Satellite X News

Independent Communications Authority of South Africa (Icasa) will have to reconsider a decision to grant Top TV licences to broadcast three pornography channels.

The Western Cape High Court dismissed On Digital Media's application for leave to appeal a ruling that the communications authority must revisit its decision.

A previous court case had decided that the TV regulator had not considered a restriction on porn distribution found in laws pertaining to DVD distribution and the country's film censors.

Judge Lee Bozalek said he was correct in remitting a decision to license On Digital Media's porn channels back to Icasa rather than apply the discretion himself. He said it's not up to the court to sever the good from the bad with regard to a decision to license three porn channels.

On Digital Media, operating as Top TV, was granted three licences in April last year to broadcast adult content pay channels. In its appeal application, On Digital Media said remitting the decision back to Icasa would lead to unnecessary delay, prejudice and cost.

The Channel 4 fly-on-the-wall show Gogglebox now has its own adult parody, but Channel 4 are not so happy about it at.

The TVX parody, Gobblecocks , is set in the same format as Gogglebox, with characters who are similar to those featured on the hit show, they watch adult movies together whilst sharing their reactions, and more with the audience. Characters include a posh pair called Beth and Don who are meant to represent Dom and Steph in the hit Channel 4 version.

The Sun newspaper quotes a source at the network as saying on the matter:

Channel 4 are not happy to have Television X making a show so similar to Gogglebox. In the past, they would've sent a strong legal letter warning, but the law that came in in October effectively protects them from prosecution, so their hands are tied.

According to the laws currently in place, people are free to make minor uses of other people's copyright material for the purposes of parody, caricature or pastiche, without first asking for permission .

• Get Lucky TV
  Get Lucky TV (channel 908), 9 October to 2 December 2013, various times between 21:00 and 05:30

• Lucky Star
  Lucky Star (channel 909), 9 October to 2 December 2013, various times between 21:00 and 05:30

• Party
  Party (channel 175), 9 October to 20 December 2013, various times between 00:00 and 05:30

Ofcom received a complaint that the website www.babestation.com was being promoted openly on-screen on the service Get Lucky TV intermittently throughout the day. The complainant said that on accessing the Babestation website by means of this URL it was possible to view content which was clearly R18 and beyond . Ofcom viewed the Get Lucky TV channel and noted that references were made to the website www.babestation.com by way of a graphic, positioned in the top left-hand corner of the screen, which showed the URL. Ofcom viewed the channel's output between the hours of 21:00 and 05:30 at various times and on various dates. On all occasions when the presenters were on screen, the URL was visible.

After receiving the complaint Ofcom accessed the www.babestation.com website and noted and retained records, including video and screenshots, of the following:

• The homepage featuring a selection of thumbnail images of women. On clicking on the image of a woman, the user was taken to a second page with further images of the woman and the option to see her in what was described as a ¡§live show¡¨ by selecting a choice of payment methods.

• Ofcom noted that when scrolling through the homepage, a small number of the thumbnail images of the women were explicit, for example showing some with their legs open and their genital area fully visible. In one instance, the image was more explicit, showing a woman masturbating with her fingers inserted inside her vagina. These images were available to view without any restrictions.

• Once a thumbnail image of a woman was selected and the user accessed the second page of images, the user was able to make payment to enable live webcam streaming and live interaction with the woman. The payment could be done through the use of a PRS number, which generated a PIN, which in turn could be entered into the website. This allowed full access to the website until the call was disconnected. Access could also be purchased by a credit card.

• Ofcom noted that when the PRS number was dialled and the PIN received (or payment was made using a credit card), users were able to view the live webcam feed and interact with the woman in the original thumbnail via a text chat window. To the right of the screen, a scrollable window displayed live images from other webcam feeds and, in many instances, these were images of women masturbating (equivalent to British Board of Film Classification (BBFC) R18-rated content1). On clicking on any one these live images, users were taken to their chosen live feed, and many of these feeds included R18 equivalent material, predominantly of close-up images of the women's genitals as they inserted items such as vibrators into their vaginas.

• When accessing these live webcam feeds via the PRS number the user was at no time asked to verify they were over the age of 18.

