RE: Anyone else losing interest?
Hofmiester: I am currently drafting a letter to Ofcom, it would be a big help if you could ask your bosses to ask their Lawyers these three questions and let me know.
1) Is it correct to say that the Ofcom Code has never been laid before Parliament and therefore is not law and can only be used as a guide and should comply to current legislation, specifically the EU Television Without Frontiers directive?
2) Is the Ofcom Code simply a set of guidelines to current broadcasting law and nothing more as it is not on the Statute Books and has not been laid before Parliament?
3) If you follow the guidance under the Television Without Frontiers directives you would comply with the law, so why have you been fined for broadcasting what Ofcom call "Adult sex material"?
Since The Department of Culture Media and Sport states that “In order to encourage free movement of broadcasts, all broadcasting must comply with the European Directive, “Television Without Frontiers” or TVWF.
Broadcasting matters covered by the Directive include sports rights, right of reply, advertising, sponsorship and protection of minors.” The key word there is MUST. All broadcasting MUST be compatible with the TVWF Directive.
Article 22 of TVWF:
1. Member States shall take appropriate measures to ensure that television broadcasts by broadcasters under their jurisdiction do not include any programmes which might seriously impair the physical, mental or moral development of minors, in particular programmes that involve pornography or gratuitous violence.
2. The measures provided for in paragraph 1 shall also extend to other programmes which are likely to impair the physical, mental or moral development of minors, except where it is ensured, by selecting the time of the broadcast (post watershed topless content, as you do) by any technical measure (the ability for parents to remove all 900 channels from the Sky Digital EPG and the ability to delete seleted channels from freeview, as you do) that minors in the area of transmission will not normally hear or see such broadcasts.
3. Furthermore, when such programmes are broadcast in unencoded/Un-encrypted form Member States shall ensure that they are preceded by an acoustic warning or are identified by the presence of a visual symbol throughout their duration.
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So, the way I see it by explicit instruction from the Department of Culture Media and Sport, the above, from the TVWF Directive, must comply with the Ofcom Broadcast Code and current Broadcast Law.
It follows then that Ofcom cannot have applied the TVWF rules correctly. This quite obviously goes against the stated objectives of TVWF to create a single market and, affects those `fundamental public interests` such as Freedom of Expression with regard to TV broadcasting.
So if the Babe Channels were to continue to show a warning message (as has already been done with the PTBA advert), and show a small “18” certificate after 10pm then the broadcast would be compatible with TVWF Directives as recognised by The Department of Culture Media and Sport.
Perhaps all those (unjustified) fines were illegal?
Thanks.
(This post was last modified: 17-09-2009 23:36 by vostok 1.)
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