The
satellite regulators, the ITC, seem to be engaging in some role playing
games and have adopted the guise of King Canute. They are refusing to
respond to the recent judgement that hardcore is legal; they are
refusing to acknowledge the increasing popularity of hardcore with the
British people, and above all, they are refusing to respect European law
by censoring without justification.
Here is recent example of how they dealt with the complaint from a
single viewer. Did they try and find out the views form the other
thousands of subscribers? Did they consult with the enforcement agencies
about legality? Did they research the likely impact of explicit
programming? Did they justify their censorship with a statement about
the harm they believe they are preventing? Judge for yourself!
The ITC recently issued the following press release about a viewer's
complaint that the softcore Adult Channel was too explicit.
"ITC staff were alerted to instances of explicitness that exceeded the
normal boundaries.A number of sequences within programmes contained
anatomical detail that is not allowed by the ITC on any licensed
service".
"The Adult Channel acknowledged that there had been no change in the
ITC’s rules for adult services. But it said that because programming had
increasingly been produced directly for the channel, rather than being
acquired as finished product from unrelated third parties, they had been
able to specify content to be closer to acceptable limits, whilst still
aiming to be within them. This necessarily meant more difficult
subjective decisions by the licensee, but they believed that in many
cases the decisions were marginal".
"The ITC did not accept that the lapses were in general marginal, or
that the different sources of programming could justify many of the
problems seen.The Adult Channel was warned that further examples of
serious or repeated breaches would be likely to attract material
sanctions".
Thanks to Shaun for his challenge to the ITC to justify their decision.
John Glover, Programme Manager at the ITC responded:
"As you are aware, the BBFC has led a change in policy towards adult
films, with the introduction of the R18 category. However, there are
no plans to relax the present rules that prohibit such material from
being broadcast on ITC licensed channels".
"More general ‘adult’ services have been allowed on cable and satellite
channels for a decade now. They include programming more explicit than
would be allowed on either free-to-air or basic package channels. Much
of the programming is cut down ‘R18’ material. However, the ITC has
always considered that material sold only in eighty or so outlets
across the UK, and not even by mail order, is unsuitable for the
schedules of even a specialist broadcaster".
"We also know from our own research that, while it is becoming more
liberal in this respect, public opinion does not generally favour so
great a change to the limits of sexual portrayal on television".
"As you state, it is possible this view may be open to challenge under
European law. However, it is the ITC’s position that our regulations
are likely to be judged as fully in compliance with Human Rights
legislation. Article 10 of the European Convention states that the
right to free expression may be subject to restrictions, in certain
circumstances, such as for the protection of morals".
I was intrigued to about the ITC's assertion that distribution limited
to 80 shops constitutes a reason for prohibition. The small number
originates from an historic refusal to allow them to sell hardcore
coupled with restrictive licensing powers given to councils.
Now that hardcore is legal, the shops are offering a popular product and
therefore the number of shops is now increasing rapidly. In the couple
of years since legalisation the number of shops has doubled to about
150.
So how many sex shops have to open before the ITC change their minds? Is
150 enough? When mail order sales are well established, will the ITC
change their minds?
It seems clear to me that the ITC are knowingly breaking European law. I
don't suppose that anyone could be imprisoned for denying human rights
but maybe they could be made to pay compensation for services that lose
revenue as a result.
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