Satellite X News

The Pad
Tease Me TV 2, 19 October 2010, 17:00 to 18:00

The Pad is a televised daytime interactive chat advertisement broadcast on the service Tease Me TV 2 (Sky channel number 902) under a licence held by Playboy TV UK/Benelux Limited. Playboy has compliance responsibility for all programmes broadcast on Tease Me TV 2 service, including The Pad.

Ofcom received a complaint about the above broadcast. The complainant was concerned that the female presenter.s breasts were exposed and she was adopting various sexual positions and behaving in a clearly overtly sexual manner. The complainant also said that the presenter was on all fours clearly simulating sexual intercourse and this content is clearly inappropriate for the time of day.

Ofcom noted that the female presenter was wearing a revealing pink dress, which at times exposed a considerable amount of her breasts, and which was cut down at the back to reveal her buttocks. Underneath she was not wearing a bra but did was wearing a pink thong. During the broadcast the presenter positioned her buttocks to camera, bent over on all fours with her legs wide open and lay on her side with her legs open. While in these positions she repeatedly gyrated and thrust her hips. The presenter also walked up to the camera to show her breasts in close up, repeatedly touched and stroked her breasts and buttocks, and jiggled her breasts.

Ofcom investigated under the BCAP advertising Code:

• Rule 4.2: Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards.
• Rule 32.3: Relevant timing restrictions must be applied to advertisements  that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.

Ofcom Decision: Breach of Rules 4.2 and 32.3

In Ofcom's view, the revealing clothing, and repeated actions and sexual positions of the presenter were intended to be sexually provocative in nature and the broadcast of such images was not suitable to advertise daytime chat and could not be justified by the context in which it was presented.

In light of this behaviour and imagery, Ofcom concluded that under BCAP Code Rule 32.3 the material during this daytime broadcast was clearly unsuitable for children.

We also concluded under BCAP Code Rule 4.2 that, given the nature and scheduling of the material, it would cause serious or widespread offence against generally accepted moral, social or cultural standards.

Recently in August 2010 Ofcom recorded a breach of the Broadcasting Code against Playboy for content broadcast on the service Tease Me TV 2. This finding stated that we will expect, in future, Playboy to have in place adequate compliance arrangements. Ofcom is therefore concerned that despite this previous guidance Playboy did not have adequate compliance arrangements and staff in place on this occasion to ensure that the material acquired from the third party producer was compliant with the relevant Code. Ofcom considers this breach of the BCAP Code a serious matter and should there be any similar contraventions, Ofcom will consider further regulatory action. 

Those services operating in the sector of daytime and adult chat should be aware that Ofcom will not tolerate repeated breaches of the Code in this area. Ofcom has serious concerns about industry compliance in this area and we will not hesitate to take appropriate enforcement action where necessary (which may include fines and revocation of licences).

Bluebird
LivexxxBabes, 5 October 2010, 13:20

LivexxxBabes is a free to air babe channel where sexy presenters try and entice viewers into premium rate phone chats.

In this particular broadcast on 5 October 2010 the female presenter smoked a cigarette heavily for a period of around three minutes, direct to camera and in close up.

Ofcom now censors babe channels according to advertising rules and in particular the Broadcast Code of Advertising Practice.

And in this case Ofcom considered:

• Rule: 10.3 (Advertisements must not promote smoking or the use of tobacco products.).

LivexxxBabes is run by SEL who said that the BCAP Code was an industry code of practice and not set in law and it questioned Ofcom's power to enforce the advertising industry's own voluntary code of self-regulation.

In response Ofcom explained that: under the Communications Act 2003 Ofcom is required to set advertising standards for the content of television programmes and that had Ofcom contracted out this function to BCAP, who in turn fulfilled this function in setting the BCAP Code; under a condition of their licences, licensees are required to observe the BCAP Code; and that Ofcom has powers to establish procedures for the handling and resolution of complaints about the observance of these standards.

Ofcom Decision: In breach

The Principle at the start of Section 10 of the BCAP Code (Prohibited categories) sets out that: Broadcast advertisements for some products…are not permitted either because those products may not be legally advertised or because of a clear potential for harm…to the audience or to society. BCAP Rule 10.3 states that advertisements must not promote smoking or the use of tobacco products.

Ofcom noted that this PRS-based daytime chat teleshopping programming featured a female presenter wearing skimpy lingerie and smoking heavily. The presenter was shown inhaling a cigarette and blowing smoke to the camera over a period of around three minutes. Ofcom noted that the smoking featured heavily in the broadcast at this time. The camera closed in on the presenter's face and showed her enjoyment of the inhalation and exhalation of the cigarette. However, in Ofcom's view: the advertisement's focus was clearly on the act of smoking and the female presenter's evident enjoyment of it; the prolonged and drawn out nature of the sequence promoted this activity as something desirable; and, the smoking was clearly intended to be an additional enticement to viewers to call in to this teleshopping channel.

In Ofcom's opinion this promoted smoking or the use of tobacco products in breach of Rule 10.3 of the BCAP Code.

Dirty Talk Live
Dirty Talk, 2 September 2010, 21:00 to 22:00

Dirty Talk Live is a free to air babe channel.

Ofcom received a complaint about alleged inappropriate adult content broadcast at various times between 21:00 and 22:00 on 2 September 2010. The complainant considered the presenter continually simulated both sexual intercourse and oral sex too soon after the watershed.

From 1 September 2010, daytime chat and adult sex chat broadcast services were no longer regulated under the Ofcom Broadcasting Code as editorial content but as long form advertising (teleshopping). However Ofcom has retained responsibility for regulation of daytime chat and adult sex chat services but under the Advertising Standards Authority BCAP Code.

Ofcom noted the presenter was wearing a basque, fishnet stockings, and a thong. On several occasions between 21:00 and 21:30 and throughout the remainder of the broadcast the presenter knelt on all fours with her buttocks pointing upwards and lay on her back with her legs open to camera. While in both of these positions she thrust her hips powerfully in a sexual manner so as to mimic sexual intercourse. Although fully clothed, she also stroked her breasts, lightly spanked her buttocks, opened her mouth in a sexual rather than flirtatious manner and mimed oral sex. Ofcom noted the images described above were shown very shortly after the 21:00 watershed, starting at 21:03.

Ofcom considered BCAP Code Rule:

• Rule 32.3 Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.

Ofcom Decision: Breach of BCAP Code Rule 32.3

In applying BCAP Code Rule 32.3 Ofcom had first to decide if the broadcast material was unsuitable for children. With regards to this broadcast, Ofcom noted that on a number of occasions between 21:00 and 21:30 (and as early as 21:03) the female presenter adopted sexually provocative positions - for example, kneeling on all fours with her buttocks in the air and thrusting heavily and gyrating her hips. She was also seen lying on her back for prolonged periods with her legs open to camera and thrusting her hips. Ofcom noted that whilst in this position the on-screen graphics obscured the presenter's genital area to some extent. In adopting these positions, in Ofcom's view, the presenter was mimicking sexual intercourse. In Ofcom's opinion, this material was clearly unsuitable for children.

Ofcom then went on to consider whether relevant timing restrictions had been applied to the material in question. Ofcom noted that this programme was broadcast on a channel without mandatory restricted access in the period immediately after the 21:00 watershed, which is in place to protect minors.

Ofcom then considered the likely expectations of the audience for programmes broadcast at this time of day on a channel without mandatory restricted access. In its opinion, viewers (and in particular parents) would not expect such material to be broadcast so soon after 21:00.

As regards timing restrictions for scheduling, Ofcom has made clear in numerous previous published findings that stronger material should appear later in the schedule and that the transition to more adult material should not be unduly abrupt at the 21:00 watershed. Ofcom therefore considered that the time of broadcast and the location of the channel were not sufficient to justify the broadcast of sexually provocative behaviour such as that included in this broadcast so soon after the 21:00 watershed.

Given the images described above were broadcast between 21:00 and 21:30, Ofcom considered relevant timing restrictions were not applied on this occasion to broadcast content which was unsuitable for children. This broadcast was therefore in breach of BCAP Code Rule 32.3.

Bluebird On Essex Birds

Essex Babes has again failed to provide programme recordings for Ofcom.

Ofcom has again found them in Breach of Licence Condition 11 (retention and production of recordings).

And Ofcom upped the ante on their warning:

As a result of the [previous] breach of licences recorded on 22 November 2010, the Licensee was put on notice that those contraventions of its licences were being considered for the imposition of a statutory sanction. These two further breaches of one of its licences will be added to the Licensee's compliance record and will be considered for sanction in addition to the breaches previously recorded.

Ofcom has banned four TV channels owned by Bang Channels and Bang Media following serious and repeated breaches of Ofcom's censorship rules in its Broadcasting Code.

The licensees have been revoked for the following services:

• Tease Me on Sky satellite
• Tease Me TV on Freeview digital TV
• Tease Me 2 on Sky satellite
• Tease Me 3 on Sky satellite

The channels which promote adult chat are broadcast free to air. Viewers are encouraged to contact the onscreen female presenters via premium rate telephony services (PRS). During the daytime, the channels are not permitted to promote adult chat services and the material must be suitable for a pre-watershed audience.

Both companies, under common ownership, have repeatedly breached rules which protect children from any sexual material and easily offended viewers from supposedly harmful and offensive material.

Over a sustained period of time the licensees have transmitted content that was too sexual for the time of day or being broadcast unencrypted. A minute amount of the material broadcast was so strong that it would be considered equivalent to BBFC R18 rated material. This is not permitted on British TV – either free-to-air or under encryption. Ofcom has decided that the companies are no longer fit and proper to hold broadcast licences.

In July 2010 Ofcom fined the two companies a total of £157,250 for serious breaches of the Broadcasting Code and other licence conditions. At the time Ofcom warned of a wholly inadequate compliance system that amounted to manifest recklessness and warned that such repeated compliance failures would not be tolerated.

The licencees have repeatedly failed to comply with Ofcom's rules in the last 18 months and over 60 breaches have been recorded.

On 19 November 2010, Ofcom directed the broadcaster to suspend transmission and today the licenses have been revoked.

Ofcom plans to meet all our licensees in this part of the broadcasting sector to ensure that they are quite clear how seriously Ofcom takes its duties in relation to the protection of easily offended television audiences and in particular children.

Ofcom's Director of Standards, Chris Banatvala, said: We want to be very clear that Ofcom are required by Parliament to protect audiences through the Broadcasting Code. We simply will not tolerate serious and repeated breaches of the Code and have therefore decided to revoke these licences. Audiences should be assured that we will continue to take action to stop broadcasters breaching the rules in this area .

Ofcom's ongoing rant against the babe channels was set to continue with whinges at the following Babe Channel programmes:

Bluebird on

• Northern Birds, daytime 8 September 2010
• Northern Birds, nighttime 26/27 September 2010
• Essex Babes, nighttime21 September 2010
• Live 960, nighttime 22 September 2010

The channels Northern Birds and Essex Babes are owned and operated by the licensee Satellite Entertainment Limited (SEL).

The channel Live 960 is owned and operated by the licensee Hoppr Entertainment (Hoppr)

Ofcom received 'complaints' about alleged inappropriate content broadcast during the above programmes and so requested recordings.

But Ofcom did not receive the recordings despite repeated requests.

Ofcom recorded a Breach of Licence Condition 11 (retention and production of recordings) for each programme.

In each case this was also noted as a repeat offence and Ofcom concluded for both SEL & Hoppr: As a result the Licensee is put on notice that this present contravention of its licence is being considered for the imposition of a statutory sanction.

Since its introduction in 1982, Playboy TV, a subscription channel, has focused on attracting men with soft-core porn movies, adult-oriented game shows and Playmate specials.

It's a fading proposition. The channel is too tame to compete with sex-related video-on-demand services — or even certain HBO shows — yet too raunchy to appeal strongly to women, who typically control the household cable bill, according to industry research. Never mind that plenty of titillation is available free with a click of a mouse.

So Playboy spent a year conducting focus groups and other research. If this channel could be anything, what should it be? said Gary Rosenson, a senior vice president and general manager of Playboy's domestic television operation. The outcome: Playboy TV will begin shifting from traditional pornography toward a higher-quality, female-friendly slate of reality shows. They will call this block of shows TV for 2.

The first new series is Brooklyn Kinda Love. It follows the intricacies of four real couples' relationships. Another new show involves monogamous couples receiving advice on how to achieve greater intimacy. In all, the channel will add six new shows by the end of next year.

The content remains firmly sexual but Playboy insists that it is less identifiable as pornography. The emphasis is now on intimacy, learning as a couple and of course those all-important higher production values.

This is not just a face-lift, Rosenson said. This is a major movement away from the type of adult fare that you can easily find on the Web. They say that every important TV niche has been filled, but I'm pretty sure we've found one that hasn't.

The channel's research, conducted by Sharon Lee, a firm that analyzes societal trends, indicated that women — particularly younger women — were not opposed to pornography as long as it had certain attributes. Among them: real chemistry, nonenhanced body parts, varied body shapes and contextualized sex. They want the romance to flow organically from the story and not pop up in a forced fashion as is the case in so many adult movies, Ms. Lee said.

Playboy has little choice but to pursue a new path on the premium television front; the cost for its channel varies by provider, but is about $15 a month. Hugh Hefner, who founded the company in 1953, has long resisted the obvious way of competing with the Internet — going more hard core — for fear of damaging the Playboy brand. But that strategy has left Playboy TV without a sharp identity. In the most recent quarter, revenue in the company's entertainment group, which includes Playboy TV, declined 20%.

A TV ad, for a premium rate telephone service, featured mock documentary footage titled The Bare Tits Project, in a parody of the film, the Blair Witch Project. On-screen text stated In 2009 4 students went out to make a naughty documentary in Epping Forest ... They never returned but the footage was found a year later ....

