that Ofcom requires to be encrypted. But where websites are used to enable subscription, the viewer should be taken directly to the relevant page(s) (otherwise Ofcom’s rules on the undue promotion of goods and services may be infringed) and the websites must not contain unprotected R18-standard material.

Therefore it is Ofcom’s view that any ‘adult’ websites promoted on an Ofcom licensed service, even those that take the viewer to a subscription-only page, should not be broadcast until after 21.00 post-watershed. In no circumstances may such websites contain unprotected R18 material if they are promoted on a licensed service. Appropriate protection will be, for example, the need to purchase access to the stronger material by using a credit card or similar means that allows an age check to be done.

In Breach.

TV censors Ofcom have fined Square 1 £175000 for a scene on a free to air babe channel. Square 1 operate the channel Smile TV which has since renamed to Blue Kiss TV.

Ofcom received a complaint about the explicit sexual nature of the content broadcast on Smile TV on 22 May 2007 at around 22.25. The complainant referred to shots in which a female presenter appeared to insert her fingers into her anus several times and masturbate for a number of minutes.

In the material complained of the presenter wore only a thong and appeared to carry out the actions described by the complainant. There were also prolonged shots of her lying on her back, with her legs wide apart in front of the camera, apparently masturbating through the thong. She also encouraged viewers to call her by saying, for example: Well, I tell you what, you’re not lasting a second tonight guys. Maybe it’s all my oil on my shaved minge…If you’d like to hear some explicit chat tonight, while you’re having a good old tommy tank… [rhyming slang for ‘wank’ – i.e. masturbation].

Ofcom concluded that the sexual content on the programme was so explicit and prolonged, particularly the visual images, that it was ’adult-sex’ material. This meant it fell within Rule 1.24 and accordingly should have been broadcast under encryption. The programme was not protected by encryption or in line with the other requirements of Rule 1.24 and therefore the broadcaster had breached Rule 1.24 of the Code.

Given that the material appeared on a free-to-air unencrypted channel, Ofcom also decided that it breached Rules 2.1 and 2.3 of the Code. 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.

For reference:

Rule 1.24: Premium subscription services and pay per view/night services may broadcast ‘adult-sex’ material between 2200 and 0530 provided that in addition to the other protections named above:

• there is a mandatory PIN protected encryption system, or other equivalent protection, that seeks satisfactorily to restrict access solely to those authorised to view
• and there are measures in place that ensure that the subscriber is an adult

Rule 2.1: Generally accepted standards must be 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 harmful and/or offensive material

Rule 2.3: In applying generally accepted standards broadcasters must ensure that material which may cause offence is justified by the context

Anti-terrorism investigators in Paris are probing threats against a leading French cable TV channel over pornographic films it airs that can be viewed in North Africa, a judicial official said.

Canal-Plus, France's first pay-TV channel, received letters from one or more people claiming to be Muslim and threatening to blow up its headquarters if it continues to broadcast once-a-month adult films, the official said.

Canal-Plus filed a legal complaint about the threats late last month, which prompted the anti-terrorist probe. No other details about the threats were available.

Canal-Plus and its sister channels show a range of programming, much of it family-friendly. It can be viewed via satellite in largely Muslim North Africa, where French is widely spoken.

As a new broadcaster in 1984, Canal-Plus introduced hardcore films on the first Saturday of the month to build its image as a more exciting alternative to France's traditional channels.

Pubs and bars fighting Sky's monopoly on Premiere League football coverage will get to air their complaints on a European stage.

A group of bar owners is fighting for the right to use overseas viewing cards to show Premiere League football games, which cost far less than Sky's commercial subscriptions.

Bar owners claim Sky's commercial subs are too costly, and claim Sky is operating a monopoly.

Sky and the FA Premiere League have prosecuted several bar owners recently, usually for using DigitAlb cards which cost less than one-tenth of a commercial subscription. The FA has also acted against importers of foreign satellite equipment and cards.

