RE: Ofcom Discussion
Agree totally with SB.
Full frontal nudity is allowed sufficiently after the watershed provided it is justified by context. The stronger the content the higher the hurdle. Being later at night, on a program or show where nudity or sexual content can be expected reduces the scope for reasonable offence. If someone is in the habit of habitually walking around in the nude, or a film is establishing that a detective is in a steamy relationship that may cloud their judgement that is justified. Nudity can reasonably be expected in fiction or documentary about a strip club or nude cabaret, like the behind the scenes documentary about the Crazy Horse cabaret that Sky Arts shows at regular intervals.
Going naked in the bedroom or shower in a reality TV show isnt a great stretch.
Going naked in a contrived situation to titillates viewers? There is a balance between what is shown, how graphic, close up, how lingering, lateness, channel, warnings and expectation. Unbelievably soft furnishings, mood lighting, music and the absence of "sex noises" makes it more acceptable.
An impression that the scene is gratuitous for ratings makes content less acceptable, as does a feeling that it is filmed in an exploitative way.
The threshold for genitalia is higher than bums or breasts, but not impossible. Provided they are not aroused or touched. If they are the guideline, if there were one, would be almost never. You had better have a very good reason.
I reckon a TV show could feature a topless dance line up after 10 without breaking rules, with adequate warnings, provided the title made it clear and it was not on a channel regarded as "safe" - BBC, ITV, Discovery, Sky Sports, Muslim World.
BUT Babe channels are advertising, and the law is different. Section 319.2(f) of the Communications Act says rules for entertainment must provide "adequate protection" against offensive and harmful material. That has leeway. However section 319.2(h) says the rules must "prevent" "advertising" which "may" be harmful or offensive. That rule pits the balance of probability against adverts, and "prevent" is very different from "adequate protection".
That said, if every ad that "may" cause harm or offence were banned, there would be none. The Dyson fan ad features an unveiled woman. The Kia Sorento ad features a twat with a ponytail. The Galaxy chocolate advert features Audrey Hepburn, who is dead. The Stork cake baking advert shows a cake rising in an oven, a clear reference to male election inside a vagina. The Kenco advert associates tattoos with violent gang membership, which must be seriously insulting to people with tattoos. The McDonalds ad showing a hairdresser nattering to some kids mum suggests hairdressers and/or women are vacuous morons who talk endlessly. Need I go on?
Some of the above examples are more credible than others, but all "may" cause offence. My point is that the supposedly rigid rule is actually interpreted flexibly.
Gone fishing
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