With a fine of £90,000 issued against Satellite Entertainment Limited on the 24th June 2011 for not providing recordings against nine broadcasts, the regulator has struck again.
Ten more investigations against the licensee for channels 967 Sport XXX Girls, 954 Essex Babes and 955 Northern Birds have been concluded and ALL found 'In Breach'.
Office Girls, SportXXX Girls, 5 April 2011, 22:00: Breach of BCAP Rule 4.2 & Licence Condition 11.
40+ Readers Wives, Essex Babes, 5 April 2011, 22:00 to 23:00: Breach of BCAP Rule 4.2 & Licence Condition 11.
Office Girls, Sport XXX Girls, 6 April 2011, 22:00 to 23:00: Breach of BCAP Rule 4.2 & Licence Condition 11.
40+ Readers Wives, Essex Babes, 7 April 2010, 22:00 to 23:00: Breach of BCAP Rule 4.2 & Licence Condition 11.
Sport XXX1, Northern Birds, 8 April 2011, 22:00 to 00:00: Breach of BCAP Rule 4.2 & Licence Condition 11.
Sport XXX1, Northern Birds, 10 April 2011, 22:00 to 00:00: Breach of BCAP Rule 4.2 & Licence Condition 11.
Office Girls, SportXXX Girls, 10 April 2011, 21:00 to 22:00: Breach of BCAP Rules 4.2 & 32.3 & Licence Condition 11.
40+ Readers Wives, Essex Babes, 10 April 2011, 22:00 to 23:00: Breach of BCAP Rule 4.2 & Licence Condition 11.
Office Girls, SportXXX Girls, 13 April 2011, 21:00 to 22:00: Breach of BCAP Rules 4.2 & 32.3 & Licence Condition 11.
Office Girls, Sport XXX Girls, 14 April 2011, 00:00 to 01:00: Breach of BCAP Rule 4.2 & Licence Condition 11.
Rule 4.2 of the BCAP Code provides that:
“Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards.”
Rule 32.3 of the BCAP Code states:
“Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.”
Licence condition 11 requires that copies of broadcasts must be retained for 60 days and provided upon request.
Ofc@m has stated that it will not tolerate serious and/or repeated breaches of the BCAP Code in this area by services operating in the sector of daytime and adult chat and will not hesitate to take robust enforcement action where necessary. In the breach finding against SEL published in Broadcast Bulletin 185, Ofc@m warned SEL that we would not expect further breaches of the BCAP Code to occur again. In light of the serious and repeated Code breaches recorded in this finding SEL is put on notice that these present contraventions of the BCAP Code are being considered by Ofc@m for statutory sanction.
Having already issued a financial penalty of £90,000 as recently as June then i can only assume that either a further, more substantial penalty will be issued or revocation of all licenses.
My money is on revocation and the reason i say this is that SEL did not respond to Ofc@m in defending the content of the shows allowing the regulator to make all sorts of ill judged and biased comments. Ofc@m do not like or tolerate licensee's who do not cooperate with their investigations.
Ofc@m have firmly made SEL responsible for content compliance this time following SEL's previous defence that they were let down by a third party.
It is not known who made the complaints but the way Ofc@m have stated this leads ne to believe it is from a rival broadcaster.
Ofc@m received a number of complaints about the content listed above. The complainants were concerned about the level of sexual content which they considered was capable of causing offence.
So the complainants were not offended but stated what the BCAP code says about capable of causing offence.
Latest Bulletin
http://stakeholders.ofcom.org.uk/binarie...obb186.pdf
Previous 'In Breach' finding.
http://stakeholders.ofcom.org.uk/binarie...inment.pdf
You will also notice that the Broadcast Bulletin now contains more information concerning Ofc@m's current investigations list as well as a list of complaints received but with no further action.
Elite TV are mentioned in both the
Complaints Assessed, not Investigated list as well as the
Other Programmes Not in Breach, is this due to the tameness of their shows or a more robust defence being put to the regulator.