It's not illegal to use an overseas card for private viewing, but in a commercial premises it usually goes against the original terms an conditions of the subscription.

Chris Forrester, of Rapid TV News, said: The defendants in the case have argued that, under European single market rules, the FAPL is not entitled to stop the decoder cards being imported to the UK.

In the London High Court of Justice, Mr Justice Kitchin agreed to the defendants' request to have the case referred to the European Court of Justice. The judge told the Court that he tended to agree with the points of law argued by the defendants. A win for the pubs and bars would inevitably lead to a significant loss of income for BSkyB."

The French media authority CSA says it has written a letter to satellite operator Eutelsat demanding all necessary information about the seventy porn and adult channels that transmit over one of their satellites.

The regulator wants to identify all these broadcasters and their place of origin, apparently in a move to better control the channels.

The CSA wants to identify all such broadcasters and see if they operate with a proper broadcasting licence.

Lately, in some European countries there has been some uproar about the large number of adult channels available free to air on satellite.

The girls on the Sky babe channel, Babecast, announced on the 31st of May that this would be their last nightr.

And on the 1st June the channel was duly replaced by Bluekiss TV.

Ofcom have been turning the screws both in terms of prohibiting adult material on free to air channels and also proposing that they should not be allowed to become rolling adverts for premium rate numbers.

Early Bird
Turn On TV, 28 October 2007, 07:15 – 09:00

Turn On TV (now broadcasting as Tease Me) is a free-to-air unencrypted channel shown in the “adult section” of the Sky Electronic Programme Guide (“EPG”). It broadcasts programmes based on interactive chat services: viewers are invited to contact on-screen female presenters via premium rate telephony services (“PRS”).

A viewer complained that the presenter on the channel’s Early Bird programme broadcast in the early morning was shown rubbing her crotch over a pair of skimpy knickers and tweaking and blowing on her nipples to make them erect. The complainant objected that the presenter’s behaviour was unsuitable for the time of broadcast.

Ofcom Decision

Ofcom has repeatedly made clear its concerns about inappropriate, sexually explicit content being shown on “babe” channels whose programmes are based on interactive “adult” chat. Turn On TV has itself previously been found in breach of the Code for the inappropriate scheduling of sexual content (Ofcom Broadcast Bulletin issue number 85).

In this case, Ofcom considers that the actions of the presenter were not explicit. However, they were clearly sexual in nature and unsuitable for the time of broadcast. We note the broadcaster has taken certain remedial steps as a result of the complaint, but are concerned that at the time of these breaches it did not have sufficient procedures in place to satisfy itself that the material it transmitted was fully compliant with the Code.

Breach of Rules 1.3, 1.17 and 2.1

lWhat has happened to the free to air Triple X on Hispasat?

They went off air about a month ago with a caption saying they were suspending transmissions for about a month and now there appears to be very old westerns in their time slot after 23:30.

The Judge in the landmark High Court legal battle between the Premier League and foreign satellite suppliers QC Leisure and AV Station has retired to consider his verdict.

The Premier League is seeking a ban on importing, selling, hiring, advertising, installing and maintaining decoders.

The defendants deny breaking copyright law and claim that the attempt to stop them selling the decoder cards is in breach of the EC Treaty, which guarantees the right of free trade between member states.

It is not known when Mr Justice Kitchin will deliver his verdict.

Sex View, the European satellite hardcore service, have created a new subscription package. Sex View 4 Plus Smartcard.

This is a new "shrinked" Sex View package with only 4 channels in Viaccess or Irdeto for six months. Price ~ £50

The line-up of channels are:
- Sex View Info
- Sex View Extra
- Sex View 247
- Sex View DP

Presumably the same low bitrate video and audio quality, low budget indoor shooting content from the US and without a daily programming schedule.

