Ofcom standards case: LivexxxBabes, June 2008
LivexxxBabes, 8 June 2008, 21:00–03:00
Introduction
LivexxxBabes is free-to-air unencrypted programming in the adult section of the Sky electronic programme guide (“EPG”). The channel broadcasts programmes based on interactive ‘adult’ chat services: viewers are invited to contact on-screen presenters (“babes”) via premium rate telephony services (“PRS”). The female presenters dress and behave provocatively.
Ofcom received a complaint alleging that the broadcast amounted to ‘adult-sex’ material within the meaning of Code Rule 1.24 and therefore should have been transmitted in line with that rule’s requirements, including encryption. In particular, after 22:00 there was constant nudity and a voiceover periodically referred to “mutual tommy-tanking”.
Ofcom viewed the material. It noted that between 21:00 and 22.00 the presenters were dressed in a relatively modest way. After 22:00 however the presenters bared their breasts and for the rest of the broadcast performed in an overtly sexual manner, including thrusting their backsides to camera so that on occasion their anal area was showing.
Ofcom sought comments from the Licensee in respect of Rules 2.1 (generally accepted standards must be applied) and 2.3 (offensive material must be justified by context) of the Code.
Response
The broadcaster replied through the Participation Television Broadcasters Association (“PTVBA” or “the Association”). The PTVBA is a not-for-profit trade association that represents a number of licensees from various participation TV sectors, including ‘adult’ chat TV channels like LivexxxBabes.
The Association said that it did not believe that the content on LivexxxBabes posed any risk of harm and offence. It pointed out that LivexxxBabes is situated within the ‘adult’ section of the EPG and stated that the broadcaster observes the Association’s guidance on graduation of content, “namely that presenters should not remove their tops until after 9.30pm, when partial nudity (i.e. topless females) is more widely accessible on satellite television, including in the general entertainment section.” The Association did not believe that there was any question of a Code breach and, further, that if Ofcom recorded a breach it would represent a significant move away from Ofcom’s current policy and enforcement activity that would necessitate unequivocal notification to stakeholders.
In respect of the presenters’ anuses being apparent, the Association said that it did not believe that one shot could reasonably be considered as amounting to a contravention of the Code.
The PTVBA referred to a number of other matters they considered to be mitigating factors:
the complaint, it understood, was not made by a member of the public;
the PTVBA seeks to co-operate with regulators, among others, to ensure compliance with rules and offer safe viewing. The PTVBA said that it had produced a film to be played on all members’ channels demonstrating how to impose parental controls on the entire adult section of the EPG; and
members of the PTVBA have put in place internal procedures to ensure compliance with its principles, including complaint handling and staff training.
Decision
It is a requirement of the Code that content which is considered to be ‘adult-sex’ material must be PIN protected and encrypted (Rule 1.24). In this case, Ofcom did not consider the content complained of to be ‘adult-sex’ material. This decision was reached taking all the relevant circumstances into account, including the sexual explicitness and nature of the images (including such factors as their length and editing) and language, the purpose of broadcasting this material and the overall context in which it was broadcast. In particular, although clearly material of a sexual nature, the programming did not include simulated or real genital stimulation and contact between presenters was avoided.
However, in this case the presenters were wearing thongs and while they thrust their bottoms towards the camera there were a few, brief occasions when their anal areas were shown in intrusive detail. The location of the channel in the ‘adult’ section of the EPG and late transmission were not sufficient to justify these aspects of the content. This, in Ofcom’s opinion, was so revealing as to be offensive and in breach of generally accepted standards on a free-to-air channel in the adult section of the EPG.
The broadcaster, and all others operating in the free-to-air ‘adult’ chat sector, should take great care with physically invasive shots, particularly of the crotch and backside, and where strong visual emphasis is placed on breasts and bottoms, for example by prolonged or extreme close-up, in order to remain compliant with the Code.
Breach of Rules 2.1 and 2.3
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Ofcom standards case: LivexxxBabes, June 2008
