(07-02-2011 03:07 )vostok 1 Wrote: (07-02-2011 02:39 )Scottishbloke Wrote: I believe in time we will see a more gradual move towards proper R18 material as it is achievable. Other countries in Europe have questioned the censorship rules and have won. To defeat Ofcom you have to take a stand and exhaust every revenue that is possible, which none of them have so far done.
There is a gentleman's agreement between Benelux Ltd (Playboy/Adult channel) and Northern and Shell (TVX). Both Broadcasters have agreed to stick to a fair game and not show hardcore. Northern and Shell (TVX) did play dirty and briefly show hardcore to entice new subscribers, Benelux Ltd cried to Ofcom: a record fine.
The biggest critic of allowing Hardcore subscription TV? Not the religious nutters or the Mary Whitehouse brigade or Ofcom but the AITA, the trade body that represents licensed sex shops. They were the ones who publicly claimed that encrypted/subscription based R18 on TV is harmful, yet a hardcore DVD from a sex shop is safe.
The backbone of the response by the Adult Industry Trades Association back in 2004 to Ofc@m was about inadequate pin protection and that broadcasters would have an unfair advantage both financially and legislatively over licensed sex shops.
The full response can be found here
http://stakeholders.ofcom.org.uk/binarie...s/aita.pdf
Now i do not know what weight Ofc@m gave this response in relation to keeping R18 material off our screens but personally the claims made lack detail and evidence.
From the AITA response
'Since our launch AITA has concentrated on two main areas. Firstly, the restrictions local councils impose on sex shop licenses. At present there are only 250 sex shops nationwide. We are due to meet with the Local Government Association and the Home Office in November to discuss this in further detail.'
The stated restrictions relate to the number of licensed sex shops that local authorities allow within certain locations as permitted under Part 2 schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982. If that number has already been granted or an application is deemed inappropriate considering the character of the area, the nature of other premises in the area, or the premises themselves then there is no appeal against this decision.
Representations by the AITA to the Home Office and the LGA have not changed this restriction nor is it likely too.
'Secondly, the restrictions governing the sale of British Board of Film Classification (BBFC) R18 certificated material. We have entered into dialogue with the Department of Culture, Media and Sport asking them to review current legislation and to provide effective enforcement against those companies trading in non classified material in order to stem the tide of grey imports from overseas. In short, we are seeking fairer trading conditions for adult retailers.'
Enforcement of the provisions of the Act lies entirely with the local authority. The greatest concentration of premises in the UK is in Soho licensed by Westminster City Council. They have a dedicated team of four officers who are constantly raiding and confiscating both classified and un-classified video's from un-licensed premises.
There is very little contact between the enforcement team and the licensed premises as their operation causes little concern in relation to nuisance, crime or harm.
Three licenses are currently available and with an annual turnover of between 1.5 to 3 million pounds per shop, depending on its location, its little wonder these operators have formed a responsible body to represent and protect their interests.
'AITA has examined OFCOM's consultation paper and paid particular interest to the section outlining the possibility of R18 movies being broadcast in UK. The committee is wholeheartedly against hardcore being broadcast on television, even through encrypted services. The Video Recordings Act (1984) restricts the sale of R18 movies from licensed sex shops ONLY and the transaction must take place, face to face, in store to ensure the customer is over the age of 18. If OFCOM were to allow R18 movies to be broadcast directly into homes with only a PIN code safeguard, we feel that this would not provide adequate
protection for minors. Furthermore, if R18 material were to be transmitted through encrypted services, broadcasters would have an unfair-advantage both financially and legislatively over licensed sex shops.'
Whether its an R18 video or a pint of beer, you have to be 18 or over to purchase such items.
There is no stated evidence that R18 pornography causes harm to minors but there is plenty of health related evidence on the physical, psychological and physiological harm relating to consumption of excess alcohol.
If under 18's can purchase alcohol due to their visual maturity, physical characteristics etc then they can also purchase an R18 video. Licensed sex shops have no additional safeguards in place over those in licensed pubs or off-licenses to minimise such purchases.
The current pin protection facility on all receiver equipment is more than adequate to block either individual channels or a block of channels. This facility could be made more secure, if the evidence was there to prove real harm to children, to pre-block these channels prior to delivery so that households have to consent to receive them. The AITA have not provided any proof to back up their claim regarding pin protection, it is just a throw away statement.
The Police no longer have any concern with licensed sex shops and do not raid such premises but are constantly working with trading standards officers to entrap alcohol licensed premises to sell to under 18's and revoke licenses.
The same as their statement concerning 'unfair advantage', it has no material relevance and is probably illegal under european law.
The Video Recordings Act (1984) restricts the sale of R18 movies from licensed sex shops ONLY and the transaction must take place, face to face, in store to ensure the customer is over the age of 18.
The same companies that the AITA represent and on whose behalf they made the above statement have also been penalised by trading standards officers for supplying R18 content through the post in breach of the VRA and also advertising mail order R18 and then supplying 18 rated content. They currently supply mail order (R18 equivalent or stronger) content through a third party from overseas (Customs and Excise prevailing) even though the financial transaction is carried out in the UK. So yeh they realy have the protection of the under 18's to heart. Get real Ofc@m.
If this organisation, through their consultation representation swayed Ofc@m in maintaining their stance on the prohibition of R18 material on encrypted TV without a shred of stated evidence then Ofc@m seriously need to listen and act upon the own consultants recommendations.
http://www.babeshows.co.uk/showthread.ph...56&page=48
It's time for change.