The ad showed three women, who were frequently topless, in a woodland setting. Text on-screen throughout the ad stated TXT HOT TO 69912 £1.50 per text and CALL NOW! 0982 923 XXXX. The women invited viewers to get in touch ... if you want to talk to some really naughty girls, call the number on the screen now.

1. A viewer, who saw the ad at 6.40am on Tease Me 2, challenged whether the nudity in the ad was offensive, particularly given the time of day at which it was broadcast.

2. The ASA challenged whether the premium rate service was of a sexually explicit nature and therefore whether it should have been broadcast only on an encrypted element of an adult entertainment channel.

Response

1. Tease Me 2 said the ad was broadcast unintentionally due to an operator error and was not scheduled to air outside of the watershed. They accepted that nudity outside of the watershed could sometimes cause offence to some viewers but nevertheless pointed out that the ad was broadcast on a clearly signposted adult entertainment channel in the Adult Section of the Sky Electronic Programme Guide (EPG). Tease Me 2 therefore disagreed that the ad was likely to cause serious or widespread offence or that the depiction of nudity contravened any generally accepted moral, social or cultural standards.

2. Tease Me 2 said the ad was a 15-minute teleshopping broadcast which was clearly distinguishable from editorial content and bore a banner stating that it was a commercial presentation. Their in-house compliance team passed the promotion for broadcast on the understanding that the rules for the promotion of premium rate services (PRS) had changed after the Third Consultation on Participation Television. They said the ad was discontinued after it became clear that the changes to the rules, although announced by Ofcom, did not come into effect until September 2010 and had not been broadcast since.

Assessment: 1. & 2. Upheld

The ASA noted the ad had been broadcast, in May 2010, before the watershed in error and that it appeared in the Adult Section of the EPG. We considered that the imagery and premium rate contact number suggested that the service promoted was of a sexual nature. We considered that some viewers were likely to be offended by it but that the offence was unlikely to be serious or widespread if appropriately scheduled. We nevertheless noted the viewer had seen the ad in the morning and furthermore, the channel was unencrypted. For those reasons, we considered that the content of the ad was likely to cause serious or widespread offence and, because it was a premium rate text service of a sexual nature, should have been restricted to encrypted elements of adult entertainment channels.

The ad must not be broadcast again in its current form, unless it is shown on encrypted elements of adult entertainment channels.

Elite Nights
Elite TV, 8 August 2010, 00:00 to 00:30
Elite TV & Elite TV 2, 14 August 2010 22:00 to 22:14

Ofcom received one complaint about the content. The complainant was concerned about the strong language used during the times highlighted above.

Ofcom viewed the material and noted there were two presenters. Presenter One was wearing a black thong, a strip of black material across her breasts and fishnet stockings. Presenter two was wearing a black leather bodice and leather, thigh-high boots.

During the broadcast the presenters adopted various sexual positions for prolonged periods of time, including: lying on their backs with their legs wide open to camera and kneeling with their buttocks to camera and licking and stroking each other's inner thigh, anal and genital area; mimicking oral sex with a whip; and thrusting their bodies as though miming sexual intercourse.

We noted in particular that during this output a explicit sexual discussion took place:

Presenter One: Well guys we're feeling so fucking dirty now.

Presenter Two: I absolutely love playing with your pussy.

Presenter One: I love the way you do it. You.re the only woman that gets my cunt that wet.

Presenter Two: Do you like me touching your clit like that. [Presenter Two.s hand is out of frame].

Presenter One: Yes. Feel like I need to repay the favour though. [Presenter One's hand is out of frame].

Presenter Two: [Presenter One kissing Presenter Two's breasts] I love it when you just suck my tits like that. Oh yes, fucking suck my tits. Oh your tongue all over my tits. Imagine you're cock rubbing over my tits and her licking your cock. Whilst your cock is rubbing on my tits at the same time. I love the thought of that. And then watching a cock sliding up inside your pussy. [Presenter Two stroking thigh, breasts, genital area and stomach of Presenter One for remainder of conversation].

Presenter One: Coming all over us. I love it in my arse. Presenter Two: Taste it after it's been in up your arse.

Presenter One: All that shit covered cock in my mouth... Presenter Two: ...I want them to fuck your arse until its gaping sore.

Ofcom considered:

• Rule 1.3 - (children must be protected from unsuitable material by appropriate scheduling)
• Rule 2.1 - the broadcaster must apply generally accepted standards
• Rule 2.3 - offensive material must be justified by context.
• Rule 1.18 - ('Adult sex material' - material that contains images and/or language of a strong sexual nature which is broadcast for the primary purpose of sexual arousal or stimulation - must not be broadcast at any time other than between 22:00 and 05:30 on premium subscription services and pay per view/night services which operate with mandatory restricted access)

Ofcom Decision:

In Ofcom's opinion, in this particular case, a viewer could reasonably have perceived the actions of the presenters during the conversation as real e.g. When Presenter Two asked Do you like me touching your clit like that? She moved her hand towards the genital area of Presenter One.. Furthermore the language used, was of a very strong sexual nature and in Ofcom's view, combined with the imagery, was clearly adult-sex. material. Ofcom considers the primary purpose of broadcasting this material was sexual arousal. Given the programme.s content and purpose, and the conclusion the content constituted adult-sex material, its broadcast, without mandatory restricted access, was therefore in breach of Rule 1.18 of the Code.

In light of Ofcom's view that the programme contained material that constituted adult sex material and was therefore unsuitable for broadcast without mandatory restricted access, the broadcast was clearly capable of causing considerable offence.

In this case, given the relatively prolonged and repeated scenes of a strong sexual nature; the inclusion of language that was provided for the purpose of sexual arousal; the time of broadcast and location of the channel, Ofcom considers it was not sufficient to justify the broadcast of the material. The language in combination with the actions of the presenters was so strongly sexual that it would have exceeded the likely expectation of the vast majority of the audience for a service without mandatory restriction. Ofcom concluded that the content was clearly not justified by the context and was in breach of generally accepted standards.

The broadcast was therefore in breach of Rules 1.18, 2.1 and 2.3 of the Code.

Bluebird
Sport xxx Girls, 10 September 2010, 00:00 to 00:30

Ofcom received a complaint about alleged inappropriate adult content broadcast at around 00:00 on 10 September 2010.

Ofcom requested a recording of material from the Licensee for that time and date in order to assess the complaint.

Response Between 10 September and 17 September 2010 Ofcom formally asked SEL on several occasions, and set various deadlines, to provide a recording of its output on the 10 September 2010 at 00:00. The Licensee failed to provide this recording.

Ofcom Decision

Breach of Licence Condition 11 (retention and production of recordings)

Freeblue
Live 960, 3 August 2010, 23:00 to 01:00
4 August 23:00 to 01:00

Ofcom received a complaint about alleged inappropriate adult content broadcast at around 00:00 on 4 August 2010.

The Licensee provided a recording of material from 4 August 2010 from 00:00 to 01:00. However, this recording was not of broadcast quality, had no sound and did not match the description of the complaint. The Licensee failed to provide recordings of the programmes requested.

Ofcom Decision

Breach of Licence Condition 11 (retention and production of recordings)

Early Bird
Tease Me TV (Freeview), 30 July 2010, 08:30 to 09:00;
Tease Me TV (Freeview), 11 August 2010, 08:45 to 09:00;
Tease Me TV (Freeview), 15 August 2010, 07:38 to 07:50;
Tease Me TV (Freeview), 20 August 2010, 07:00 to 07:30;
Tease Me TV (Freeview), 23 August 2010, 08:00 to 08:20;
Tease Me TV (Freeview), 29 August 2010, 08:10 to 08:30

Ofcom received a complaint from a viewer about the above broadcast.

The complainant was concerned that the programme included a presenter writhing around, simulating sex to entice phone calls at breakfast time. Ofcom noted that the female presenter was wearing a pink material band partially covering her breasts, a pink pair of knickers with call me printed on them and one fishnet stocking. During the broadcast, the presenter adopted certain positions kneeling with her legs wide open; sitting with one leg beneath her; and lying on her front with her breasts to camera. While in these positions the presenter repeatedly moved and gyrated her hips in a sexually provocative way and bounced up and down mimicking sexual intercourse. The presenter was also shown jiggling her breasts, lightly spanking her buttocks and opening her mouth in a sexualised rather than flirtatious way.

Ofcom Decision

Ofcom concluded that the content of the six broadcasts was clearly unsuitable for children and not appropriately scheduled so as to offer protection from it. Therefore the content breached Rule 1.3 of the Code

Freeblue 1
Babeworld.tv, 9 July 2010, 21:00 to 21:30

Ofcom received a complaint from a viewer about the conduct of the female presenters.

Ofcom noted that the programme featured up to eleven women on screen at the same time. All of the women were wearing skimpy underwear including thongs and bras. At various times the women were shown adopting sexual positions, including: lying on their backs with their legs open to camera; bending over with their buttocks to camera; and presenters between the legs of other presenters. While in these positions the female presenters carried out a number of sexually provocative acts. Some were shown rubbing their breasts and buttocks, and touching around their genital area and upper thighs. Some presenters were shown kissing each other and touching each other's breasts, buttocks, genital area and upper thighs. They were also shown lightly spanking each other's buttocks. The broadcast also included images of a presenter placing her head between the legs of another presenter, mimicking oral sex. In addition, a female presenter removed another presenter's bra and was shown licking and sucking her nipples. Certain presenters licked their fingers to mimic the performance of oral sex on a man.

Ofcom considered:

• Rule 1.6 - the transition to more adult material must not be unduly abrupt at the watershed
• Rule 2.1 - the broadcaster must apply generally accepted standards
• Rule 2.3 - offensive material must be justified by context.

Ofcom Decision

Ofcom was concerned that the sexualised images described above were shown directly after the watershed from 21:00. Ofcom took into account the likely expectation of the audience. Here Ofcom believes that viewers of a channel freely available without mandatory restricted access would not expect to see material of such strength broadcast directly after the watershed between 21:00 and 21:30. [I somehow think Babe channel viewers certainly would expect to be able to watch adult entertainment after the watershed]

Breach of Rules 1.6, 2.1 and 2.3 of the Code.

Elite Days
Elite TV 2, 6 August 2010, 12:24

As a result of Ofcom's concerns about compliance in this sector, Ofcom conducts occasional monitoring of daytime chat channels.

In this case, Ofcom noted that the female presenter was wearing a very skimpy mesh and string vest showing her naked breasts beneath with only plasters over her nipples, and a see through lace thong. During the broadcast the presenter adopted various sexual positions for periods of time, including on her front with her bottom in the air, and on her side with her legs apart. While in these positions she repeatedly stroked and touched her body, buttocks and breasts, and wiggled and thrust her hips in the air in a sexually provocative way. She also pulled her mesh vest over her buttocks while pushing her hips in the air.

Ofcom considered

• Rule 1.3 (Children must be protected by appropriate scheduling from material that is unsuitable for them.)

Ofcom Decision

Ofcom concluded that the content of this broadcast was clearly unsuitable for children and not appropriately scheduled. Therefore the content breached Rule 1.3 of the Code.

Early Bird
Tease Me TV (Freeview), 27 July 2010, 07:30 to 07:50

Ofcom received a complaint from a viewer about this broadcast. The complainant was concerned that the content was unsuitable for broadcast at this time of day.

Ofcom noted that the female presenter was wearing a pink bra and thong over which was a skimpy mesh all-in-one vest and thong. During the broadcast the presenter adopted certain positions including lying on her side with her legs wide open; on her front with her bottom raised sometimes turning to reveal her bottom to camera; and, on her back with her hips raised in the air. While in these positions the presenter repeatedly: stroked and touched her body including her crotch area, legs, buttocks and breasts; moved and gyrated her hips sometimes high in the air in a sexually provocative way; pulled sexualised facial expressions and lightly spanked her buttocks.

Ofcom formally requested comments from Bang Media on several occasions. Bang Media did not provide any comments. In the absence of any response from the Licensee, Ofcom proceeded to reach a decision on this material against the Code.

Ofcom Decision

We concluded that the content included in the broadcast as described above had no editorial justification since its sole purpose was to elicit PRS calls. In Ofcom's view, the revealing and sexual clothing, and repeated actions and sexual positions of the presenter were intended to be sexually provocative in nature and the broadcast of such images was not suitable to promote daytime chat. In light of this clothing and behaviour, together with its lack of editorial justification, in Ofcom's view the material was clearly unsuitable for children.

Breach of Rule 1.3

Bang Babes
Tease Me, 28 July 2010, 23:40 to 00:00

Ofcom received a complaint about alleged inappropriate adult content broadcast between 23:40 and midnight. Ofcom requested a recording of the material from Bang Media.

Ofcom Decision

Ofcom formally asked Bang Media on several occasions to provide a recording of the output which was complained of so that Ofcom could view it and decide whether it raised any potential issues under the Code. Bang Media failed to provide any recording. This was therefore a clear breach of Condition 11 (Retention and production of recordings) of Bang Media's licence to broadcast.

Breach of Condition 11 (retention and production of recordings)

Early Bird Tease Me TV (Freeview),
3 August 2010, 08:00 to 09:00

Earlybird is a televised daytime babe channel programme broadcast on Tease Me TV on  Freeview. The licence for the service is held by Bang Media.

Ofcom received a complaint from a viewer about this broadcast. The complainant was a parent of young children and was concerned that during the morning until 9am the Early Bird digital channel is broadcasting sexually explicit television. The complainant said that the material was broadcast at a time when many young children watch television, before school and in the holidays and the channel is easily accessible.

The Licensee provided a recording. Ofcom noted that the female presenter was wearing a revealing red lace bra and thong, red fish net stocking and suspenders, and red stilettos. During the broadcast the presenter adopted certain positions including lying on her side, back and front with her legs wide open, lying on her side with one leg raised in the air, and on all fours with her hips and buttocks raised. While in these positions the presenter repeatedly: stroked and touched her body including her crotch area, legs and breasts; moved and gyrated her hips in a sexually provocative way; and lightly jiggled her breasts. The presenter was also shown licking her lips and showing her tongue to reveal a tongue stud. A number of times during the broadcast the camera moved up and down the presenter's body so that her covered breasts were shown in close up.

