RE: Is Ofcom Fit For Purpose
In Broadcast Bulletin 151 (8 Feb 2010) Ofcom complained bitterly that BangBabes has taken a previous Ofcom ruling as justification for showing stronger content after 10pm. Here is what they said: “Ofcom is also particularly concerned that the Licensee appears to have formed this view based on Ofcom's published decision regarding 'Bang Babes, Tease Me 2, 17 March 2008; 21:0022:00' (Broadcast Bulletin Issue number 120, 27 October 2008), which states that such content in that particular broadcast was not suitable before 22:00. In Ofcom's opinion by stating content is not suitable before a particular time does not therefore suggest it is automatically acceptable to broadcast later.”.
So exactly what positive guidance has Ofcom given in the past about what is permitted after certain times?
Bear with me if the quotes are a bit long, I am trying to quote Ofcom's own guidance in context in exactly their own words. It's worth it to see what they say IS acceptable.
First there is the Broadcast Code itself. Section 1.18 explicitly permits encrypted channels to show “adult-sex” material after 10pm. That is more explicit material up to 18 certificate strength, deliberately intended for sexual arousal (but not R18 hardcore). It is a perfectly reasonable inference that Ofcom believe this time has some significance, and if it is acceptable to show “adult-sex” material on PIN protected channels from 10pm, then free-to-air channels can also take a step up, particularly as Ofcom themselves believe that PIN-protection is weak.
Then there is Broadcast Bulletin 60, published way back on 15 May 2006, that contained a ruling against a trailer for More4 broadcast on E4 at ten minutes past midnight. The trailer was sandwiched between two programmes with adult content, and was a humorous attempt to highlight that More4 would have more “adult”, ie “serious” content. The promotion, which lasted nearly a minute, started with two women, wearing only thongs, kissing, fondling and embracing each other. As they lay on a bed, they engaged in foreplay. the images were not explicit or graphic, they simply showed two women engaging intimately. Ofcom itself described the content thus “The scenes of “foreplay” between the two women were detailed - as one woman lay between the other’s legs, there were close-ups of her crotch as well as of the other’s naked breasts”.
The entire basis for finding More4 in breach was that viewers could have no likely expectation of what they would see, unlike a drama where there are warnings and a plot build up to sex scenes. In Breach of Section 2.3 (Generally Accepted Standards).
Interestingly, in it’s Decision Ofcom said “While the images were certainly sexually strong in the context of a trailer, they were not as explicit as would be expected under encryption on “adult entertainment” channels. In itself, the imagery was not of a nature that could be described as unacceptable for transmission on a channel like E4 after midnight.”
So here is a clear ruling by Ofcom, that after midnight it is acceptable to show “two women, wearing only thongs, kissing, fondling and embracing each other. As they lay on a bed, they engaged in foreplay … two women were partially naked, the images were not explicit or graphic … simply showed two women engaging intimately … While the images were certainly sexually strong in the context of a trailer, they were not as explicit as would be expected under encryption on “adult entertainment” channels. In itself, the imagery was not of a nature that could be described as unacceptable for transmission on a channel like E4 after midnight. … The scenes of “foreplay” between the two women were detailed - as one woman lay between the other’s legs, there were close-ups of her crotch as well as of the other’s naked breasts.” (light italic text from E4 submission, bold from Ofcom Decision).
… only subject to Rule 2.3 “Generally Accepted Standards”. Ofcom says this strength material is not a breach of Rule 1.17 (R18) or 1.18 (“Adult-sex material”). Give it context and warnings and it is OK.
I love Muffin, Muffin-the-Mule.
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