Well, as was expected, all of the investigations against Elite TV have been found 'in breach'.
The investigations relate to the following programmes.
Elite Days
Elite TV (Channel 965), 30 November 2011, 12:00 to 13:15
Elite TV (Channel 965), 1 December 2010, 13:00 to 14:00
Elite TV 2 (Channel 914), 8 December 2010, 10.00 to 11:30
Elite Nights
Elite TV (Channel 965), 30 November 2011, 22:30 to 23:35
Elite TV 2 (Channel 914), 6 December 2010, 21:00 to 21:25
Elite TV (Channel 965), 16 December 2010, 21:00 to 21:45
Elite TV (Channel 965), 22 December 2010, 00:50 to 01:20
Elite TV (Channel 965), 4 January 2011, 22:00 to 22:30
Ofc@m state that the broadcasts were in breach of various advertising BCAP codes.
BCAP Code Rule 4.2: “Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards.”
BCAP Code Rule 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.”
BCAP Code 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.”
Now whilst the above rules were applied to the decisions Ofc@m also quoted and commented on
BCAP Code Rule 30.3.2: “Television only – Advertisements permitted under rules 30.3… must not feature material that comes within the recognised character of pornography before 10.00pm or after 5.30am”.
It is interesting to note that Ofc@m are stating that the material shown was of a character recognised to be pornography.
So Ofc@m are opening up yet another subjective area by stating what the material is that comes within the 'recognised character of pornography'.
I don't believe the ASA (or Trading Standards) have a strict definition of 'pornography'. If anyone made a complaint to them concerning a XXX Hardcore Sex video expecting R18 content but ending up with 18 content then i believe the ASA could take action.
Everyones expectations is that R18 represents pornography therefore anything less would be a breach of the advertising code, ASA quote 'spirit as well as letter of the law'.
The BCAP code's definition is
“R-18 material” is classified as such by the British Board of Film Classification (BBFC): the BBFC’s definition of the R-18 category appears on its website (
http://www.bbfc.co.uk). The BBFC is responsible for classifying “video works”, which are defined by, and subject to restriction under, the Video Recordings Act 1984.
So Ofc@m are stating that Elite showed R18 equivalent material on the 22nd December 2010 and 4th January 2011. What would the BBFC say and will Elite appeal this decision. The BBFC charge around £1000 to classify a film. A lot cheaper than an Ofc@m fine and by not appealing are you admitting guilt, which WILL be used against you at a future decision.
Read the full report and make your own judgement on Ofc@m's actions.
http://stakeholders.ofcom.org.uk/binarie...obb179.pdf