Ofcom considered Rule 1.3 (children must be protected from unsuitable material by appropriate scheduling).

Ofcom formally requested comments from Bang Media on a number of occasions. Bang Media did not provide any comments. In the absence of any response from the Licensee, Ofcom proceeded to reach a decision on this material against the Code.

Ofcom concluded that the content of the broadcast was clearly unsuitable for children and not appropriately scheduled so as to protect them from it. Therefore the content breached Rule 1.3 of the Code.

As a result of the serious and repeated nature of breaches recorded previously against Bang Channels Limited and Bang Media (London) Ltd in Bulletins 157, 158, 163 and 165, Bang Media has already been put on notice that these contraventions of the Code are being considered for further statutory sanction.

Early Bird Tease Me TV (Freeview), 15 July 2010, 08:30 to 09:00

Condition 11 of Bang Media's licence states that the Licensee must make and retain a recording of all its programmes for a period of 60 days from broadcast, and at Ofcom's request must produce a recording forthwith. Ofcom has made clear that recordings must be of a standard and in a format which allows Ofcom to view the material as broadcast.

Ofcom received one complaint about alleged inappropriate adult content between 08:30 and 09:00. Ofcom requested a recording of that material from Bang Media.

Between 20 July and 25 August 2010 Ofcom asked Bang Media on several occasions and set various deadlines to provide a recording of the programme. In correspondence Bang Media stated that it was having difficulty in retrieving the material Ofcom had requested. The Licensee did not provide a recording. Ofcom therefore asked the Licensee for formal comments on its compliance with Condition 11 of its licence, and in particular the obligation to provide Ofcom with a copy of its output forthwith on request. Bang Media did not provide any comments in response.

Ofcom recorded a Breach of Licence Condition 11 (retention and production of recordings)

Club Paradiso, 24/25 June 2010, 00:15 to 00:45

Ofcom received a complaint which said that this broadcast was too explicit and included sexual activity between a male and female presenter including simulated or mimed oral sex, sexual intercourse and other sexually provocative acts.

Ofcom noted that between 00:15 and 00:45, the broadcast featured a male as well as a female presenter. The male was wearing underpants and the female fishnet stockings and a black thong. During the broadcast the female presenter adopted various sexual positions for relatively prolonged periods of time, including on her back with her legs apart, on all fours with buttocks to camera and sat on top of and astride the male presenter's chest. The male presenter also adopted various positions, which included kneeling with his crotch by the female presenter's mouth, kneeling behind the female presenter whilst she was on all fours and lying on his back while under the female presenter. While in these positions, the female and male mimed oral sex on each other, they both gyrated their hips miming sexual intercourse, the male squirted white lotion on the female's buttocks and rubbed it in, and the male licked the female's breasts and nipples. Furthermore the male stroked and gently spanked the female's body and buttocks. At times the squirted lotion was left on the female's buttocks for a period of time. While adopting these positions or engaging in these activities, neither presenter touched the other's genital area.

Ofcom considered the following Code rules:

• Rule 1.18 ('Adult sex material' - material that contains images and/or language of a strong sexual nature which is broadcast for the primary purpose of sexual arousal or stimulation - must not be broadcast at any time other than between 2200 and 0530 on premium subscription services and pay per view/night services which operate with mandatory restricted access. In addition, measures must be in place to ensure that the subscriber is an adult)
• Rule 2.1 (the broadcaster must apply generally accepted standards)
• Rule 2.3 (offensive material must be justified by context).

Ofcom Decision: In Breach

In relation to Rule 1.18, Ofcom examined the content of the broadcast and considered that it contained material of a strong sexual nature, including scenes of simulated and mimed sexual activity. For example, during the broadcast the male presenter mimed sexual intercourse with the female and they both mimicked the performance of oral sex on each other, The female presenter adopted various sexual positions including astride the male presenter's chest near his face. In addition, the white lotion used as a prop in the performance was squirted onto and allowed to remain on the female presenter's buttocks, and the male licked the female presenter's breasts and nipples in sexual and intimate manner. Even though neither presenter directly touched the other's genital area, the performance and provocative actions of both presenters were clearly suggestive of various sexual acts.

In Ofcom's view, the primary purpose of broadcasting this material was clearly sexual arousal. Given the above, the material was, in Ofcom's view, of a strong sexual nature. Having assessed this programme's content and purpose, Ofcom considered that this content constituted adult-sex material. Its broadcast, without mandatory restricted access, was therefore in breach of Rule 1.18 of the Code.

Given the relatively prolonged and repeated scenes of intimacy and the strong sexual nature of the performance (for the purpose of sexual arousal), the time of broadcast and location of the channel were not sufficient to justify the broadcast of the material. The material shown was so strongly sexual that it would have exceeded the likely expectation of the vast majority of the audience [so Ofcom thinks the the vast majority of babe channel viewers don't want to see sexy programming?]. Ofcom concluded that the content was clearly not justified by the context and was in breach of generally accepted standards and in breach of Rules 2.1 and 2.3.

Ofcom welcomed the Licensee's apologies and confirmation it was keen to adhere to the Code and put in place new procedures if necessary. It also noted the broadcaster's statements that this was a trial broadcast piece which has not been repeated.

Ofcom has provided a considerable amount of guidance to adult sex chat broadcasters about what constitutes adult sex material and what is acceptable under the Code. These broadcasters need to take particular care when they feature more than one presenter on screen and the presenters are or appear to be intimate with each other in a sexual manner.

Bang Babes Tease Me, 23 July 2010, 21:45 to 22:30
Bang Babes Tease Me, 31 July 2010, 01:40 to 02:15
Bang Babes Tease Me, 6 August 2010, 22:00 to 22:25 and 00:00 to 00:45

Early Bird Tease Me TV (Freeview) 25 July 2010, 07:25 to 07:45

The usual whinges about the babes of the various Tease Me channels, eg:

Bang Babes , Tease Me, 23 July 2010, 21:45 to 22:30

Ofcom received a complaint about the above broadcast. The complainant said that the content transmitted was too sexually explicit to be broadcast without mandatory restricted access.

Ofcom noted that between 21:45 and 22:00 the programme featured a female presenter wearing a black and white bra and thong. During the broadcast the presenter removed her bra to expose her breasts and was shown adopting various sexual positions such as sitting while facing the camera with her legs open, and bending over on all fours with her buttocks to camera. While in these positions the presenter: heavily thrust her body as though miming sexual intercourse; mimed performing oral sex on a man; repeatedly massaged her breasts; licked her breasts; and repeatedly rubbed her outer genital area.

As usual Ofcom found the channels to be in breach of rules:

• Rule 1.18 ('Adult sex material' - material that contains images and/or language of a strong sexual nature which is broadcast for the primary purpose of sexual arousal or stimulation - must not be broadcast at any time other than between 2200 and 0530 on premium subscription services and pay per view/night services which operate with mandatory restricted access. In addition, measures must be in place to ensure that the subscriber is an adult)
• Rule 2.1 (the broadcaster must apply generally accepted standards)
• Rule 2.3 (offensive material must be justified by context).

And as usual Ofcom warn about the next fine:

On 29 July 2010 Ofcom fined Bang Media (London) Limited and Bang Channels Limited a total of £157,250 for serious and repeated breaches of the Code.

In addition, as a result of the serious and/or repeated nature of the breaches recorded in this current finding, and those recorded against Bang Channels Limited previously in Bulletins 157, 158 and 163 the Licensee is put on notice that these present contraventions of the Code are also being considered for further statutory sanction.

Live XXX Babes, 31 March 2010, 22:00 to 23.00
Live XXX Babes, 1 April 2010, 22:00 to 22:24
Sport XXX Babes, 3 April 2010, 22:00 to 02:00
Northern Birds, 11 April 2010, 22:30 to 23:00
Sport XXX Babes, 16 May 2010, 21:00 to 21:30
Sport XXX Babes, 19 May 2010, 00:00 to 01:00 to 09:00

Live XXX Babes, Sports XXX Babes and Northern Birds are free to air Babe Channels. Each service has a separate licence but all three licences are owned and complied by Satellite Entertainment Limited.

As a result of its concerns about compliance in this sector, Ofcom conducts monitoring exercises of daytime and adult sex chat channels.

Ofcom noted the usual complaints about the Babe Channels eg:

Live XXX Babes,(Sky Channel 950) 31 March 2010, 22:00 to 23:00

During this programme, a female presenter was wearing a leather dress that exposed her breasts, a skimpy thong and fishnet stockings. She adopted various sexual positions. These included on all fours with her buttocks to camera and on her back with her legs wide open. While in these positions the presenter carried out a number of sexual acts including miming and simulating masturbation, by rubbing and touching her crotch and anus over her skimpy thong which at times revealed her labial contours. She also licked her fingers and touched around the edges of her labia and pulled on her thong to bunch it into her crotch and reveal her genital contours. At times the camera zoomed in between the presenter's wide open legs in intrusive detail.

Ofcom considered Code Rules:

• 2.1 (the broadcaster must apply generally accepted standards)
• 2.3 (offensive material must be justified by context) from SEL in relation to the following broadcasts:

Ofcom Decision: Breach of rules 2.1 & 2.3

In terms of the content of all these broadcasts, Ofcom considered the sexual images shown to be strong and capable of causing offence. During all six broadcasts detailed above, the presenters positioned themselves in front of the camera with legs wide apart and on all fours with buttocks in full view for prolonged periods of time. Given the fact that all presenters pulled their underwear tightly against their genital area so as to bunch the material, and the images were sometimes filmed close up, there were numerous occasions when outer labial and anal detail was shown in intrusive detail. In addition, during all broadcasts the presenters in each individual programme appeared to mime masturbation at various points in the broadcasts, by touching around their genital and anal areas and sometimes simulate masturbation by rubbing their underwear vigorously against their genitals and touching or stroking the crotch in a sexual manner.

Given the strength of the sexual nature of the content, available on a channel without mandatory restricted access, we considered that the broadcaster did not apply generally acceptable standards and the material was not contextually justified. These broadcasts therefore breached Rules 2.1 and 2.3 of the Code.

Ofcom is concerned in particular, that the broadcast on Sport XXX Babes on 16 May was transmitted from 21:00. This strong sexual content, of an equally similar nature to that shown after 22:00 on the other channels detailed, included the presenter revealing her breasts and genital and anal detail, simulating masturbation and inserting her fingers into her mouth to mime oral sex. Rule 1.6 makes clear that the strongest material should appear later in the schedule and that the transition to more adult material should not be unduly abrupt at the watershed of 21:00. The degree of offence likely to be caused by viewing this material was therefore considered greater than after 22:00 given the insufficient context. Ofcom concluded that this content was clearly not justified by the context and, in addition to breaching generally accepted standards also contravened Rule 1.6.

It is Ofcom's view that these breaches are serious. In particular, Ofcom is concerned by the apparent repeated nature of these breaches. Ofcom is therefore putting the Licensee on notice that further repeated contraventions of the Code of a similar nature will be considered for the imposition of a statutory sanction.

Early Bird
Tease Me TV (Freeview)
3 June 2010, 05:45 to 06.30 and 08:00 to 09:00

Ofcom received two complaints about the above broadcast. The complainants were concerned that the material was too sexual to be broadcast in the daytime and that the presenter's skimpy outfit and movements were inappropriate for a young audience who might be watching television on this free to air service on the Freeview platform.

The female presenter was wearing a very skimpy string/lace bra that barely covered her nipples, a thong with a string back and stockings and suspenders. During the broadcast the presenter adopted various sexual positions for periods of time including: on her side with her legs open; on her back with her legs open; and, on all fours with her hips raised. While in these positions she repeatedly stroked and touched her body, buttocks and breasts, wiggled and thrust her hips in a sexually provocative way. At one time she also stood up and danced briefly to the camera. On occasions the camera focused in on various parts of her body.

Ofcom considered Rule 1.3 (children must be protected from unsuitable material by appropriate scheduling).

Ofcom Decision: Breach of Rule 1.3

In Ofcom's view the very skimpy clothing of the presenter combined with her repeated and sexualised actions and behaviour were intended to be sexually provocative in nature and the broadcast of such images was not suitable to promote daytime chat.

18 Keen
Tease Me
10 June 2010, 21:30 to 22:30

Ofcom received a complaint that the content was too sexually explicit to be broadcast at around 21:30. The complainant referred to the underwear the two presenters were wearing and that they were performing sex acts on each other.

Ofcom noted that the broadcast featured two female presenters on an unmade single bed in a bedroom setting. They were both initially wearing bras and knickers and one presenter's knickers were made of see through material. The presenters removed their bras during their act. At various times, the presenters adopted sexual positions including: on all fours with their bottoms close to camera; lying on their backs with legs open to camera; one presenter between the legs of the other; on their knees with one presenter behind the other one; and one presenter sat over the other presenter's breasts. While in these positions they rubbed each other's bare breasts and nipples, thrust and moved their hips in a sexualised manner as if miming intercourse, and spanked and stroked each other's buttocks. They also licked their fingers and rubbed the inside of their upper thighs in a sexualised way.

Ofcom considered:

• Rule 2.1 (the broadcaster must apply generally accepted standards)
• Rule 2.3 (offensive material must be justified by context).

Ofcom Decision

In this case, Ofcom considered that the material shown (including the presenters stroking and rubbing each other.s naked breasts) was provided for the purposes of sexual arousal in order to elicit PRS calls. For the reasons set out above, this material was too strong to be shown so soon after the watershed and was clearly not justified by the context.

This broadcast was therefore in breach of Rules 2.1 and 2.3 of the Code.

Further Sanctions

As a result of the serious and repeated nature of the breaches recorded previously, Bang Channels and Bang Media have already been put on notice that these contraventions of the Code are being considered for statutory sanction. Consideration of this statutory sanction is in addition to the sanction already imposed on Bang Media .