Ofcom considered BCAP Code Rule 30.3, which states:

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

The Licensee accepted that there had been a compliance failure and apologised. It said it had taken immediate action following Ofcom contacting the broadcaster. This action included removing the Babestation URL from Get Lucky broadcasts and, as an additional measure, ensuring that anyone attempting to access the www.babestation.com site was redirected to www.babestation.co.uk (which the Licensee said was managed by internal personnel and was wholly compliant with the BCAP Code).

Ofcom Decision: Breach of Rule 30.3

Ofcom noted that the Licensee apologised for this compliance error and has introduced new training and procedures as a result of this incident. Nonetheless the broadcast of promotional references to the www.babestation.com website on Get Lucky TV for extended periods between 9 October and 2 December 2013 breached Rule 30.3 of the BCAP Code.

Ofcom was particularly concerned that in this case the advertising led to a website which contained R18 equivalent material without any appropriate age verification process.

Breaches of BCAP Code Rule 30.3

Similar breaches of the rules were recorded against associated channels, Lucky Star, and Party.

The European-wide hardcore satellite channel, Private Spice has become Brazzers TV Europe.

The channel has been long established and broadcasts from most major European TV satellites (except of course the UK facing satellite used by Sky where hardcore is banned from TV broadcast).

The Brazzers brand is well known in the US where it a major DVD label, but perhaps not so well established in Europe.

The channel continues to be operated by Playboy TV which is part of the Manwin empire.

Red Light Central
Red Light 2, 31 August 2013, 22:00

Red Light Central is interactive adult sex chat advertising content broadcast on the service Red Light 2, which is available freely without a requirement for mandatory restricted access on Sky channel number 902. The licence for this service is owned and operated by Playboy UK TV Limited.

Ofcom received a complaint that at 22:10 two female presenters appeared on-screen together miming sexual acts with one another. The presenters, who wore white thongs and white lace vests (which for much of the time were pulled down to reveal their breasts), were in a set designed to look like a bathroom. During the broadcast they were shown touching each other's breasts and buttocks, rubbing their breasts against each other and miming sexual acts together. At approximately 22:48 the presenters went into the bathtub and rubbed water onto each other's breasts and buttocks and continued to mime sexual acts such as masturbation and oral sex. The presenters, when addressing the viewers, said that this was a special two for one and it was the first official two for one on the service and that the presenters were horny for each other .

Ofcom considered Rule 4.2 of the BCAP Code, which states:

Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards. .

Ofcom also considered censorship rules for babe channels published in February 2013: licensees should:

Take particular care if two or more presenters appear together on-screen. If there is any contact between the presenters of an erotic or sexual nature (for example kissing, stroking or contact between thighs, breasts or genital areas) or any miming or simulation of a sexual act performed by one presenter on another, in Ofcom's view there is a high risk of causing serious or widespread offence against generally accepted standards.

Ofcom Decision: Breach of BCAP Code Rule 4.2

Between 22:10 and 22:48 the two female presenters adopted a variety of sexual positions, such as on all fours with their buttocks facing the camera, and lying back with their legs apart, and touched, stroked and rubbed one another with the intention of making viewers think that they were engaging in sexual acts with one another. These acts, which were mimed, included stroking the other's buttocks and massaging the other's breasts, rubbing their breasts together, and miming oral sex as one presenter lay back with her legs apart. In addition, the presenters moved continuously rubbing their bodies together so that their breasts rubbed against the other's body, including her buttocks. At 22:48, the two presenters got into the bathtub, pulled each other's tops down to their waists, and rubbed water and foam into one another's breasts. In addition, one presenter sat in the bathtub with her legs wide open as the other presenter mimed oral sex.

Ofcom noted that the actions were mimed and no genital or anal detail was visible. However, in Ofcom's view the material clearly showed continuous contact between the presenters as they stroked each other's breasts and buttocks and the material featured the miming of sexual acts by one presenter on the other. This is clearly at odds with the Guidance. In Ofcom's view, the broadcast of this material in adult chat advertising content was likely to cause serious or widespread offence.

Ofcom has noted that in this instance the Licensee accepted immediately that this content was at odds with the published Guidance. Ofcom therefore advises licensees, providing similar long-form advertising and PRS material, that to ensure compliance with the BCAP Code there is no contact between presenters of an erotic or sexual nature when two presenters appear on-screen at the same time.

Preliminary View: Breach of BCAP Code Rule 4.2