TDK, great stuff. Some good points esp. on the channel blocking/selection that's already available on STBs.
I haven't read through all the options analyses - its like wading through treacle. What you generally need to look for is spin. Ofcom will have presented their version of why they believe an option is right or wrong but, of course, not all their reasoning stacks-up (which I think you've spotted).
(09-11-2009 13:50 )TheDarkKnight Wrote: I feel i need to say more here but I also feel I don't completely understand the question...
Question 2a: Do you agree with our analysis of the options available for regulation of the promotion of premium rate services of a sexual nature, and a) that on the basis of options, a change to the existing rules appears merited?
We do not agree that a reclassification of these broadcasts is merited.
We do not agree with the range of options presented.
We certainly don’t agree that the requirements for changes should result in the cessation of broadcasts simply because a change has occurred, as appears to be the case.
I think you could work-in the interpretation of the ECJ judgement. If it was for a quiz channel then this model of 'shopping' hardly applies to adult chat. A quiz channel is actually tele-gambling - they make money by not putting people in the 'you have been selected queue' and, even of those that do get in the queue, only one caller gets selected from the hundreds on hold before the next round of caller-roulette begins. These channels are an outright con and there are NO protections whatsoever to stop children calling the on-screen number (despite the small print) and running up telephone bills in the hundreds of pounds/euros.
Then there are these overtly simple multiple choice 'competitions' that many mainstream TV programmes run that are also a total scam. They generally run for a week or more charging at least 1 pound per entry. These are also usually only limited to the over 16s - i.e. 'children' under 18 can enter them. However, its just one great lottery with one winner from thousands of entries (assuming you submitted the correct answer). How you're supposed to check you're in the draw I don't know. How they stop people under 16 trying to enter the draw I don't know.
The bottom line is, these quizzes/competitions are far more deceptive and open to abuse (and addiction) than calling up an on-screen babe to chat to. Where exactly the 'service' or 'goods' being advertised on these quiz shows exists is anyone's guess - sure, there's a prize to be won but, being the one to win it doesn't necessarily relate to how much you spend trying to win it.
A true tele-shopping channel demonstrates/advertises goods that people call-in to order and which they then receive through the post. There's an additional PAYMENT for the actual goods being bought far and above the cost of the call. Callers are generally not part of the editorial content of the programme.
A babe channel may well be advertising a PRS number much the same as a quiz channel. Unlike a quiz channel, you are guaranteed entry into the service whenever you call that number - its not a money-spinning lottery. Callers have options within the service to wait, chat or listen-in - they pay for the service as they use it (PAYG). Moreover, the callers generally have some influence as to what happens on-screen - they do indeed make an editorial impact on the content of the show (they may well be likened to script writers with regard to the listeners and/or directors with regard to passive viewers).