Bang Babes
Tease Me TV 2, 22 May 2010, 03:35 to 04:00

Bang Babes is a programme on the adult sex chat television service Tease Me TV 2. Tease Me TV 2 is broadcast under a licence held by Playboy TV UK/Benelux Limited. Playboy therefore has compliance responsibility for all programmes broadcast on that service, including Bang Babes.

The service is a free to air babe channel in which female presenters dress and behave in a sexually provocative way while encouraging viewers to contact the PRS numbers.

Ofcom received a complaint from a viewer who said that the broadcast included prolonged and repeated close up graphic and intrusive images of vaginal and anal detail. The complainant also said the broadcast showed masturbation throughout.

Ofcom noted that between 03:30 and 04:00, the broadcast included a female presenter wearing a yellow bikini top (which was pulled to the side to reveal her breasts) and a matching thong. During the broadcast she adopted various sexual positions for relatively prolonged periods of time, including bending over on all fours with her buttocks to camera and lying on her back with her legs spread wide open to camera. While in these positions the presenter's anal and labial area was shown in close up and extensive detail. Throughout the broadcast the presenter repeatedly: rubbed her genital area with her fingers; rubbed her thong against her genitals; pulled her buttocks apart to reveal her anus; sucked her fingers to mimic performing oral sex on a man; and rubbed saliva over her breasts.

Ofcom considered:

• Rule 1.18 ('Adult sex material' - material that contains images and/or language of a strong sexual nature which is broadcast for the primary purpose of sexual arousal or stimulation - must not be broadcast at any time other than between 2200 and 0530 on premium subscription services and pay per view/night services which operate with mandatory restricted access. In addition, measures must be in place to ensure that the subscriber is an adult
• Rule 2.1 (the broadcaster must apply generally accepted standards)
• Rule 2.3 (offensive material must be justified by context).

Playboy responded saying that having viewed the content, it appears that some of the content was in breach of the Code, for which we apologise. We have recently started taking content from an experienced provider [of adult sex chat material]…much of this content is delivered live, and we have had to install new systems, both technical and procedural, to cope with this product. It explained that there have been some teething troubles, which have led to one or two slipups.

Ofcom Decision

In relation to Rule 1.18, Ofcom examined the content of the broadcast and considered that it contained material of a very strong sexual nature, including graphic and intrusive images of genital and anal detail. For example, during the broadcast the presenter was shown apparently performing masturbation on herself by repeatedly touching her genital area and rubbing her thong against her genitals. In Ofcom's opinion, in this particular case, a viewer could reasonably have perceived the sexual acts as real. The presenter was also shown at various times bending over with her buttocks close up to camera and pulling her buttocks apart to reveal her anus and extensive labial detail. Further, Ofcom took account of the fact that the sequences were, in some cases, relatively prolonged and repeated throughout the 25 minute broadcast. In Ofcom's view, the primary purpose of broadcasting this material was clearly sexual arousal. Given the above, the material was, in Ofcom's view, of a very strong sexual nature. Having assessed these programme.s content and purpose, Ofcom considered that the material broadcast constituted 'adult-sex material. Its broadcast, without mandatory restricted access, was therefore in breach of Rule 1.18 of the Code.

Ofcom then went on to consider whether the broadcast was also in breach of Rules 2.1 and 2.3 of the Code. In light of Ofcom's view that the programme contained material that constituted adult sex material and was therefore unsuitable for broadcast without mandatory restricted access, the broadcast was clearly capable of causing considerable offence.

Given the relatively prolonged and repeated scenes of a very strong sexual nature and the inclusion of graphic images of genital and anal detail (provided for the purpose of sexual arousal), the time of broadcast and location of the channel was not sufficient to justify the broadcast of the material. The material shown was so strongly sexual that it would have exceeded the likely expectation of the vast majority of the nutters watching. Ofcom concluded that the content was clearly not justified by the context and was in breach of generally accepted nutter standards.

Breach of Rules 1.18, 2.1 and 2.3

Early Day Motion EDM 629: Children And Access To Pornography On Television

26.07.2010 by Barry Sheerman

That this House deplores the easy access children have to pornography by means of satellite and cable television; and calls on Ofcom, the appropriate regulator, to amend its broadcasting code in order to ensure that access to pornographic material is only available via a secure authentication system.

Signed

Conservative Party

• Peter Bottomley

Labour Party

• Tom Blenkinsop
• Jeremy Corbyn
• Glenda Jackson
• Barry Sheerman

Liberal Democrats

• Mike Hancock
• Stephen Williams

The TV censor Ofcom has fined Bang Channels Limited and Bang Media (London) Limited for the broadcast of free to air 'babe channel' programmes between June 2009 and November 2009,

Bang Channels Limited was fined for programmes on Tease Me, Tease Me 2, Tease Me 3. Bang Media (London) Limited  was fined for programmes on Tease Me TV For breaches of Ofcom's 2005 Broadcasting Code in respect of:

• Rule 1.3: Children must also be protected by appropriate scheduling from material that is unsuitable for them
• 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 other protections mentioned 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…Such material may include, but is not limited to, …sex….

Having considered all facts and arguments put before it the Sanctions Committee deemed sanctions totalling £157,250 to be appropriate, the Committee wishes to emphasise that it views the broadcast of inappropriate explicit material – such as that forming the basis of this Decision – with the utmost seriousness. In this instance, the Committee concluded that the Licensees had been operating a wholly inadequate compliance system. The Committee considered this inadequate compliance to amount to manifest recklessness. This recklessness therefore informed the Committee's judgment of appropriate sanctions.

The Ofcom Executive investigated a number of programmes broadcast on the channels operated by the Licensees and found 13 programmes broadcast on channels operated by Bang Channels to have breached the Code and one programme broadcast on the channel operated by Bang Media to have breached the Code. The Ofcom Executive also found each of Bang Channels and Bang Media to have breached Licence Condition 11 of their respective licences by failing to provide forthwith full recordings of programmes upon request by Ofcom

In summary, the material found in breach related to unsuitable adult material, shown for the sole purpose of sexual stimulation. Some footage contained inappropriate explicit sexual imagery including intrusive images of, simulated masturbation and oral sex, genital and anal detail. In some cases, the material was considered to be of such strength that it was only suitable for transmission with mandatory restrictions (e.g. under PIN encryption). In one programme, in particular, the material was of such strength that it was considered to be equivalent of BBFC R18.7. 9.

There were further breaches relating to daytime chat. In these cases, the broadcaster transmitted material which was considered to be unsuitable for pre-watershed viewing in that the content was inappropriately and overtly sexual.

The purchase of Channel 5 by Richard Desmond of TVX fame resulted in a couple of parliamentary questions to the Culture, Media and Sport minister.

John Whittingdale (Maldon, Conservative):

Does the Secretary of State agree that the relatively low price for which Richard Desmond has acquired Channel 5 is a further indication of the continuing difficulties affecting all traditional television companies, and that it also shows that successful companies are likely to have to operate across several different media in future? Given that, does he have any plans to look again at the current rules that govern cross-media ownership and cross-promotion?

Jeremy Hunt (Secretary of State, Culture, Olympics, Media and Sport; South West Surrey, Conservative)

I thank my hon. Friend for a thoughtful question, as ever, on the topic. He is absolutely right that media companies of the future will have to operate on different platforms. That is why one of my first decisions was to accept a recommendation by Ofcom to remove the regulations on cross-media ownership locally to allow local media operators to develop new business models that let them take product from newspapers to radio to TV to iPods to iPads and so on.

We do not currently have any plans to relax the rules on cross-promotion. Indeed, the regulations on taste, decency and political impartiality on Five remain extremely tight, but we are aware of the need to lighten regulations in general because, if we are to have a competitive broadcasting sector, we must have one in which independent players can also make a profit.

Barry Sheerman (Huddersfield, Labour)

The Secretary of State knows that Richard Desmond and Rupert Murdoch have huge pornography empires. Does he share my concern that children have increasing access to pornography on television? What can he do about it? It is a curse, and I hope that he shares my desire to do something about it.

Jeremy Hunt

The hon. Gentleman makes an important point. Our real concern on this side of the House is about the sexualisation of young people in particular; we take a liberal view of adults' ability to make decisions about what they see on television. I do not want to pretend that there is an easy answer, because traditional linear viewing, which allowed the watershed, made it possible to be much more definite about what would be seen by children and what would be seen by adults. To answer the hon. Gentleman's question directly, we have no plans to relax any of the taste and decency regulations on terrestrial broadcasts.

A German TV censor got some satisfaction when satellite operator Astra voluntarily shut off 30 hardcore pornography channels after protests from Germany's Commission for the Protection of Minors in the Media (KJM).

The channels were available unscrambled to Astra subscribers in Germany. According to the KJM, that violated German laws protecting minors from adult content on television. The KJM had no legal recourse, however, since Astra is based outside German jurisdiction in Luxembourg.

But after talks with the KJM, Astra agreed to voluntarily drop the hardcore channels from its German channel bouquets. The company also pledged it would not add any more unscrambled porn channels to its German service.

A two-page ad in Sport magazine for an adult TV subscription channel was titled WHERE ARE ALL THE MEN? STAYING IN JUST GOT FUN and showed an image of a woman in her underwear standing in an empty pole dancing club. The ad included the text THE 6 CHANNEL LINE UP The world's most beautiful women come to your screen and bring you the best in quality erotic entertainment Watch the hardest British sex featuring the UK's filthiest talent Three channels of themed programming showing wall to wall non-stop sex Watch the best Top Shelf girls being absolutely filthy every night of the week.

Issue

1. Two complainants objected that the ad was offensive, sexist and degrading towards women.
    
2. One of the complainants also objected that the ad was irresponsible because they believed it was inappropriate for publication in a free magazine where it could easily be seen by children.

ASA Assessment: Not upheld

1. Not upheld

We understood that, although the free magazine was potentially available to a large variety of consumers, it was targeted at men who were interested in sport and efforts had been made to distribute in accordance with that demographic. We understood the phrases filthiest talent and Top Shelf girls being absolutely filthy every night of the week to be enticements to readers to trial the adult subscription service and considered that the ad itself was not commenting on women in general or inviting readers to view all women in that way and was unlikely to be seen by most readers as sexist and degrading. Although we understood that some people might have found the ad and the product which it promoted to be distasteful, we considered that it did not contain explicit imagery or text that was likely to cause serious or widespread offence to readers of Sport.

We concluded that the ad was unlikely to cause serious or widespread offence to readers of Sport magazine and was unlikely to be seen as sexist and degrading

2. Not upheld

We noted, although young boys may have been interested in the content of Sport, the magazine was targeted at adult males and the manner of distribution meant that it was unlikely that children would be directly handed a copy or would be able to pick it up from the other locations in which it was available. We concluded that, because children were unlikely to see the ad, it was acceptable for publication in Sport magazine.

European courts are set to make a judgment on a landmark foreign satellite case in the spring of 2011.

The Morning Advertiser understands that once licensee Karen Murphy's appeal at the European Court of Justice is heard on 5 October, it will take until the spring for the judge to make his decision on how EU law should be implemented.

Murphy, of the Red, White & Blue in Portsmouth, was appealing against her conviction for screening Premiership football via Greek channel Nova Supersport. She first took up the case in June 2006.

The actual hearing is set for 5th October. From there, it will take a couple of months for an advocate general to return an independent opinion to the court, and the judge will consider this recommendation before returning his own judgment three to six months later.

It is then up to the High Court to apply the law, as defined by the EU, to Murphy's case, and reach its own conclusion.

Currently adverts for porn products are banned from TV, including cable and satellite.

From 1st September 2010, the rules will loosen up a bit.

On radio, softcore products may be advertised between 10pm and 5:30am but the adverts have to be centrally cleared

On TV, adverts for softcore/hardcore products are allowed only on encrypted adult channels. The adverts themselves must never feature hardcore but may be softcore between 10pm and 5:30am.

The published CAP rules seem to be a bit mis-numbered and mangled though:

Rules

30.1 Radio Central Copy Clearance – Advertisements for products coming within the recognised character of pornography may be broadcast only if they are centrally cleared.

30.2 Radio advertisements for R18-rated material are not permitted.

30.3 Television only – Advertisements for products coming within the recognised character of pornography are permitted behind mandatory restricted access on adult entertainment channels only.

30.3.1 Television only – Advertisements must not feature R18-rated material or its equivalent. That does not preclude advertisements for R18-rated material or its equivalent behind mandatory restricted access on adult entertainment channels.

30.3.2 Television only – Advertisements permitted under rules 30.2 and 30.2.1 must not feature material that comes within the recognised character of pornography before 10.00pm or after 5.30am.

30.3.3 Radio advertisements for R18-rated material are not permitted.

A few months ago Ofcom initiated a consultation about the censorship of what it calls Participation TV, This refers to channels that are continuous advertising for premium rate telephone services such as babe channels.

The basic change is that in the past these have been regulated as TV programmes by Ofcom. However they will now be considered and regulated as advertising traditionally with stricter censorship rules. However babe channels simply can't exist within such constraints but Ofcom will relax the advertising rules to allow the channels to continue.

However the censorship task will not be picked up by the current advert censors of the Advertising Standards Authority (ASA) but will continue to be imposed by Ofcom, at least for the time being.

Perhaps the most immediate consequence of the changes coming into force on 1st September 2010 is that viewers of babe channels on digital terrestrial TV will be restricted to the late night slot starting from midnight.

Ofcom explain further in their Participation TV: Regulatory Statement:

Ofcom published a third consultation on Participation TV: rules on the promotion of premium rate services. The consultation confirmed Ofcom's decision to amend the Broadcasting Code to clarify that services designed primarily to promote Premium Rate Service (PRS) lines would not be considered as editorial in nature but would be treated as advertising. Advertising is regulated under the BCAP Broadcast Advertising Standards Code.

The consultation set out the new rules and associated guidance under the Broadcasting Code. on 3 November 2009. This document is Ofcom's regulatory statement on this consultation.