The Ofrum blog is intended to give viewers of adult services available via Sky a chance to air their views and opinions about the treatment they receive Ofcom

From Billy on Ofrum

It is my opinion that media regulators, Ofcom, are doing everything in their power to bring to an end the broadcasting of pay-per-view and free-to-air adult channels, currently available through the adult section of Sky's EPG. However, because an outright ban is not an option, Ofcom have opted for a 'bullying' tactic by continually targeting these shows, often hitting them with hefty fines for even the mildest of offences. Meanwhile, mainstream channels that break similar regulations, often escape with little more than a warning.

Update: Blogged Off

The blog is already discontinued

The boss of a firm that supplied foreign satellite football systems to pubs has been given a 10-month suspended sentence.

Mark Elsdon of Digisales was also ordered to do 150 hours unpaid work and pay £6,000 costs at Caernarfon Crown Court.

In March, Elsdon pleaded guilty to four offences relating to breaches of the copyright and fraud act in a landmark case at Mold Crown Court.

Elsdon was the first supplier to be arrested back in July following a raid on his premises by Conwy police and trading standards.

He faced 18 counts of offences against the Copyright Designs & Patents Act, Fraud Act and attempting to pervert the course of justice.

Elsdon pleaded guilty to four specimen counts of supplying unauthorised ART (North African) decoder cards and four specimen counts of offering unauthorised Nova (Greek) decoder cards for sale for receiving Premier League football.

Judge Hughes told the court in March that the offences were serious and crossed the threshold for a custodial sentence.

The Premier League has launched a High Court action yesterday to ban cheap live televised matches. The League is seeking damages and an order to stop companies supplying equipment which enables British viewers to receive the games via a foreign broadcaster rather than the more expensive domestic broadcaster BSkyB.

James Mellor QC, representing the Premier League, told Mr Justice Kitchin at the London court: It is a good old-fashioned rip off. He said QC Leisure and AV Station are supplying domestic decoding cards from Greece and North Africa which allow British viewers access to broadcasting services to which they are not entitled. In this country you can watch Premiership football courtesy of Sky. You pay your Sky subscription.

He said that if publicans want to show the matches to customers, they have to pay a more expensive commercial subscription. If a publican takes a domestic Sky card and uses it to display Premiership football in his pub, he is obtaining unauthorised access. It is a breach of contract and a criminal offence. There have been upwards of 180 prosecutions of publicans who have used domestic Sky cards for commercial purposes.

The companies claim that European law allows the free movement of goods throughout the community and if the cards are available on the market, then they can be sold anywhere within the EC.

Mellor said the case is not about free movement of goods but about illegal infringement of copyright. It is about dealers making a fat profit. All they do is get hold of a foreign card and apply a substantial mark up of up to 100 per cent. They are just acting as a postal service. How do they get hold of these cards? They get them through deception.

He said the defendants provide false names and addresses in Greece and North Africa to apply for the cards. The cards cannot be sold outside the particular country where they are issued and when the authorised suppliers find out about the deception, the contracts are terminated and the service is switched off, he said.

The case is expected to last up to two weeks.

Babe channels featuring scantily clad women enticing viewers to call premium-rate phone lines will be forced out of business if new rules from Ofcom work as planned.

The communications regulator wants to crack down on the 17 “babe TV” channels, which can be found, free to watch, on the outer reaches of cable and satellite services.

It is part of an exercise to control television phone-ins, which were hit by a series of scandals last year. As mainstream broadcasters have already cut back on phone-ins, its principal impact is on unconventional broadcasters and channels such as Babe-station and Babeworld TV.

The new rules state that phone-ins can be used in programmes only whose primary purpose is editorial, such as Big Brother. The “babe” channels, which transmit only phone-line advertisements, can continue only if they opt to be governed by similar rules as home-shopping channels. This means they will be allowed to remain on air only if viewers have to enter a PIN to access the channel.

I must admit, it's come to something when Playboy One have even started digital fogging of the girls front bums. It's not even like they're doing open-leg stuff either. It would seem the merest glimpse of a wizard's sleeve is deemed likely to be harmful to us in some way.

