Internet Video X News

The question is bound to be asked, come the Communications Green Paper, whether ATVOD should now be given a decent burial. What purpose is served by an extra layer of content regulation - whether ATVOD-style co-regulation or a full-blown statutory regulator -- over and above the general law, especially when funded by imposing substantial costs on a small section of industry?

Are there alternatives? The UK government does have to comply with the AVMS Directive, which lays down content requirements specific to TV-like audiovisual services. However those can be enshrined in a few paragraphs of statute, with a sanction such as the ability for a person affected to apply to court for an injunction. That, in conjunction with a voluntary code of conduct, is how the Irish government has implemented the AVMS Directive.

Subjecting on-demand audiovisual services to an appropriately crafted statute would remove the need for a funded regulatory or co-regulatory body and provide a regime much closer to that applicable to most other speech and content, both generally and on the internet.

...Read the full article

France based Marc Dorcel is the first adult channel provider to go connected with TV's with built in Internet TV capabilities.

None of the parties wants to go on record, but behind the scenes talks are going on with all the major consumer electronics manufacturers to bring adult apps to their smart TV sets. Broadband TV News understands that at least one more provider wants to go connected.

The question remains if the new services will also become available in countries where access to hard porn channels is limited due to local censorship.

In the UK, the two major platforms, Virgin and Sky, only offer soft adult content, although legally they could distribute and sells more explicit channels that are licensed in another European country such as the Netherlands.

By signing deals with TV manufacturers, hard porn channels could sidestep the censorship associated with cable/satellite and legally become available in the UK, both in linear and on-demand form, but this requires active participation of the consumer electronics industry.

So far, the industry has been careful. The Marc Dorcel on-demand content is available on Panasonic connected TV sets with Philips, Samsung and Sony to follow soon -- but only in a limited number of territories. Now other providers of hard adult content might be more adventurous by starting to offer access to streaming channels.

Dear Sirs,

I'm writing both as Managing Director of Strictly Broadband Ltd., a notified ATVOD ODPS provider, and Chairman of AITA, the UK's Adult Industry Trade Association.

It has recently become apparent that despite some efforts, the voice of our industry hasn't, until recently, been heard by the ATVOD board. This has recently changed with the appointment of Chris Ratcliff of Portland TV to the board, which we welcome. This letter is intended to explain why our industry has apparently been reticent to implement ATVOD rules.

My own business has been operating since 2004, selling rentals of online streaming adult videos. I established the business in the UK, which at the time was quite unusual for an online adult business; in 2004, the online adult industry had little idea where we stood legally, and most companies were established offshore. My aim was to track and implement UK regulation as it evolved. Initially, we worried that we may be in breach of the Video Recordings Act (VRA) -- however, the BBFC and police came to the conclusion that the VRA didn't apply to online adult businesses, and we found ourselves in a legal grey area.

The first attempt at regulation was by the BBFC Online scheme; Strictly Broadband joined and implemented the scheme at a cost to ourselves of around £10,000. The scheme ultimately failed to gain official recognition. So the first real regulation we faced came when ATVOD was formed. As with the BBFC scheme, Strictly Broadband made early contact with ATVOD, and became an early service to notify.

During this same period, the global online adult industry has been through a huge recession and shake-out as a result of the sudden availability, from late-2007, of free streaming content via the so-called tube sites. It is estimated within the industry that a revenue decline of 80% to 90% has been experienced during the past four years. Rather than being a grass-roots movement, the tube sites are largely operated by a few big industry players, in particular Manwin, which is a Canadian company (but owns UK businesses). The end result is that, as the ATVOD regulations are being introduced, many of the original players have gone out of business and those that remain are relatively small businesses compared to a few years ago. Strictly Broadband has seen its revenue and staff levels fall by over 50% during this time.

As a business and an industry, we have consistently strived to operate within laws and regulations; however, the regulations now being imposed by ATVOD are so onerous that they are effectively impossible to implement. We have always age-verified (via payment systems) before people can view our video product. However, the requirement that we age-verify before even photographic sales imagery can be seen will simply drive most of our customers to sites outside ATVOD's scope. The one company to fully implement these rules to date, Portland TV, has seen an 80% fall in new business, and a 28% fall in overall revenue, since they complied. As I'm sure the board will appreciate, few businesses can survive such a decline, especially in the current economic climate.

The ATVOD regulations seem to ignore a basic fact: the Internet is a global, borderless marketplace, and well over 99% of our competitors operate outside ATVOD's scope. To my knowledge, none of the top 100 adult services viewed by UK consumers falls within ATVOD's remit. Even among UK sites, none of the top three has bothered to notify. Furthermore, thousands of non-adult services, including Google and Twitter, freely display hardcore imagery without age verification. Therefore the ATVOD rules, particularly Rule 11, do not protect consumers in any way, but merely serve to punish those services that try to operate legally within the UK.

So far, I'm aware of one UK business that has closed down due to ATVOD's rules, and a second that has relocated outside the UK. If ATVOD pushes ahead with enforcement of Rule 11, the effect will be to decimate the UK adult industry. My own business would not survive the implementation of Rule 11, and I'm currently in discussion with EU-based partner businesses to outsource the key business functions if necessary. Our aim, since 2004, has been to comply with UK regulation; ATVOD is currently making that aim impossible to achieve.