Our impact assessment suggested that relatively few services will be significantly affected by this change and need to modify their services. However, two categories of service – Adult Chat

However, research commissioned by Ofcom on audience views of Participation TV services showed that viewers are generally tolerant of such services continuing to be broadcast, subject to certain safeguards to ensure that services are appropriately labelled and positioned so that viewers do not chance upon them unintentionally.

1.7 The consultation set out four options for the future regulation of Adult Chat PTV services. These options were:

1. Retain the current rules, allowing promotion of PRS of a sexual nature on encrypted channels only
2. Allow promotion of PRS of a sexual nature on open access channels in spot advertising and teleshopping, subject to scheduling restrictions
3. Allow promotion of PRS of a sexual nature in spot adverts subject to scheduling restrictions, but with teleshopping promotion only allowed on encrypted channels
4. Allow promotion of PRS of a sexual nature on dedicated teleshopping channels subject to scheduling restrictions and labelling rules, but spot advertising remains only on encrypted channels.

We stated that Option 4 was Ofcom's preferred option for regulation of promotion of these services. We proposed amendments to the relevant rules in the Advertising Code, to be introduced when the changes to the Broadcasting Code come into effect.

The proposed Advertising Code rules for promotion of telecommunications based sexual entertainment services required channels to be appropriately positioned and labelled within an Adult or similar section of an Electronic Programme Guide (EPG) on any platform. Digital Satellite (Sky, Freesat) and Digital Cable (Virgin Media) platforms operate segregated genre-based EPGs including an Adult section: channels on these platforms would be able to meet the conditions the proposed rule.

However, due to the lack of a segregated EPG on most set-top boxes, channels would currently be unable to meet the conditions for promotion (unless in encrypted form) on the Digital Terrestrial Television (DTT) platform. The most commonly used operator on the DTT platform is Freeview.

Ofcom notes that, compared to other TV platforms, DTT provides a smaller number of channels to access; also, not all receivers offer parental controls, to block either individual channels or groups of channels on the platform. The risk of unintentional viewing is therefore higher than with other platforms, and we consider that a stricter timing restriction should be introduced for DTT: that adult sex chat services should be allowed only between midnight and 0530 hours, rather than 2100-0530 on other platforms.

The revised Advertising Code is due to come into effect on 1 September 2010. The amended rules will be effective from this date.

The revised Advertising Code rules will require TV channels wishing to promote telecommunications based services sexual entertainment services or live psychic PRS to ensure that they are licensed for the purpose of the promotion of such services. These licences are currently categorised as editorial in the annex to the licence, and will need to be amended to be teleshopping licences. Broadcasters would therefore need to request an amendment to the annex to their licence to reflect these requirements should they wish to broadcast such content.

Ofcom, BCAP and the Advertising Standards Authority (ASA) have agreed that, for the time being, Ofcom will be the regulatory body for Participation TV (defined as all types of long-form advertising that are primarily dependent on promotion of Premium Rate Service phone lines, and other paid interaction with content). This includes services currently regulated by Ofcom (adult chat, psychic, quiz) and others currently regulated by the ASA (gambling, message boards, dating).

Later on Ofcom respond to pints made in the consultation:

BCAP express concern that some adult sex chat services may currently breach the requirements of the Broadcasting Code in relation to avoidance of offence from sexual material. Where breaches of the Ofcom Broadcasting Code occur, Ofcom has taken firm regulatory action in relation to these particular broadcasters. It would not, in our view, be proper in effect to enforce closure of all operators in a particular field, as a response to the transgressions of some. Moreover, programming on Adult Chat PTV will continue to be subject to the requirement not to “cause serious or widespread offence against generally accepted moral, social or cultural standards, or offend against public feeling” in accordance with Rule 6.1 of the Advertising Code. This provision is comparable with Rule 2.1 of the Broadcasting Code which requires broadcasters to apply generally accepted standards so as to provide adequate protection for members of the public from the inclusion in such services of harmful and/or offensive material. As a result, Adult Chat PTV will continue to be required to comply with rules relating to offence under the Advertising Code.

Ofcom does not consider that, to date, the primary purpose of adult sex chat services has normally been sexual arousal. In our judgement, the primary purpose is the generation of calls to the PRS lines. The content must be less sexually explicit than what is permitted on encrypted services with mandatory access restrictions. Where the content goes beyond the rules of the Codes in relation to offence, and its primary purpose appears to be sexual arousal, Ofcom has taken and will continue to take very robust regulatory action.

Ofcom have found a few more examples of mild sex material to have a rant at on the various day and night time babe channels.

Ofcom predictably found all the examples in breach of their code and so concluded:

Ofcom is presently considering the imposition of a statutory sanction against Bang Media (London) Limited and Bang Channels Limited for material transmitted between 20 June and 25 November 2009. In light of Bang Media and Bang Channels Limiteds serious and/or repeated breaches of the Code and Condition 11 of their licences, and their continued transmission after 25 November 2009 of content which appears similar in nature to that which had already been found in breach of the Code, Ofcom issued them with a Direction on 12 March 2010.

As a result of the serious and repeated nature of the breaches recorded in these current findings, and those recorded against Bang Media (London) Limited elsewhere in this Bulletin and in Bulletin 157, the Licensee is put on notice that these present contraventions of the Code are being considered for statutory sanction.

The woman behind Canada's first homegrown pay TV adult entertainment channel insists its programming will be soft and tasteful.

Quebec TV personality and producer Anne-Marie Losique, a household name in her home province for her daring style and X-rated series, promises content on Vanessa — that's the channel's name — will be much more than just porn movies.

The French-language adult subscription channel is launching in Quebec for $14.95 a month in October, with an English-language counterpart promised for the rest of Canada in late 2011.

There's nothing shameful about Vanessa, Losique said in an interview. It's going to be a general-interest TV with a sexy twist.

She noted the channel will offer some hard-core material, but stressed that overall, it is going to be soft — a Canadian answer to Playboy Channel.

Recently, Christian nutters expressed 'outrage' that the Canadian Radio-television and Telecommunications Commission (CRTC) gave the green light to a national pay TV sex channel that will encourage and sustain a homegrown adult entertainment industry.

Losique said she understands religious groups' concerns, but said Vanessa is not a porn channel. There are enough of those already. That's not what we're interested in. She said X-rated movies will represent less than 10% of the programming aimed mostly at couples.

The channel will offer a range of erotic-themed dramas, reality shows, documentaries and variety and magazine shows. Losique said market studies have shown Quebec viewers want to learn something while watching X-rated content.

Ofcom are continuing their long term whinge abiout the free to air babe channels of the Bang Babes/Tease Me stable

Ofcom considered

• Bang Babes Tease Me 3, 16 January 2010, 03:20
• Bang Babes Tease Me, 17 January 2010, 00:30

Bang Babes is an adult sex chat service, owned and operated by Bang Channels Limited (Bang Channels or the Licensee) and available freely without mandatory restricted access on the channels Tease Me and Tease Me 3 (Sky channel numbers 912 and 959). Both channels are situated in the adult section of the Sky electronic programme guide (EPG). These channels broadcast programmes after the 21:00 watershed based on interactive adult sex chat services: viewers are invited to contact onscreen female presenters via premium rate telephony services (PRS). The female presenters dress and behave in a sexually provocative way while encouraging viewers to contact the PRS numbers.

Ofcom received a complaint about the following broadcasts. The complainant said that the content transmitted was too sexually explicit to be available without mandatory restricted access.

Ofcom considered

• Rule 1.18 ('Adult sex material' - material that contains images and/or language of a strong sexual nature which is broadcast for the primary purpose of sexual arousal or stimulation - must not be broadcast at any time other than between 2200 and 0530 on premium subscription services and pay per view/night services which operate with mandatory restricted access. In addition, measures must be in place to ensure that the subscriber is an adult)
• Rule 2.1 (the broadcaster must apply generally accepted standards)
• Rule 2.3 (offensive material must be justified by context).

Ofcom Decision

Having assessed this programme's content and purpose, Ofcom considered that the material broadcast constituted adult-sex material. Its broadcast, without mandatory restricted access, was therefore in breach of Rule 1.18.

Ofcom is concerned that the Licensee considers material, such as extensive genital and anal detail and simulated masturbation in a sexual context such as this, to be acceptable for broadcast without mandatory restricted access.

Ofcom concluded that this content was clearly not justified by the context and was in breach of generally accepted standards and therefore in breach of Rules 2.1 and 2.3 of the Code.

Daytime Babes

• The Pad Tease Me, 26 February 2010, 11:45
• The Pad Tease Me 3, 27 February 2010, 11:45
• Tease Me: Earlybird Tease Me TV (Freeview), 26 January 2010, 07:15

The Pad is a televised daytime interactive chat programme broadcast without mandatory restricted access. It is broadcast on the Tease Me and Tease Me 3 channels, which are located in the adult section of the Sky Electronic Programme Guide (EPG) on channel numbers 912 and 959. The channels are owned and operated by Bang Channels Limited (Bang Channels or the Licensee). Viewers are invited to contact onscreen female presenters via premium rate telephony services (PRS). The presenters generally dress and behave in a provocative and/or flirtatious manner.

Ofcom received a complaint about the above broadcast. The complainant was concerned that the presenter was shown exposing nipples on several occasions and considered the content inappropriate for the time of broadcast.

Ofcom considered

• Rules 1.3 (children must be protected from unsuitable material by appropriate scheduling)
• Rule 2.3 (offensive material must be justified by context).

Ofcom Decision

In Ofcom's opinion the sexual imagery shown to viewers during both daytime broadcasts had no editorial context other than sexual stimulation. It was therefore not editorially justified and so not appropriately scheduled and in breach of Rule 1.3.

In Ofcom's view the material broadcast at this time on this service exceeded generally accepted standards and was in breach of Rule 2.3 of the Code.

Considering Sanctions

Ofcom is presently considering the imposition of a statutory sanction against Bang Media (London) Limited and Bang Channels Limited for material transmitted between 20 June and 25 November 2009. In light of Bang Media and Bang Channels Limited's serious and/or repeated breaches of the Code and Condition 11 of their licences and their continued transmission of content which appears similar in nature to that which had been found in breach of the Code, Ofcom issued them with a Direction on 12 March 2010.

As a result of the serious and/or repeated nature of the breach recorded in this current finding, and those recorded against Bang Channels Limited elsewhere in this Bulletin, the Licensee is put on notice that this present contravention of the Code is also being considered for statutory sanction.

Taiwan's National Communications Commission (NCC) has reiterated that programming on adult TV channels is regulated by the Radio and Television Act and cannot show sexual intercourse or sex organs.

Any violation of the laws on obscenity will be reported to the Criminal Investigation Bureau, the NCC said, after discovering that some adult channels had broken the rules.

They were asked to improve the situation within three days, said Ho Chi-shen, the NCC's supervisor of TV programs.

According to Ho, adult TV channels are not allowed to broadcast any content beyond the R-rated category, and even some R-rated programming -- such as describing sexual behavior in detail -- is not allowed on the air.

Only nude pictures without showing sex organs or pubic hair, or pictures showing sex organs and pubic hair without involving sexual behavior that are necessary to the story, can be broadcast on television.

According to local media reports, the NCC asked 10 adult TV channels on May 1 not to broadcast images of sexual behavior such as touching sex organs, sexual abuse or using sex toys.

That led some encrypted channels and Chunghwa Telecom's MOD (Multimedia On Demand) channels to cut more explicit scenes or use mosaic blur to censor genitalia, sparking criticism from some of their customers.

Christians are 'appalled' that Ottawa is giving the green light to a Canadian pay TV pornography channel that will encourage and sustain a homegrown adult entertainment industry.

The channel, called Vanessa, will begin airing Oct. 28. Montreal-based Sex-Shop Television licensed the channel in 2007 as a national pay TV service. The licence requires Vanessa to air 20% of Canadian programming. But it's only now launching the French-language adult subscription channel in Quebec for $14.95 a month, with an English-language counterpart promised for the rest of Canada in late 2011.

Don Hutchinson, director of law and public policy for the Evangelical Fellowship of Canada, is 'outraged' that the Canadian Radio-television and Telecommunications Commission (CRTC) is in effect, supporting a pornography industry that will lure young Canadians.

We have an official government body saying that a pornography industry must exist in Canada, Hutchinson said: Studies have shown that there are various levels of corruption, from organized crime to engagement in human trafficking and prostitution that are all affiliated directly with the pornography industry. The types of violent and explicitly sexual portrayals that are displayed in pornography reduce people to objects, Hutchinson said. [perhaps better to turn people into objects rather than turning them into paedophiles, which seems to be where church sexual repression often leads].

The CRTC, Canada's TV watchdog, said the pornography channel must follow industry codes on violence and equitable portrayals of the sexes.

The new service, billed as Canada's Playboy Channel, promises a range of erotic-themed dramas, reality shows, documentaries and variety and magazine shows. The Quebec broadcaster also will broadcast its soft-core pornographic content in HD.

Canadian cable and satellite TV services already feature a host of XXX-rated pay TV adult content, but they source the programming from U.S. suppliers.

Hutchinson said the Canadian pornography station will be given some form of preference, likely a lower channel number that will result in higher viewership.

He also lamented that while the CRTC has approved new pornography channels, it also recently rejected two applications for Christian radio stations in the Ottawa area.

The Evangelical Fellowship of Canada will now try to convince Canadians not to subscribe to the Vanessa channel: If it goes on air and it doesn't have enough subscribers, then the channel will die of a natural death.

A new Ofcom watching blog has sprung into life at Wordpress. It introduces itself:

OFWATCH has been set up to monitor the actions of the numerous quangos that hinder out daily lives. It aims to expose the malpractice and injustice of these organisations whenever possible. OFWATCH poses the question why should the British taxpayer have to put up with such poor treatment?

