(12-10-2009 17:05 )admin Wrote: This is totally incorrect. That kind of language is not allowed to be used on the babe channels.
Take Ofcom's judgement against Babestar for example, where it was said that what Babestar "was transmitting was considered seriously unacceptable in unencrypted form. In particular, the extreme explicitness of the language transmitted was of an adult sex nature and was wholly unsuitable for transmission on a free-to-air service."
http://www.ofcom.org.uk/tv/obb/ocsc_adjud/look4love.pdf
The type of language
can be used on a Babe Channel. (With the correct Broadcast licence.) BabeStation can broadcast such language (post watershed) as they hold an "Editorial/Entertainment" Broadcast licence and they
are not subject to the BCAP Advertising code. Babe Star fell foul of Ofcom because they were subject to the
BCAP TV Advertising advertising code and ASA rules (incorporating rules on the scheduling of TV adverts) because
they only held a "Telly Shopping" broadcast licence.
And the language used was only the tip of the iceberg.
The main issue in Babestar having their licence revoked was that they had a
broadcast licence as a Telly Shopping channel, therefore they fell under the scrutiny of the ASA, which does not permit "adult sex material" within advertising.
A Premium rate telephone service of a sexual nature was used, which goes against the BCAP TV Advertising standards code.
They didn’t have the correct licence to show a Babe Show. They were given the chance to rectify this and they didn't bother.
Babe Star also stated that the whole show was live. It wasn’t. Babestar continued to advertise that you could speak to the Girl on screen. You couldn't. The callers were being defrauded.
The rolling t&c’s banner was too small, they were given ample opportunity to change this. They didn't.
OFCOM and the ASA gave them a chance to rectify the problems. They chose not to.
Taken from the adjudication:
" At the beginning of the investigation, it appeared to the Executive that the licensee either had a fundamental lack of understanding of the requirements of the Advertising Code and its responsibilities under its licence, or simply ignored advice, warnings and a direction from the organisations that regulate it.
The licensee had explained to Ofcom that it had been approached by a third party supplier to use evening slots to transmit “babestar content”. Simon Woolnough stated that he was unaware, at that stage, that such material would not be permitted on a teleshopping licence - albeit he was at the time responsible for compliance of the service under Television Concepts’ licence.
The view of the Committee was that the licensee had been persuaded to broadcast material under his licence without first checking to ensure it was compliant both with licence conditions and the relevant Codes. He had not therefore taken his licence obligations sufficiently seriously.
The Committee considered that the licensee had had many opportunities to remedy the situation but had failed to take any effective responsible action. The licensee had persisted in this and had taken a seriously reckless approach as to whether or not the material was compliant in circumstances where the licensee was broadcasting a profitable service for the first time since the business started."
The language used
can be broadcast. However it can not be used within the context of a TV Advert or Telly Shopping channel as it is
subject to the BCAP Advertising code. Babe Stars failure to secure the correct broadcast licence caused the ASA to pass the matter onto Ofcom, which then led on to the sanction.
The Babe Station channels hold an "Editorial/Entertainment" Broadcast licence, therefore they
are not subject to the BCAP Advertising code.