Pornography to be allowed on TV

not sure if this is on the right page feel free to move it if not, but i see on trailers for some of the playboy, tvx and topshelf tv channels they show full nude shots and explicite language but the girls when on the mic's seem affraid or not allowed to talk explicite appart from michelle thorne on elite she seems quite happy and wiiling to ask us to get our cocks out give her a call and wank off or fuck every sweet hole she has untill we spunk all over her (allways had a soft spot for miss thorne) or should that be a hard spot so anyway is she just breaking the rules or are the other girls too shy?

From what I can gather, the new rulings now allow them to advertise R18 websites, such as RedHotHard, SexStationTV etc. Which was previously frowned upon by Ofcom, and used to result in the channel being fined for doing it.

So it is a move forward. But if the normal babe channels remain unencrypted, then such advertising will still not be allowed on them.

(25-06-2010 21:50 )aceman65 Wrote:  From what I can gather, the new rulings now allow them to advertise R18 websites, such as RedHotHard, SexStationTV etc. Which was previously frowned upon by Ofcom, and used to result in the channel being fined for doing it.

So it is a move forward. But if the normal babe channels remain unencrypted, then such advertising will still not be allowed on them.

True, if they remain unencrypted, but I'm hoping they will be allowed to show a bit more, if the watershed is switched to 12.

As far as I can see, Encrypted shows will be allowed to go hardcore, but FreeToAir channels won't change one bit. Encrypted shows can show porn between 10pm and 5:30am on Sky, midnight to 5:30am on Freeview.

Don't see any reason why hardcore websites can't be shown on an encrypted show, but they can now.
Adverts for hardcore websites will NOT be allowed unencrypted, so no change there.

Reasons and quotes below.

The new rules (click the link, scroll down to New BCAP Code then scroll to section 30 Pornography, page 131 on for a fun night in) say that R18 material is not banned - the BCAP code seems to work on the permissive principle, that everything is allowed unless specifically banned. It's the same as ordinary law in free countries.

ENCRYPTED PHONE-IN SHOWS
======================
Para 30.3.1 says "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."
meaning R18 is banned on FreeToAir, but not-banned (=allowed) on encrypted channels.

Note the word "or its equivalent", meaning a show does not need to go and get a BBFC certificate. It's the strength that matters.

the next para, 30.3.2 says "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."
limiting R18 to between 10pm and 5:30am on encrypted channels.

So what is an advert? Ofcom have been saying that entire babeshows (encrypted or not) can be, provided they are selling something and advertised as a teleshopping channel. So if SportXXX was encrypted, had a scrolling banner to phone the babes and was registered as a teleshopping channel, that would be OK. But if they took the phone number off the screen it might not qualify!

Got that? Entire shows are adverts if you can phone in, not just 30 second spot adverts.

KIDS SHOWS
==========
Para 32.2.6 says in a roundabout way "These may not be advertised in or adjacent to programmes commissioned for, principally directed at or likely to appeal particularly to audiences below the age of 18:" ... "live premium-rate services, unless those services have received prior permission from PhonePay Plus to target people under 18."
So no premium rate sex chat phone lines on shows aimed at kids. That shouldn't be a problem.

Also para 22.8 says "Advertisements for live premium-rate services must not appeal particularly to people under 18, unless those services have received prior permission from PhonepayPlus to target people under 18."

UNENCRYPTED SHOWS
=================
Paragraph 3.1(a) is a direct lift from the Ofcom code:
"These provisions imposed on Ofcom by the Communications Act are therefore relevant to BCAP:" ... "The standards objectives, insofar as they relate to advertising, include:" ... "that persons under the age of 18 are protected;"

and 3.1(f) ... "that generally accepted standards are applied to the contents of television and radio services so as to provide adequate protection for members of the public from inclusion in such services of offensive and harmful material;"

Sections 3.2 and 3.3 are also lifts from Ofcom Rules or enabling legislation, and imply a reserve power to impose minimum standards.

I had hoped that unencrypted babe shows would be able to show up to cert 18, rather than 15ish as now, but it seems not. FreeToAir shows will still be subject to the notorious "generally accepted standards".

TIME LIMITS ON UNENCRYPTED SHOWS
=============================
Para 32.19 requires a watershed "Advertisements that are unsuitable for children (for example, because they might cause distress or because they refer explicitly to sexual matters) must be subject to restrictions on the time of transmission designed to minimise the risk that children in the relevant age group will see them."

OFCOM INVESTIGATES
=================
Not too surprisingly, para n of the Introduction says "The investigation of complaints in relation to Participation TV (long form television advertising for direct-response, remote entertainment services that typically include the possibility of interacting with broadcast content) remains a matter for Ofcom."
meaning that Ofcom still has the steering wheel.

(26-06-2010 00:13 )eccles Wrote:  As far as I can see, Encrypted shows will be allowed to go hardcore, but FreeToAir channels won't change one bit. Encrypted shows can show porn between 10pm and 5:30am on Sky, midnight to 5:30am on Freeview.

Don't see any reason why hardcore websites can't be shown on an encrypted show, but they can now.
Adverts for hardcore websites will NOT be allowed unencrypted, so no change there.

Reasons and quotes below.

The new rules (click the link, scroll down to New BCAP Code then scroll to section 30 Pornography, page 131 on for a fun night in) say that R18 material is not banned - the BCAP code seems to work on the permissive principle, that everything is allowed unless specifically banned. It's the same as ordinary law in free countries.