And  starts off with a good rumour:

OFWATCH has received sketchy information that a Babe Channel (currently transmitting on Astra at 28E) is to launch a UK aimed service from another Euro satellite and also via the internet.

The decision is thought to come about following the continued hardening of Ofcom policy on soft erotic entertainment broadcasts.

More information will be posted on ofwatch.wordpress.com as it becomes available.

Canadian TV censor, the CRTC has approved an application by Sex-Shop Television which would allow the broadcaster to offer its adult pay television Vanessa in high definition (HD).

First approved by the CRTC in 2007, the adult pay television service has yet to make it to air in standard definition.

The station is the brainchild of Anne-Marie Losique, a French television host and producer whose stated goal is to produce a Canadian version of the Playboy Channel.

In her blog, Anne-Mairie who goes by her stage name AML, says she expects the station to be on air in August of this year. Previously she had stated the station would be on air in March of this year.

The seemingly well established encrypted softcore channel, Spice Extreme, on Sky has ceased to broadcast.

Channel 902 seems set to become another free to air channel for the Bang Babes group.

I did spot a message on a forum saying that Spice Extreme was taking a break until 1st July.

I can't help but think that the ever improving internet hardcore on demand is steadily driving the subscription softcore TV offerings out of the market. The free babe channels seem to be picking up the pieces of the UK adult TV market. Perhaps 'free' is a better customer valuation of the worth of UK softcore than £12 a month.

Update: Adult Channel and Playboy TV ban recording

29th March 2010. Based on article from bgafd.co.uk

First we lost Spice TV to have it replaced by TopShelf TV (formerly the Paul Raymond channel) where the good bits are mostly cut out and there is pretty much no boy/girl material...

... then the channel changes so you need to enter your pin to view and you can't record anything...

... and now you need to enter a pin for PlayboyTV and the Adult Channel along with also not being able to record those channels either!

Are they seriously trying to loose customers?

The UK TV Censor, Ofcom, has issued a final warning about the sexy content of the Tease Me babe channels

Bang Channels Ltd is licensed by Ofcom to provide the services known as Tease Me, Tease Me 2, Tease Me 3. Bang Media (London) Ltd is licensed by Ofcom to provide the service on Freeview known as Tease Me TV.

Ofcom has recently published in Broadcast Bulletins 151, 152 and 153 various breaches of the Broadcasting Code against each of Bang Channels and Bang Media. Ofcom also published various breaches of Condition 11 (retention and production of recordings) of their Licences. Since these breaches were serious and repeated, Bang Channels and Bang Media were warned that Ofcom was considering these contraventions for statutory sanction.

Despite these published findings, Ofcom is concerned that Bang Channels and Bang Media are continuing to transmit content that is in breach of the Code in that it appears similar in nature to that already found in breach of the Code on a number of occasions.

Ofcom therefore on 12 March 2010 issued formal directions against each of Bang Channels and Bang Media requiring them:

• to comply forthwith with the Broadcasting Code (in particular sections 1 and 2) and Condition 11 of their licences (retention and production of recordings);
• to stop transmitting forthwith any content which is materially similar to that already found in breach of the Broadcasting Code by Ofcom; and
• immediately to confirm these actions to Ofcom in writing.

Failure to comply with a Direction given by Ofcom could give rise to consideration of a statutory sanction and may result in the revocation of relevant licences.

The possibility of MultiChoice broadcasting pornography has been laid to rest.

The company has decided against broadcasting pornography and the possibility of new sex channels on DStv's satellite service.

Since the end of last month, several nutter groups have had predictably vehement reactions against the idea.

MultiChoice has announced that it had studied research data compiled by means of a subscriber survey to determine how viewers feel about adult content on pay TV channels. According to a statement, the research showed that a significant percentage of subscribers are opposed to adult channels, while some don't mind, and another significant percentage are in favour.

Nolo Letele, MultiChoice chief executive, said it's a pity that people interpreted the research as if the decision had already been made. According to him, such research often includes questions about content which has been requested by subscribers, or channels which are popular abroad: The survey three weeks ago focussed on adult content since our industry will soon be facing competition in South Africa.

Bang Babes is an adult sex chat service, owned and operated by Bang Channels Limited, and available freely without mandatory restricted access on the channels Tease Me and Tease Me 3 (Sky channel numbers 912 and 959). Both channels are situated in the adult section of the Sky electronic programme guide (EPG). These channels broadcast programmes after the 21:00 watershed based on interactive 'adult' sex chat services: viewers are invited to contact onscreen female presenters via premium rate telephony services (PRS). The female presenters dress and behave in a sexually provocative way while encouraging viewers to contact the PRS numbers.

Ofcom have published another set of multiple whinges about these programmes:

Bang Babes, Tease Me, 7 November 2009, 23:30

Ofcom noted that the broadcast featured two presenters. Both women were topless. The presenter in black was shown apparently licking and spitting on the other presenter's genital area. She also pulled down the other presenter's thong, pulled her buttocks apart and licked her anal area. During the broadcast the presenter in black was shown bent over on all fours with her thong moved to the side to briefly reveal her genital area. The presenters licked and sucked each other's breasts. The broadcast also included close up shots between the presenters' legs while they apparently touched and rubbed each other's genital area.

Bang Babes, Tease Me, 13 November 2009, 23:00

Ofcom noted that the broadcast featured a presenter wearing a black thong and black stockings. Her top was pulled down to reveal her breasts. During the broadcast she adopted various sexual positions, including kneeling on all fours with her buttocks to camera and also lying on her back with her legs spread wide apart. While doing so the presenter repeatedly: pulled her buttocks apart to reveal her anus and genital area; spat on her fingers and vigorously rubbed saliva around her anal and genital area and rubbed her thong against her genitals; opened her legs to expose extensive labial detail; mimed the insertion of an object into her anus and the performance of oral sex on a man using her fingers; and spat saliva over her breasts.

Bang Babes, Tease Me, 24 November 2009, 22:00- 23:59

This broadcast featured two presenters. One presenter was wearing black fishnet stockings and a black thong. She was not wearing a top. The other presenter was wearing a red bra pulled down to expose her breasts, a red thong and red 9 stockings with large holes in them. During the broadcast the presenters were shown apparently licking each other's genital and anal area in a realistic way and on one occasion this act was carried out while one of the presenters had pulled her thong to the side. The presenters also licked each other's breasts, spat into each other's mouths and apparently simulated masturbation on each other in a realistic way by rubbing each other's genital area. The presenter in black was also shown miming oral sex using a phone and lightly slapping the other presenter across the face.

Bang Babes, Tease Me, 25 November 2009, 00:00 - 05.30

This broadcast also featured two presenters. One presenter was wearing a skimpy pink thong, pink socks and pink fingerless gloves. Her pink bra was pulled down to expose her breasts. The other presenter was wearing a skimpy red thong and black fishnet stockings. Her black fishnet top was pulled down to show her breasts. During the broadcast the presenter wearing pink pulled the other presenter's thong to the side and briefly but clearly inserted a lollypop into her vagina. The two presenters then sucked the lollypop. In addition, the presenters were shown bent over on all fours at various times, and due to the skimpy thongs they were wearing genital and anal detail was shown. The presenters touched and apparently licked each other's genital and anal areas in a realistic way. The presenters were also shown: miming the insertion of an object into their anus; miming oral sex using their fingers and a phone; spanking each other; and licking each other's breasts.

Promotion of the www.bangbabes.tv website address

In addition, after viewing the content complained of Ofcom noted that during all four broadcasts the website www.bangbabes.tv was promoted. When accessed by Ofcom this website featured images of a strong sexual nature equivalent to BBFC R18-rated material (R18-rated equivalent material) which could be readily viewed without appropriate protections.

Ofcom considered:

• Rule 1.24 ('adult-sex' material is restricted to overnight services with mandatory restricted access)
• Rule 2.1 (generally accepted standards)
• Rule 2.3 (material which may cause offence must be justified by context) of the Code.

And predictably Ofcom found that all of these rules had been Breached

Ofcom also had a whinge about the following programmes where recordings weren't made available.

Tease Me, 31 October 2009, 00:00-05.30
Tease Me 3, 31 October 2009, 00:00-05.30
Tease Me, 5 November 2009, 00:00-05.30
Tease Me, 15 November 2009, 00:00-05.30
Tease Me 2, 24 November 2009, 22:00- 23:59

The Licensee said that on 30 November 2009 Ofcom requested recordings of five separate transmissions representing over twenty hours of broadcast footage. It added that it has invested heavily in developing off-air recording technology, which would facilitate the making of recordings. However, it stated that even the most advanced and robust of systems would have huge difficulty downloading over twenty hours of video footage.  It estimated that Ofcom's request cost its compliance team over eighty man hours or two working weeks.

So Ofcom also recorded a Breach of Licence Condition 11 (Retention and production of recordings)

Ofcom ended with the note:

On 8 February 2010 in Broadcast Bulletin 151 Ofcom published a number of breaches of the Code against Bang Channels Ltd. On 22 February 2010 in Broadcast Bulletin 152, Ofcom published further breaches of the Code. Broadcast Bulletin 152 also contained breach findings recorded against another Licensee, Bang Media (London) Ltd. These decisions relate to Bang Media's channel on Freeview, Tease Me TV. In the current Broadcast Bulletin (153) Ofcom has published further breaches of the Code.

Ofcom considers these breaches to be both serious and repeated. As is made clear in Broadcast Bulletins 151, 152 and 153 these breaches are serious and/or repeated and are therefore being considered by Ofcom for statutory sanction. Bang Media and Bang Channels are controlled by the same person and all editorial compliance decisions regarding both Bang Media and Bang Channels are taken by one compliance team.

For these reasons Ofcom will consider for sanction together all serious and/or repeated Code or licence breaches for which Bang Media and Bang Channels are responsible.

Comment: Look Again Ofcom

11th March 2010. from IanG

Ofcom said: "In addition, after viewing the content complained of Ofcom noted that during all four broadcasts the website www.bangbabes.tv was promoted. When accessed by Ofcom this website featured images of a strong sexual nature equivalent to BBFC R18-rated material (R18-rated equivalent material) which could be readily viewed without appropriate protections".

This is still an outright LIE Ofcom. There was/is no such material on this site available without a credit card and age verified subscription. And more to the point, YOU'RE not qualified nor empowered by law to make any such judgements. Strong sexual material means real, unsimulated, explicit sex acts - that's according to the BBFC's clear, concise, published guidelines. There was/is NO such material on this site available to anyone who isn't a verified adult subscribing member.

YOU need a refresher in what R18 ACTUALLY looks like Ofcom, because clearly, you've got some very strange and incorrect ideas about it.

Friendly TV, 3 April 2009 to 5 July 2009 Bedroom TV, 4 April 2009 to 22 April 2009

Both Friendly TV and Bedroom TV provide daytime chat and (post watershed) adult sex chat services encouraging viewers to call a premium rate service (PRS) telephone number and talk to an onscreen presenter.

Bedroom TV ceased broadcasting in November 2009. Friendly TV ceased broadcasting in January 2010.

Springdoo Media Ltd owns and operates the television service Friendly TV.  User Generated Broadcasting Ltd owns and operates the television service Bedroom TV. Springdoo Media Limited and User Generated Broadcasting Limited are sister companies under common ownership and control. All editorial compliance decisions regarding the companies were taken by a centralised compliance team.

On 26 February 2010, Ofcom published its decision to impose a statutory sanction on Springdoo Media Limited in respect of its Friendly TV service, for seriously and repeatedly breaching the Ofcom Broadcasting Code and for failing to comply with condition 11 of its Television Licensable Content Service Licence (licence). Ofcom also published its decision to impose a statutory sanction on User Generated Broadcasting Limited in respect of its Bedroom TV service, also for failing to comply with condition 11 of its licence.

Summary of Decisions

Springdoo Media Limited (owner of Friendly TV) was found in breach of the following Code rules:

• Rule 1.6: transition to more adult material post-watershed
• Rule 2.1: generally accepted standards
• Rule 2.3: material that may cause offence must be justified by context.

Ofcom found Springdoo Media Limited in breach of these rules due to the following conduct:

• Broadcasting strong and explicit sexual images which were not suitable for broadcast in the period immediately following the 21:00 watershed on a service which was freely available to view without access restrictions (breach of Rule 1.6). The broadcast of such images, so close to the watershed, caused serious concern for Ofcom.
• Broadcasting sexual material that would have exceeded the expectations of viewers watching a channel without access restrictions, especially those who may have come across this content unawares (breaches of Rules 2.1 and 2.3).

Ofcom imposed a financial penalty of £6,000 in respect of these Code breaches by Springdoo Media Limited.

Springdoo Media Limited (owner of Friendly TV) and User Generated Broadcasting Limited (owner of Bedroom TV) were also both found in breach of  Licence Condition 11: The Licensee shall adopt procedures acceptable to Ofcom for the retention and production of recordings in sound and vision of any programme which is the subject matter of a Standards Complaint

Ofcom imposed financial penalties on Springdoo Media Limited and User Generated Broadcasting Limited of £6,000 and £12,000 respectively for breaches of condition 11 of their licences.

In total, Ofcom imposed a total financial penalty of £24,000.

DStv, the South African satellite pay-TV is considering broadcasting pornography in one if its channels or creating a new channel, Die Burger newspaper reports.

The newspaper reports that MultiChoice has been immersed with requests for adult entertainment on DStv.

Jackie Rakitla, general manager of corporate affairs at MultiChoice, is quoted as saying: At this stage we're merely doing research to determine the extent of interest in adult content, and we're looking at the feasibility of implementing such a service.

MultiChoice is looking different broadcasting options, such as the broadcasting of mixed pornography - hardcore porn between 21:00 and 05:00 and soft porn between 05:00 and 21:00 – or hardcore porn 24 hours per day, or soft porn 24 hours per day on DStv.

Nutters Unimpressed

Based on article from mg.co.za

If DSTV went ahead with plans for a channel featuring pornographic content, it would be like pouring fuel on the fires of sexual abuse and exploitation, the Christian Action Network have claimed.