But if that's the case, how come it'd be quite safe for us to view exactly the same kind of female anatomy on TV if it were shown in some arty European movie like Sex & Lucia or Beyond The Clouds?

It's all a load of utter bollox. We've all either got a vagina ourselves, have seen someone else's up close and personal, or failing that, emerged from one at the beginning of our lives, so what on earth is there to be so afraid of? It's time the people who decide what is acceptable to be shown on TV (AFTER the watershed, I might add) just fucking GREW UP!

Thanks to the narrow-minded fools at Tosscom... sorry, that should be Ofcom, the babe channels are currently about as dull as you can imagine. Several fines and warnings issued by the watchdogs mean that none of the channels are prepared to test the water anymore.

Night after night, these 'presenters' (and I use the term quite wrongly) sit there on their beds, trying their very best not to look bored, and failing miserably.

The producers of these shows shouldn't be too concerned, however, the girl's desperation is nothing compared to the viewer's.

Playboy One have just started blurring the pubes of the girls from Naked News.

Naked News is shown at 10pm and Playboy have been digitally blurring the pubes of some presenters (not all). It is a mystery as to which hairstyles offend the TV censors, Ofcom.

Playboy is shown free to air (or at least open to general entertainment subscribers) on UK satellite (and presumably cable). Ofcom have recently issued 3 statements restricting what can be shown on open TV.

First the censors whinged about the Babe Channels, then they banned erotic thrillers and softcore erotica from general film channels. And most lately, they have been whinging about the free view advertising segments on the adult subscription channels.

Ofcom's basic policy is that any material created with the intention of sexual arousal, however mild, is banned from open TV. And for those that pay subscriptions for PIN protected adult specialist channels, then all you get for your money is lame softcore.

The final part of licensee Karen Murphy’s foreign satellite football appeal will be heard on 25 and 26 June.

High Court judges will hear arguments on the legality of screening football in pubs using foreign satellite systems under European competition law.

Judges ruled against Murphy last December, saying the satellite signal was broadcast from England and the fee payable was to Sky and not Greek channel Nova.

But Murphy’s team were told they could argue their case under European competition law at a later date.

The cases are being prosecuted under the Copyright, Designs and Patents Act 1988, which centres on whether the publican dishonestly receives a programme provided from a place in the UK, with intent to avoid payment of any charge applicable to the reception of the programme.

The installers say that their clients are not avoiding making a payment because they are paying the European broadcasters - and in any case, have no charge to avoid since there is no UK broadcaster providing games live at 3pm on a Saturday.

A foreign satellite supplier has pleaded guilty to four offences relating to breaches of the copyright and fraud act in a landmark case at Mold Crown Court.

Mark Ronald Elsdon of foreign satellite supplier Digisales has been remanded on bail until 11 April for pre-sentence reports but Judge Mervyn Hughes warned a custodial sentence could be on the cards.

Elsdon was the first supplier to be arrested back in July following a raid on his premises by Conwy police and trading standards.

He faced 18 counts of offences against the Copyright Designs & Patents Act, Fraud Act and attempting to pervert the course of justice.

Elsdon pleaded guilty to four specimen counts of supplying unauthorised ART (North African) decoder cards and four specimen counts of offering unauthorised Nova (Greek) decoder cards for sale for receiving Premier League football.

Judge Hughes said it was extremely unfortunate and ill advised for Elsdon to have sought the advice of the European Satellite Television Association (Esta).

A Premier League spokesman said: This sends out a clear message to the trade that supplying cards as well as using them is illegal. It also confirms that Esta and its propaganda message should be disregarded.

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

Live XXX has re-appeared in Sky's satellite line up at channel 957.

Surely the channel will not feature any 'XXX' material whatsoever as restricted by Ofcom's censorial code.

Meanwhile HappyHourGirls has moved from channel from channel 887 to channel 956.