ENCRYPTED PHONE-IN SHOWS
======================
Para 30.3.1 says "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."
meaning R18 is banned on FreeToAir, but not-banned (=allowed) on encrypted channels.

Note the word "or its equivalent", meaning a show does not need to go and get a BBFC certificate. It's the strength that matters.

the next para, 30.3.2 says "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."
limiting R18 to between 10pm and 5:30am on encrypted channels.

So what is an advert? Ofcom have been saying that entire babeshows (encrypted or not) can be, provided they are selling something and advertised as a teleshopping channel. So if SportXXX was encrypted, had a scrolling banner to phone the babes and was registered as a teleshopping channel, that would be OK. But if they took the phone number off the screen it might not qualify!

Got that? Entire shows are adverts if you can phone in, not just 30 second spot adverts.

KIDS SHOWS
==========
Para 32.2.6 says in a roundabout way "These may not be advertised in or adjacent to programmes commissioned for, principally directed at or likely to appeal particularly to audiences below the age of 18:" ... "live premium-rate services, unless those services have received prior permission from PhonePay Plus to target people under 18."
So no premium rate sex chat phone lines on shows aimed at kids. That shouldn't be a problem.

Also para 22.8 says "Advertisements for live premium-rate services must not appeal particularly to people under 18, unless those services have received prior permission from PhonepayPlus to target people under 18."

UNENCRYPTED SHOWS
=================
Paragraph 3.1(a) is a direct lift from the Ofcom code:
"These provisions imposed on Ofcom by the Communications Act are therefore relevant to BCAP:" ... "The standards objectives, insofar as they relate to advertising, include:" ... "that persons under the age of 18 are protected;"

and 3.1(f) ... "that generally accepted standards are applied to the contents of television and radio services so as to provide adequate protection for members of the public from inclusion in such services of offensive and harmful material;"

Sections 3.2 and 3.3 are also lifts from Ofcom Rules or enabling legislation, and imply a reserve power to impose minimum standards.

I had hoped that unencrypted babe shows would be able to show up to cert 18, rather than 15ish as now, but it seems not. FreeToAir shows will still be subject to the notorious "generally accepted standards".

TIME LIMITS ON UNENCRYPTED SHOWS
=============================
Para 32.19 requires a watershed "Advertisements that are unsuitable for children (for example, because they might cause distress or because they refer explicitly to sexual matters) must be subject to restrictions on the time of transmission designed to minimise the risk that children in the relevant age group will see them."

OFCOM INVESTIGATES
=================
Not too surprisingly, para n of the Introduction says "The investigation of complaints in relation to Participation TV (long form television advertising for direct-response, remote entertainment services that typically include the possibility of interacting with broadcast content) remains a matter for Ofcom."
meaning that Ofcom still has the steering wheel.

i dont see anywhere in the new code that says r18 material can be broadcast, all it says is that it can be advertised meaning a web address, magazine or film title, the r18 material itself will not be allowed to be broadcast on tv.

(26-06-2010 04:56 )johnm Wrote:  i dont see anywhere in the new code that says r18 material can be broadcast, all it says is that it can be advertised meaning a web address, magazine or film title, the r18 material itself will not be allowed to be broadcast on tv.

Exactly. That's what everyone's been saying.

(26-06-2010 08:19 )aaron Wrote:  

(26-06-2010 04:56 )johnm Wrote:  i dont see anywhere in the new code that says r18 material can be broadcast, all it says is that it can be advertised meaning a web address, magazine or film title, the r18 material itself will not be allowed to be broadcast on tv.

Exactly. That's what everyone's been saying.

it isnt a few have been saying the babechannels will be allowed to go hardcore as it says at the top of the post i replyed to.

pornography should be allowed on the t.v anyway we pay our licence fee and for what bastard repeats.

We need to get this clarified, if someone from bluebird or another channel that surf this forum could ask their lawyers or someone with knowledge in this field, to see what can and cant be shown under these rules, we are all making claims what can and cant be shown on encrypted channel and unencrypted channels. Until this is solved by someone with knowledge in this field, we will continue to see what we like in these new rules.

So if anyone knows someone that can have a look at these rules and regulations, please could they ask and get this sorted out, Thanks in advance

Must admit, it seems too good to be true, and if no-one beat me to it, I was going to suggest responses from official representatives of Portland, Sport etc would be helpful.

Also if R18 were allowed on encrypted "teleshopping" channels, where would that leave the pre-recorded non-shopping adult channels that TVX etc run?

Here's the key quote again:
"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."

There are 2 key words - for and feature. I understand what an advertisment "for" something is. A TV ad for a bank does not actually provide banking services. An ad for a Lily Allen song does not automatically include a music clip. But what does "feature" mean? Does it mean the product being described, or does it mean the content of the ad?

But suppose Rule 30.3.2 means ads can refer to porn, ie explict websites, what exactly is the point of the Rule? The previous one (30.3.1) makes the same point.

Interestingly, the first Rule 30.3.1, what ads can be for, refers to R18 porn. But the second Rule 30.3.2 only refers to "the recognised character of pornography" and does not mention R18.

Does this give a green light for content to include softcore porn, topless and nude, but does not automatically allow R18 penetration etc?

Perhaps it is part of a cunning plan to get Ofcom off the hook. And I'll win the lottery tommorrow just after meeting a single Swedish model who finds me irrestisable.