CAN international coordinator Taryn Hodgson said in a statement that considering the high incidents of rape, child abuse and sexual violence against women, it was unacceptable for DSTV to be be considering a porn channel.

Should DSTV introduce such a channel they would be supporting those that exploit, objectify and degrade women, she said: Porn violates women's constitutional rights to dignity and equality.

CAN has urged its affiliates, who are DSTV subscribers, to fill in the channel's online survey on the issue. Should DSTV go ahead with such a channel, the Christian Action Network will urge its affiliates to cancel their DSTV subscriptions, Hodgson said.

Update: Ministry of No Fun

9th March 2010. Based on article from eyewitnessnews.co.za

IMinister of Women, Children and Persons with Disabilities Noluthando Mayende-Sibiya said she would fight the launch of a DSTV pornography channel.

I think melonfarmers maybe interested to know a group of members at www.babeshows.co.uk forum and myself are launching a new campaign/organisation to represent adult viewers in the UK.

We are calling ourselves BACVA (Babe and Adult Channel Viewers Association) and our campaign blogsite is at www.bacva.blogspot.com.

We would welcome anyone interested in improving the rights of adult viewers to view adult material on UK TV to join us.

From www.bacva.blogspot.com

Re Ofcom's ongoing assault on Babe channels

Ofcom's hypocrisy is self-evident. Of the dozens of hardcore channels available in the UK via non-$ky satellite systems, Ofcom have proscribed (banned) just one in the last 5 years, despite the fact these systems have no mandatory PIN protections and children under 18 could easily access them. Moreover, Ofcom received over 30,000 complaints re the BBC airing Jerry Springer: The opera and did nothing, nada, zip, ziltch. Yet they get ONE complaint from some over-sensitive desexualised cretin and launch a full frontal attack on programmes many tens of thousands of people are quite happy with. It's not Democratic, balanced or remotely right. Indeed, it is discriminatory and likely illegal sexual discrimination on the grounds of our orientation toward open acceptance of sexually explicit material in favour of those who wish to restrict and control our enjoyment of life - there's a reason many of us are angered by Ofcom's actions, and this is it! Our rights are being ignored and abused!

Bang Babes is an adult sex chat service, owned and operated by Bang Channels Limited, and available freely without mandatory restricted access on the channels Tease Me and Tease Me 3 (Sky channel numbers 912 and 959). Both channels are situated in the adult section of the Sky electronic programme guide (EPG). These channels broadcast programmes after the 21:00 watershed based on interactive 'adult' sex chat services: viewers are invited to contact onscreen female presenters via premium rate telephony services (PRS). The female presenters dress and behave in a sexually provocative way while encouraging viewers to contact the PRS numbers.

Ofcom have published multiple whinges about these programmes:

Bang Babes, Tease Me 3, 30/31 October 2009, 23:20 to 00:20

The complainant said the content included in the programme was too sexually explicit to be available without mandatory restricted access.

Bang Babes, Tease Me 3, 7 November 2009, 21:45 to 22:30

The complainant here was concerned that the presenter was wearing inadequate underwear which resulted in images of her anus being shown.

Bang Babes, Tease Me, 13/14 November 2009, 23:45 to 00:30

The complainant was concerned that the broadcast included prolonged graphic and intrusive images of vaginal and anal detail, and of simulated masturbation.

Promotion of the www.bangbabes.tv website address – for all broadcasts

In addition, after viewing the content complained of Ofcom noted that during all three broadcasts the website www.bangbabes.tv was promoted. When accessed by Ofcom this website featured images of a strong sexual nature equivalent to BBFC R18-rated material (R18-rated equivalent material) which could be readily viewed without appropriate protections. Although this R18-rated equivalent material was not broadcast on-air, Ofcom was concerned that it appeared on a website being promoted on Ofcom licensed services freely available without mandatory restricted access from 21:00.

Ofcom considered:

• Rule 1.241 ('adult-sex' material is restricted to overnight services with mandatory restricted access)
• Rule 2.1 (generally accepted standards)
• Rule 2.3 (material which may cause offence must be justified by context) of the Code.

And predictably Ofcom found that all of these rules had been Breached

Ofcom also had a go at The Pad, the daytime equivalent to Bang Babes

The Pad Tease Me, 6 November 2009, 12:00 to 13:00 and 14:00 to 15:00

The Pad is a televised daytime interactive chat programme broadcast without mandatory restricted access. It is broadcast on the Tease Me channel, which is located in the adult section of the Sky Electronic Programme Guide (EPG) on channel number 912. Tease Me is owned and operated by Bang Channels Limited (Bang Channels or the Licensee). Viewers are invited to contact onscreen female presenters via premium rate telephony services (PRS). The presenters generally dress and behave in a provocative and/or flirtatious manner.

The complainant suggested that the material broadcast was too strong for transmission at these times.

Ofcom viewed the material and noted that both broadcasts featured the same presenter. On both occasions she was wearing skimpy black PVC knickers and a skimpy boob tube top with Playmate written on it. During both broadcasts she was shown lying on her back with her legs wide open for prolonged periods of time. While doing so she repeatedly gyrated and thrust her pelvis as though miming intercourse. While in this position the presenter also stroked her stomach and pulled down the side of her knickers in a sexually provocative manner. The presenter also lay on her front during the programmes for prolonged periods of time. While in this position she pulled down her knickers to reveal the top of her bottom, and also raised her bottom in the air and repeatedly gyrated her pelvis in a sexual manner.

Ofcom found this programme to be in breach of

• Rule 1.3 (children must be protected from unsuitable material by appropriate scheduling).

Ofcom found more examples

TMTV Tease Me TV (Freeview), 3 November 2009, 05:00

Also found in breach of Rules 2.1 and 2.3

Ofcom also wanted to have a whinge about:

Bang Babes Tease Me TV (Freeview), 23 November 2009, 3:00

Early Bird Tease Me TV (Freeview), 23 November 2009, 7:30

But recordings were not available so Ofcom had a whinge about that instead.

And Ofcom re-affirmed their intention to punish Bang Media for these transfressions:

Ofcom explained in Broadcast Bulletin 151 that as a result of these breaches, it was notifying the licensee that it was considering the imposition of statutory sanctions.  In the current Broadcast Bulletin (152), Ofcom has published further breaches of the Code as regards services for which Bang Channels holds the licences, Tease Me and Tease Me 3.

As is made clear in Broadcast Bulletins 151 and 152, these breaches are serious and/or repeated and are therefore being considered by Ofcom for statutory sanction.

Bang Media and Bang Channels are controlled by the same person and all editorial compliance decisions regarding both Bang Media and Bang Channels are taken by one compliance team, For these reasons Ofcom will consider for sanction together all serious and/or repeated Code or licence breaches for which Bang Media and Bang Channels are responsible.

Party People
Get Lucky TV, 29 November 2009, 17:25

Party People is an interactive chat programme where viewers can contact the onscreen presenters via a premium rate telephone or text number ('PRS'). Generally, the female presenters dress and behave in a provocative and/or flirtatious manner.

Party People is broadcast in the adult section of the Sky electronic programme guide ('EPG') and is freely available without mandatory restricted access.

Ofcom received a complaint from a viewer who was concerned that the behaviour and attire of one of the presenters was unsuitable for the time of broadcast in the late afternoon. Ofcom noted the presenter in question wore a pair of knickers and a halter-neck bikini top and lay variously on her front and side, facing the camera. During the broadcast, she pulled the side of her knickers down towards her upper thighs, stroked her body and appeared to mime sexual activity.

Ofcom considered Rule 1.3 (children must be protected by appropriate scheduling from material that is unsuitable for them).

Ofcom Decision: Breaches of Rule 1.3

Rule 1.3 makes clear that children should be protected from material which is unsuitable for them by appropriate scheduling. The behaviour of presenters for daytime chat services must not appear to mimic or simulate sexual acts before the watershed.

In this case the presenter was dressed in knickers and a halter-neck bikini top and was shown lying on her front, facing towards the camera. The presenter occasionally lay on her side and tucked her thumb under her knickers to pull them down to the top of her thigh. The broadcast contained numerous close-up, panning shots of her body, including of her cleavage and groin. The presenter also: thrust her hips and pelvis as though miming sexual activity; rubbed her hand over her thighs and bottom; arched her back to emphasise her breasts, and opened her legs while lying on her side.

In Ofcom's view the actions of, and positions adopted by, the presenter were intended to be sexually provocative in nature. The material was therefore not editorially justified, and Ofcom considered clearly unsuitable for children.

Ofcom has made clear that the location of a channel in the adult section of the Sky EPG, available freely without mandatory restricted access, does not in itself provide adequate protection to under-eighteens form inappropriate material. Therefore the material was in breach of Rule 1.3.

Elite Days 4-25 November 2009, 09:00 - 19:45
Elite Nights 2 October 2009, 22:00

The channels Elite TV and Elite Days are owned and operated by Prime Time TV Limited. The Channels broadcast interactive chat programmes that are freely available and without mandatory restricted access. They are located in the adult section of the Sky Electronic Programme Guide (EPG). Elite is situated on Channel 911 of the EPG and Elite TV at Channel 965 of the EPG. Viewers can contact the onscreen female presenters via a premium rate telephone or text number (PRS). Generally the female presenters dress and behave in a provocative and/or flirtatious manner.

Ofcom received complaints about several programmes on the Channels.

On viewing the daytime material Ofcom noted that the presenter, seated on a sofa and dressed in a low cut gold lamé swimsuit and black high heeled shoes, had her legs wide apart while repeatedly stretching one leg above her head allowing viewers a more open shot of her crotch area. In addition, there were sequences in which the camera, in close-up, focused on the presenter's crotch while the presenter slowly gyrated her pelvis.

In another broadcast the same presenter was seen in two sequences. Firstly she was dressed in black PVC underwear and subsequently she wore a blue swimsuit with knee length stiletto heeled boots. In both sequences she was positioned on a sofa with her legs apart. In the second sequence she was seen thrusting her buttocks for prolonged periods.

Re Post 21:00 watershed Elite Nights, Ofcom received a complaint that during this programme footage showed the presenter's underwear being pulled aside revealing exposure of genitals.

Ofcom viewed the material and noted that the presenter, wearing a gold lamé swimsuit on several occasions pulled her underwear aside and exposed her genital area. In addition Ofcom noted prolonged close up shots of the presenter with legs wide apart and sequences where she placed her hands inside her underwear.

Ofcom considered:

• Rule 1.3 – Children must...be protected by appropriate scheduling from material that is unsuitable for them
• Rule 2.3 – In applying generally accepted standards broadcasters must ensure that material which may cause offence is justified by the context.

Ofcom Decision: Breaches of Rules 1.3 and 2.3

Daytime Programming:

Ofcom's concerns centred on sequences such as the presenter seen sitting on a sofa with her legs apart in a sexually suggestive pose. The manner in which she raised one leg above her head, making the crotch area more visible was particularly suggestive. In addition Ofcom was concerned with the way in which the camera panned slowly over her body and lingered for lengthy periods on her crotch. While this was happening, the presenter gyrated her hips in a way which in Ofcom's opinion was sexually provocative and inappropriate for this time of day.

Rule 1.3 makes clear that children should be protected from material which is unsuitable for them by appropriate scheduling. The behaviour of presenters for daytime chat services must not at any time appear to mimic or simulate sexual acts before the watershed. In all of these cases the female presenters dressed in skimpy underwear, adopted various sexual positions and made the sexually suggestive gestures described above. This was not editorially justified.

In Ofcom's view the repeated actions and sexual positions of the presenter were intended to be sexually provocative in nature. In light of this behaviour, together with its lack of editorial justification, this material was clearly unsuitable for children and breached Rule 1.3.

Post 21:00 watershed:

Ofcom then considered the programme broadcast after the 21:00 watershed in light of Rule 2.3. The type of behaviour and images that concerned Ofcom included numerous instances of extreme close ups of the presenter's bottom as well as the genital areas with outer labial area visible. The strength of these images was increased by the presenter's behaviour in lifting up the thin piece of her swimsuit which covered her anus. In addition the presenter repeatedly bunched up the material at the front crotch area of her swimsuit so that her genital area was partly visible. Also, Ofcom had further concerns about some of the actions of the presenter. These included prolonged close up shots of the presenter with legs wide open and sequences involving the presenter placing her hands inside her swimsuit and apparently touching her genitals.

In Ofcom's view, the strongly suggestive nature of this material together with the overtly sexual behaviour of the presenter was such that it went beyond generally accepted standards. Given the strength of the content, Ofcom also notes the possibility of viewers at this time coming across this material unawares. Ofcom therefore concluded that this offensive content was not justified by the context and so went beyond what could be considered generally accepted standards. It was therefore in breach of Rule 2.3 of the Code.

Ofcom has had a meeting with this Licensee to explain the concerns it has over the broadcaster's compliance. Prime Time TV Limited should note that further breaches may result in Ofcom taking further regulatory action.

Bang Babes Tease Me,
20-23 June 2009, 00:00 to 02:45 approximately

Bang Babes is an adult sex chat service, owned and operated by Bang Channels Limited, and available freely without mandatory restricted access on the channel Tease Me (Sky channel number 912).

It is situated in the adult section of the Sky electronic programme guide (EPG). The channel broadcasts programmes after the 21:00 watershed based on interactive adult sex chat services: viewers are invited to contact on-screen female presenters via premium rate telephony services (PRS). The female presenters dress and behave in a sexually provocative way while encouraging viewers to call the PRS telephone line.

Ofcom noted that the programme contained a range of strong sexual material including some graphic images of a sexual nature.

20th June between 01:15 and 02:10 the broadcast featured three female presenters. Two of the presenters were wearing only thongs and the other presenter was wearing a thong and a bra, however her breasts were exposed as she pulled her bra down below her breasts. At various times during this broadcast the three presenters were shown carrying out or participating in a number of sexual acts. These included: close up shots of three presenters licking each other's breasts; touching and licking each other's genital and anal areas; and one presenter was shown simulating in a realistic way the insertion of her fingers into a co-presenter's anus. Anal and genital detail of the various presenters was also featured on a number of occasions.

