(05-10-2009 20:03 )Bob Paradiso Wrote: So many thanks to one and all then, and by way of explanation for the rather guarded nature of our content, it's perhaps best said that a certain organisation that I shall henceforth refer to as 'The Powers That Be' have got their beady eye on us. Suffice to say that I've been a member of a lot of clubs down the years: had a few dust ups, rumped the wrong gals if you know what I mean. I've made many an enemy in my time. So I'm afraid it's a case of softly, softly catchee monkey, what? I'd ask you judge us in three months time chaps, rather than now. You seem a decent bunch, I'd certainly afford you the same courtesy were the boot on the other foot.
Some stuff for you to peruse concerning "the powers that be."
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.
The Ofcom Broadcasting 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.
If you follow the guidance under the
"EU Television Without Frontiers directives you comply with the law. So no justified reasons for you to be fined.
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 the case is) 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 you were 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 and you could comfortably broadcast a level of explicitness similar to Bang Babes current output.
If the daytime broadcasts do not show nudity, or participate in "Adult Chat", then they also would comply with TVWF directives as recognised by The Department of Culture Media and Sport and you could comfortably broadcast a level of explicitness similar to Elite TV's current output.
Or perhaps Ofcom are right to illegally enforce a so called "code"?
But if you are happy to run a business and turn a profit with a "paranoid" style of broadcasting, then what does it matter? It has worked for Cellcast. Good luck either way.