As a bit of a lurker I thought you might like to know about the early policy decision to ban R18. There is some interesting background in the 3rd attachment to this Freedom of Information reply
http://www.whatdotheyknow.com/request/mi...ing-320688
http://www.whatdotheyknow.com/request/12...144545.pdf
The 3rd attachment has 4 sets of Policy Executive (PE) [/size]minutes,covering 21 Feb 2005 (pg1-5),28 Feb (pg7-9),7 March (pg11-16),4 April (pg17-21).
In the 1st set of minutes from 21 Feb 2005 (pg1 section 3) "PE
rejected the substantive recommendation that the prohibition on "R18" should be lifted, subject to ...measures to prevent under 18s..." They argued that there was not sufficient evidence that technical measures would protect under 18s.
Frustratingly it is not clear what research or other information the PE had at that stage. Stragely despite having reached a decision "PE agreed that the paper for discussion at the Content Board Meeting 7/8 March should contain
either the PE's negative recommendation or no recommendation;"
Content Board (CB) minutes from 7/8 March 2005 say in Section 2:
"the recommendation of the executive [as passed down to them] was:
• That the transmission of
“R18” sex material was acceptable under Article 22(1) of the TWF Directive i.e. the transmission of such material might not ‘seriously impair the physical, mental or moral development of minors’; and
• That generally accepted security standards could be applied, so that
members of the public would be adequately protected from offensive and harmful material.
It was NOTED that these recommendations followed detailed debate by the executive and had not been reached unanimously."
and
"that
the executive had decided not to make a recommendation on the third test whether people under the age of 18 could be protected by means of adequate security mechanisms."
The last highlighted section contradicts what the PE had actually decided, to reject lifting the ban on R18.
CB was unable to reach a clear decision but decided to err on the side of caution and keep the ban on R18.
For what it's worth Tim Suter was present at both PE and CB meetings. Staff members present are not listed. It is standard practice to have at least one liaison person.
http://www.ofcom.org.uk/static/about/con...tes/25.pdf
Section 5 of PE minutes from 4 April 2005 (the last set, pg19 near the end) might interest you. This was over 2 weeks
before reports into PIN protection and the effect of R18 on under 18s were due out. The Policy Executive (PE) had seen "trends" but not the full report. In it the PE decided to recommend that PIN security measures were not sufficient to protect under-18s from R18 material.
They decided BEFORE seeing the full research results.
In fact the minutes show the decision had been taken well before, on 21 Feb.
Also "PE agreed that the team should consider whether Ofcom would want to appeal if the final decision was to be overturned following a legal challenge."
Who knows if they would even have appealed if one of the broadcasters had taken them to court.