Even if the entire UK industry closes down, adult content from outside the UK will be as easily accessible as it was before ATVOD. The regulations not only fail to stop adult content being accessible by children, but actually remove the few ethical businesses that want to comply with UK laws and pay UK taxes. From an industry perspective, this seems counter-productive; surely the aim of any regulations should be to tilt the playing field towards compliant businesses, rather than towards those who escape regulation?

AITA is looking at the possibility of creating a campaign, similar to the Drink Aware brand run by the alcohol industry, that would help educate parents on how to filter adult content from their children's Internet devices. We feel that this would be a better way forward to a regulated industry rather than punitive measures which would simply drive the UK industry offshore.

Sincerely,
Jerry Barnett

Chairman AITA
Managing Director, Strictly Broadband Ltd.

ATVOD have announced a determination that all internet hardcore must be locked behind paywalls, that in practice can only be unlocked by credit cards, even debit cards won't do. I wonder percentage of customers are banned from watching porn because they haven't got a credit card or else would rather not use it).

And as far seriously impairing under 18's, I guess they will all have been seriously impaired already. And will continue to be seriously impaired to the benefit of foreign websites. The 'experts' are hardly convinced that the depiction of anything so natural to every person's life can be considered seriously impairing anyway. And the government seems to have asked ATVOD/Ofcom to bluff it out until more specific legislation can be drawn up. (See morally impaired plot).

And do any of these censors ever consider the serious impairment to our children caused by poverty. They seem so keen to add the mass of expensive state control freakery and yet it is suffocating Britain's ability to earn any money.

Anyway ATVOD have release the news article:

ATVOD Rules That Adult Website Must Block Access To Children

ATVOD publishes determination that adult video on demand website Bootybox.tv had breached statutory rules requiring video on demand providers to ensure that under 18s cannot normally access hardcore pornographic content

The Authority for Television On Demand (ATVOD) has today published its determination that the provider of the online video on demand service Bootybox.tv was in breach of a statutory rule which requires that material which might seriously impair under 18s can only be made available if access is blocked to children.

The Bootybox.tv website offered users access to explicit hardcore porn videos which could be viewed on-demand. The content of the videos was equivalent to that which could only be sold in licensed sex shops if supplied on DVD.

Responding to a complaint from a concerned father, who had discovered that his son had visited the site, ATVOD found that the website broke the statutory rules in two ways. Firstly, it allowed any visitor to the website unrestricted access to a selection of hardcore pornographic video promos/trailers featuring real sex in explicit detail and featured a large still image of explicit sex on the homepage. Secondly, access to the full videos was open to any visitor who paid a fee. As the service accepted payment methods -- such as debit cards and prepaid vouchers -- which can be used by under 18s, ATVOD ruled that the service had also failed to put in place effective access controls in relation to the full videos.

ATVOD followed up its ruling with an Enforcement Notification, requiring the provider of Bootybox.tv to either remove the hardcore porn content from the service or put it all behind effective access controls which will ensure that only adults can see it. The service has now ceased operating.

Speaking today at a conference at the House of Lords on ATVOD's role in child and consumer protection, ATVOD Chief Executive Pete Johnson will say:

UK providers of hardcore pornography on demand must take effective steps to ensure that such material is not accessible to under 18s. Asking visitors to a website to click an 'I am 18' button or enter a date of birth or use a debit card is not sufficient -- if they are going to offer explicit sex material they must know that their customers are 18, just as they would in the 'offline' world.

Last week, ATVOD followed up its ruling with a seminar for providers of adult content on video on demand services. The seminar was designed to ensure that such providers fully understood their obligations under the statutory rules and to make clear that ATVOD would take action in relation to any other providers found to be in breach of the rule.

Comment: ATVOD Stitch Up

27th February 2012. From beerandbollocks.com

The previous operator of Bootybox.tv made a few interesting comments to a forum.

Firstly he said that the complaint to ATVOD was initiated about the content of one of the films, not about ease of access to the site.

Secondly he summarised one of the important issues with ATVOD regulation that will suffocate British companies trading in adult video on demand:

With all due respect, do you seriously think any UK website owner is going to only use soft 18 images on their sites to promote their hardcore content? No.

The unlocked web pages of a website are for surfers to window shop and if there's soft images then first time visitors may think that the website only offers soft content.

It's effectively killing their business.

Ofcom has made an appeal decision that Ofcom was correct to determine that the MTV online service Viva TV Music is subject to expensive censorship as an on-demand programme service

An appeal by MTV Networks Europe against an ATVOD determination that its web- based music video service Viva TV Music is an on demand programme service and therefore subject to regulation has not been upheld by Ofcom.

The decision means that MTV is required to pay a substantial fee for its own censorship and ensure that the Viva TV Music service complies with a range of statutory requirements .

In order to fall within the scope of the censorship overseen by ATVOD, a service must satisfy a number of statutory criteria, as set out in section 368A of the Communications Act 2003. One of these is that the principal purpose of the service is the provision of programmes the form and content of which are comparable to the form and content of programmes normally included in television programme services.

In the case of Viva TV Music, the decision turned on a number of issues, including whether the Viva TV Music section of the website constituted a service in its own right, and whether music videos are 'TV-like programmes.