Later two other presenters were shown carrying out or participating in a number of sexual acts. These included: one presenter bunching her thong around her genitals while the other licked around her genital area; simulating oral sex on each other; sucking and licking each other's breasts; spitting on their own and each other's breasts; and spitting near each other's genital and anal areas. Anal and genital detail of the various presenters was also featured on a number of occasions.

Later there were four presenters in shot. One of the new presenters was wearing a skimpy black thong and a black vest top, with her breasts exposed. The other was wearing a black thong and bra with her breasts exposed also. The four presenters split into pairs and were shown simulating masturbation and oral sex on each other in a realistic way. This was followed by four presenters simultaneously opening their legs to camera and simulating masturbation (touching their genital area). One presenter then appeared to lick the genital area of all the other presenters in turn.

Similar material was broadcast in subsequent nights programming

Ofcom considered Rules:

• 1.24 'adult-sex' material is restricted to overnight services with mandatory restricted access
• 2.1 generally accepted standards
• 2.3 material which may cause offence must be justified by context.

Ofcom Decision: Breach of Rules 1.24, 2.1 and 2.3

Rule 1.24 of the Code requires adult-sex material to be broadcast only between 22:00 and 05:30, and then only if mandatory restricted access is in place.

Through a series of published findings, and published decisions of the Content Sanctions Committee, Ofcom has made clear what constitutes adult-sex material

In considering the contents of each of these programmes Ofcom asked itself two questions:

• was the content of the programme adult-sex material
• did the broadcaster take appropriate steps to ensure that it was provided with sufficient contextual justification so as to ensure that it fell within generally accepted standards.

In relation to Rule 1.24, Ofcom examined the content of this broadcast and considered that it was of a very strong sexual nature and on some occasions explicit images of genital and anal detail. For example, the broadcast showed a presenter simulating in a realistic way the insertion of her fingers into a co-presenter's anus; images of presenters licking each other's genital areas; presenters spitting between and on each other's breasts and spitting on or near each other's genital and anal areas. Ofcom took account of the fact that the sequences were several minutes each in duration, and in some cases, were repeated.

In Ofcom's view, the primary purpose of broadcasting this material was clearly sexual arousal. Having assessed the programme's content and purpose, Ofcom considered that the material broadcast constituted adult-sex material. Its broadcast, without mandatory restricted access, was therefore in breach of Rule 1.24.

Ofcom is concerned that the Licensee considers material, such as genital detail and simulated masturbation, to be acceptable to broadcast after 22:00. Ofcom is also particularly concerned that the Licensee appears to have formed this view based on Ofcom's published decision regarding Bang Babes, Tease Me 2, 17 March 2008; 21:00–22:00 (Broadcast Bulletin Issue number 120), which states that such content in that particular broadcast was not suitable before 22:00.

In Ofcom's opinion by stating content is not suitable before a particular time does not therefore suggest it is automatically acceptable to broadcast later. Ofcom considers broadcast content on a case by case basis as contextual factors may differ, particularly regarding the nature of the content.

Ofcom then went on to consider whether the broadcast was also in breach of Rules 2.1 and 2.3 of the Code. In light of Ofcom's view that this material constituted adult sex material and therefore unsuitable for broadcast without mandatory restricted access, the broadcast was clearly capable of causing considerable offence. Ofcom therefore examined the extent to which there were any particular editorial or contextual factors that might have limited the potential for offence.

Ofcom noted that the programme was broadcast along time after the watershed and that viewers tend to expect stronger sexual material to be shown later at night. Ofcom also took account of the fact that the channel was positioned in the adult section of the Sky EPG and that viewers tend to expect the broadcast of stronger sexual material on channels in this section of the EPG than would be expected to be included on other channels. However, in this case, given the prolonged and frequent scenes of a very strong sexual nature and the inclusion of explicit images of genital and anal details (provided for the purpose of sexual arousal) the time of broadcast and location of the channel were not sufficient to justify the broadcast of the material shown was so strongly sexual that it would have exceeded the likely expectation of the vast majority of the audience.

Ofcom concluded that this content was clearly not justified by the context and was in breach of generally accepted standards. This broadcast was also therefore in breach of Rules 2.1 and 2.3 of the Code.

Ofcom has notified the Licensee that it is considering these contraventions of the Code for statutory sanction in light of their seriousness and/or repeated nature.

We're barely into the new decade and already reading about freedom issues in Italy is like scanning a long war bulletin. The situation was poor 20 years ago, but it has worsened since Prime Minister Silvio Berlusconi's entrance in politics. In the last six months it has taken the steepest downhill path one could imagine. In the 80s and '90s Berlusconi's television channels represented editorial innovation and business success. But in the last 10 years Italian's appetite for the Berlusconi style of programming has waned.

No doubt prompted by the economic success of Murdoch's Sky Italia satellite platform, Berlusconi has begun using his government to pass laws that damage Sky TV to the sole advantage of the bottom line of his TV media empire. He is passing laws to protect his privacy, while at the same time classifying as top secret information about illegal wiretaps on intellectual and political leaders of the opposition. Nevertheless, during his recent visit to Israel, Berlusconi accused the Italian press of orchestrating the harshest ever media campaign against a prime minister.

In a law which took effect last week, movies and shows forbidden to under 14s will be banned on any TV platform up to 10.30 pm, even if it's pay per view. This is a clear blow to Murdoch's Sky, as they have just launched a series of pay-per-view 24/7 porn channels. Looking through this legislation I realised something funny: while movies like Grease are to banned, live shows with almost naked girls will still be legally broadcasted. In fact this law was always in place, it has just been extended to the new satellite platform, but as an Italian I had never noticed its impact, as I am pretty used to seeing semi-erotic dances on most of Italian channels, at any time of the day. Indeed, Berlusconi made his fortune on "immoral" TV. As an anonymous commenter wrote on the site of Republica, if this law was to be respected, we would need to shut down all of Berlusconi's television stations from 7am to 10.30 pm.

...Read full article

Italian Prime Minister Silvio Berlusconi has proposed new media rules would forbid the sale of pay-per-view pornography and other adult programming during daylight hours, a measure that would hurt revenue at News Corp.'s Sky Italia.

Rupert Murdoch's Italian satellite unit is the country's largest pay-television service and has five pay-per-view channels with adult content during the day and 22 at night. Sky Italia had 45 million euros ($63 million) in sales from porn programming, half of all pay-per-view revenue, according to a report in October in L'Espresso magazine.

Berlusconi is the country's biggest media owner and controls Mediaset, the largest private TV broadcaster and a Sky Italia competitor.

This rule goes against personal freedom, Marco Crispino, chief executive officer of pay-per-view sports and porn broadcaster Conto TV, said in an interview. The Cascina, Italy-based company's porn channel is going rather well, but if they block transmission it would hurt us economically. We made investments, bought broadcast rights, Crispino said.

Undersecretary of Communications Paolo Romani promised to change the regulations, Luca Barbareschi, a lawmaker in Berlusconi's People of Liberty party, said late yesterday in an interview: They need to be changed because they are a folly, Barbareschi, who is also a film star, said. We can't make rules that favor just one person, he said, referring to Berlusconi.

The regulations would lower the number of advertising minutes per hour allowed on pay-TV channels to 12 from 18 by 2012, while Mediaset's free-to-air broadcast channels will be able to increase advertising minutes to 12 from 6 per hour. That would also limit revenue at Sky Italia.

Update: Media regulator criticises censorship bill

27th January 2010. Based on article from google.com

An Italian government decree seeking to regulate video content on television and the Internet drew criticism from the head of Italy's telecommunications regulator, media reports said.

The new regulations, set for approval on February 5, would require satellite TV channels to obscure pornographic content during daytime and may require websites hosting video to seek a licence from the communication ministry.

The pre-emptive authorisation (of web video) ends up being a bureaucratic filter, said Corrado Calabro, head of the telecommunications authority.

The new rules have already incensed opposition and telecoms industry figures.

Former communications minister Paolo Gentiloni, an opposition politician, called it a real scandal, peppered with gifts to Mediaset, the television group owned by Prime Minister Silvio Berlusconi, by hobbling suppliers of alternative entertainment at a time when Mediaset's audiences are shrinking.

Google, owner of YouTube, has expressed concern over the decree, saying it amounts to censorship and would subject the video-sharing website to the same responsibilities as a television network newscast.

Top Shelf TV, 17 September 2009, 16:45

Top Shelf TV is owned and operated by Playboy TV UK/Benelux Limited. Top Shelf TV is a televised interactive chat channel available freely without mandatory restricted access. The channel is situated in the adult section of the Sky Electronic Programme Guide (Sky EPG) on Channel 911. Viewers can call a premium rate telephone number and talk to onscreen female presenters. The presenters generally dress and behave in a provocative and/or flirtatious manner.

On 17 September 2009 routine Ofcom monitoring raised concerns about some material broadcast on Top Shelf TV before the watershed at 16:45. A woman, dressed in skimpy black underwear, stockings, suspenders and stilettos repeatedly lay on her back facing the camera with her legs spread wide apart for prolonged periods of time. While doing so she repeatedly thrust her groin area in close-up to camera as though miming intercourse, and stroked and caressed her body in a sexually provocative manner. This material was presented with background music.

Given the time of broadcast in the late afternoon and that it was available without any access restrictions,

Ofcom considered Rule 1.3 (children must be protected by appropriate scheduling from material that is unsuitable for them).

Ofcom Decision: In breach

The behaviour of presenters for daytime chat services must not at any time appear to mimic or simulate sexual acts before the watershed. In this case the female presenter dressed in skimpy underwear adopted various sexual positions including lying on her back with her legs wide open for prolonged periods of time and thrusting her groin repeatedly in close up to camera as though miming sexual intercourse, while stroking her thighs and buttocks. In Ofcom's opinion the sexual imagery shown to viewers had no editorial context other than sexual stimulation. It was therefore not editorially justified. In Ofcom's view the repeated actions and sexual positions of the presenter were intended to be sexually provocative in nature. In light of this behaviour, together with its lack of editorial justification, in Ofcom's view (and admitted by Playboy) this material was clearly unsuitable for children.

Given the sexual nature of the content, the location of the channel in the adult section of the EPG and its scheduling at 16:45 were not sufficient to provide adequate protection to prevent children from viewing this material. Ofcom has repeatedly made clear that the location of a channel in the adult section of the Sky EPG, available freely without mandatory restricted access, does not in itself provide adequate protection to under-eighteens from inappropriate material. Therefore the material breached Rule 1.3

Live 960, 11 September 2009, 22:00

Live 960 is owned and operated by Hoppr Entertainment Limited (Hoppr Entertainment). Live 960 is a daytime chat and adult sex chat channel service available freely without mandatory restricted access. The channel is situated in the adult section of the Sky electronic programme guide (EPG). The channel broadcasts programmes after the 21:00 watershed based on interactive adult sex chat services: viewers are invited to contact onscreen female presenters via premium rate telephony services (PRS). The female presenters dress and behave in a sexually provocative way while encouraging viewers to call the PRS telephone line.

A viewer complained about the strong adult content shown during this broadcast. This showed two presenters carrying out a number of sexual acts on each other. At various points in the broadcast the presenters were wearing skimpy thongs and tops that were open to reveal their breasts, spitting on each other's knickers and licking each other's breasts, and were shown touching and apparently licking each other's genital areas. The broadcast included prolonged and close up shots between the presenters' legs while simulating masturbation. It also included an image of one of the presenters moving her thong to one side to briefly reveal her genitals, while the other simulated the performance of oral sex on her.

Ofcom considered rules:

• 1.24 (-1-) ('adult-sex' material)
• 2.1 (generally accepted standards)
• 2.3 (material that may cause offence must be justified by context).

Ofcom Decision: Breach of Rules 1.24, 2.1 and 2.3

Rule 1.24 requires adult-sex material to be broadcast only between 22:00 and 05:30, and then only if mandatory restricted access is in place.

Ofcom noted that the broadcast material complained of showed the two presenters apparently performing oral sex and masturbation on each other (head between legs, licking and touching other presenters' genital areas). In Ofcom's opinion, a viewer could reasonably have perceived some of these sexual acts as real. The presenters were also shown spitting on and licking each other's knickers and one presenter very briefly showed her genitals. Ofcom considered that these images broadcast during the programme were clearly of a strong sexual nature and that the primary purpose of this material was sexual arousal or stimulation.

In Ofcom's view this content had insufficient editorial or contextual justification to allow its exceptional transmission without mandatory restricted access on free-to-air television. This content was, in Ofcom's view, adult-sex material and its broadcast was in breach of Rule 1.24, which requires such material to be broadcast only after 22:00 with mandatory restricted access. The broadcasts were therefore in breach of Rule 1.24 of the Code.

Ofcom considered that factors such as its location in the adult section of the EPG and the content being broadcast after 21:00 did not justify the broadcast of this material in this instance. Ofcom also notes the possibility of viewers (and in particular children) at this time coming across this material unawares. Ofcom therefore concluded that this content was not justified by the context and was therefore in breach of Rules 2.1 and 2.3 of the Code.

Ofcom notes the compliance measures taken by the broadcaster in response to the transmission of the material. However, given the strength of the content broadcast, Ofcom considered this contravention to be a serious breach of the Code. Ofcom notes that Hoppr Entertainment has been operating a licence for Live 960 since 19 August 2009 and since that time it has been found in breach of its licence conditions and of the Code on separate occasions. Given this, Ofcom is now requiring the licensee to attend a meeting at Ofcom to discuss its compliance procedures. Ofcom also puts Hoppr Entertainment on notice that it must take all necessary and appropriate measures to ensure its channels comply with the Code in the future. Ofcom will not expect further breaches of this nature to occur again.