(26-11-2010 16:42 )mancub Wrote: I've had confirmation that none of Dannii's performances are linked to this matter
Confirmation from whom, Ofcom, give over. It was generally the daytime performances that Ofcom allege were in breach of their code, and Danni, as much as i enjoyed her performances had more deliberate nip slips than any other performer, in the same way that Amanda R had pussy slips. I don't blame the performers as this is what the producer/cameraman appeared to continually permit/encourage.
Now Ofcom state in their pre-amble to the revocation notice that Bang were reckless with regard to compliance.
1.23 Indeed, in the sanctions decision of 29 July 2010, Ofcom stated explicitly that the Licensees’ contraventions amounted to recklessness indicative of a “wholly inadequate compliance system”. It also noted that “some of these contraventions occurred despite Ofcom providing the Licensees with guidance on a number of occasions”, and that “such repeated compliance failures will not be tolerated”.
and on their twitter page they have stated
'At the time Ofcom warned of a wholly inadequate compliance system that “amounted to manifest recklessness” and warned that such repeated compliance failures would not be tolerated.'
Now i remember some years ago being driven through Glasgow at a very fast speed and being stopped by the police who stated that they do not prosecute for speeding but for reckless driving. A more serious offence because you are knowingly driving at a speed in excess of the stated speed. So deliberately (with knowledge) breaking a stated speed limit (objective rule/condition).
So Ofcom are stating that Bang, knowingly and with intent, deliberately breached their Broadcasting Code. Now if the BC was clear, concise and objective i would be the first to say Bang were reckless in their actions and they deserve all that has been thrown at them, but, the majority of the BC is very subjective and open to interpretation. This is evidenced by the amount of additional guidance given to broadcasters, especially babe channel operators when Ofcom seek to impose further restrictions, again noted in the revocation notice.
1.21 Ofcom has provided guidance to industry and to the Licensees directly on compliance with the relevant codes on a number of occasions, in particular:
Compliance Guidance
• 23 April 2009 (e-mail guidance to the Licensees);
• 28 April 2009 (e-mail guidance to the Licensees);
• 6 July 2009 (Guidance note published in Broadcast Bulletin);
• 3 August 2009 (Letter of guidance to adult sex chat broadcasters);
• 6 November 2009 (Letter of guidance to the Licensees);
• 3 December 2009 (meeting with the Licensees);
• 8 January 2010 (letter of Guidance to the Licensees); and
• 21 January 2010 (meeting with the Licensees).
If an enforcing authority has to constantly give guidance to an industry on how to comply with it's code then something is inherently wrong with the way the code is written in the first place and in direct conflict with advice given by central government to all enforcement agencies.
Now if i were a new licensee/operator of a babe channel would Ofcom expect me to read the last ten years of broadcast bulletins and e-mails sent regarding compliance or just ask me to observe the advertising/broadcasting codes. If it is the former then Ofcom are seriously non compliant with government advice.
Can you imagine all Environmental Health departments sending out compliance e-mails and letters to all their food producers/retailers everytime they prosecute or issue a food prohibition/improvement notice. No, it's a nonsence, EHO's would never get their work done. Food legislation is properly drafted and understood to enable the industry to operate with minimal interference from the regulators, and this is how it should be with the babe channels. I believe Ofcom prefer to keep it their way so that they can constantly change the rules (interpretation) and suppress the output of these channels.
Ultimately Ofcom's desire is to remove these channels completely and they have now fired the first shot.
I believe the broadcasters need to be more robust in their responses to Ofcom's challenges and that we the consumer need to pressure Ofcom's sponsor to seek change in Ofcom's enforcement regime so that they are compliant with AVMSD and HRA.