Ofcom & The UK Adult Industry

(20-06-2010 19:34 )TheDarkKnight Wrote:  Yeah sorry man, I got your post completely wrong there.

My apologies.

No problem...

(20-06-2010 19:34 )TheDarkKnight Wrote:  I assumed, because you mentioned there being no alternatives for girls not wanting to do HC except the babe channels, that you were saying the deregulation of the babe channels would lead the producers to force those girls into shooting HC.

Even if hardcore was available on UK TV, there would still be a market for people who want to chat or have phone sex with the girls. I just think the time has come for something different on pay-per-view. Something that will appeal to the most popular girls, who don't do hardcore porn...

The producers of free-to-view shows, that involve premium rate services, have their hands tied to a certain extent due to OFCOM & PhonepayPlus (ICSTIS) rules & regulations. There are a few other things they could do to keep things interesting for their viewers/customers, but generally it's a tricky situation in case they get stitched up.

(20-06-2010 19:34 )TheDarkKnight Wrote:  When you say you would keep the availability of hardcore as it is currently (internet and DVD only), are you saying that purely for commercial reasons? (your first post)

I'd pull the plug, come up with alternatives for pay-per-view and keep hardcore for the Internet & DVD for several reasons... Firstly, I don't believe in half measures when it comes to porn. Either do it properly or don't bother is my motto. Under the current rules it's not possible to do that on UK pay-per-view, so channels are risking their reputations by implying something harder is available when they are unable to deliver. Also, it would send a message to OFCOM that if they won't let directors/producers have more freedom to show hardcore on pay-per-view, then they won't dictate that channels show softcore either. If OFCOM kept putting their big snouts in after that, then there would be a stronger case for prejudice and restriction of trade against the UK Adult Industry...

The flip side of the coin is if suckers keep spending their money on softcore, then that's their lookout. It's a bit like mug punters who complain about fixed horse races and skullduggery in the racing industry, but don't understand how the handicap system works. Nobody forces anyone to bet or pay for adult services.

(20-06-2010 19:34 )TheDarkKnight Wrote:  When you say you *would* allow hardcore on pay-per-view (your last post) why would you object to HC being available on freeview, given that the only difference between the two is the customers ability to pay for it?

I wouldn't object to it on Freeview... The more choice the better, but channel slots on Freeview are more expensive than Sky and the lack of an official adult section, rather than just random channels, is an issue commercially.

When there was disputes between members on here about Sky & Freeview, my main input was to cover all the angles about Freeview (knowing OFCOM would try and take advantage of certain flaws). As far as free-to-view channels on Freeview are concerned, OFCOM have been looking to change the rules ever since Party Girls first appeared on that platform. Turns out what I expected to happen looks like it will, unfortunately...

(20-06-2010 19:34 )TheDarkKnight Wrote:  Good luck with your project, I'm all for new forms of adult entertainment, especially creative ones.

Muchas gracias amigo...

Winston, do you think this helps explain things?

http://www.babeshows.co.uk/showthread.ph...#pid551759

IanG, I think the days of arguments and endless debates are over, they're not succeeding. Only action can get something done.

There is a collective responsibility from the Government to OFCOM to the UK Adult Industry, and to a certain extent, the BBFC (who claim to be an independent, non-governmental body). They are the main players, who have the power to change things...

All four pose a different set of problems... From my point of view, I've been through most of the problems posed by the regulators/authorities. At the moment, my main concern is the problem posed not just by people in the UK Adult Industry, but the entertainment business in general...

This guy sums it up perfectly...

(19-06-2010 22:48 )eccles Wrote:  

(19-06-2010 10:47 )IanG Wrote:  TDK, further

I'm a long-serving anti-censorship campaigner and that "doesn't apply so much..." bull came from some Baroness in the Lords a few years ago when someone appealed against the refusal of a sexshop license by a Council in Northern Ireland (Belfast iirc).

The irony is that the sex shop legislation, introduced by Margaret Thatcher and drafted with help from the anti-porn leader of Westminster Council, was intended the REDUCE the number of sex outlets in an area. By adopting the legistalation a local council could set a limit on the number of sex outlets in an area, allowing the council to close VERY OTHER sex shop, strip pub, etc in the area. Well that was the idea.

As I understand it - no doubt someone will correct me - either Belfast Council has adopted the legisalation, and by law MUST grant an "appropriate" number of sex shop licences. Or they have not adopted the legislation and have no power to regulate sex shops. The only thing they can do is say the area is inappropriate, the owners/operators have convictions that make them unsuitable, or the required number of licences has been granted. But if they don't grant the licence someone else can apply elsewhere. I'm pretty sure that some councils have even been dragged through the courts for not issusing enough licences.

Unless of course that law only applied in England and Wales.

eccles
You are correct the legislation where Westminster license sex shops indeed only applies to England and Wales. Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 allows local authorities to licence sex shops.
Northern Ireland and Scotland generally have their own statutory provisions to cover national concerns.
When Westminster adopted the legislation they had 18 un-licensed sex shops generally selling sex aids, soft core mags, vids etc. They sought to licence all of the premises and then restricted the maximum number of sex shops to 18 to prevent any more applications/premises. This number still stands today and the fee for a licence is just over £29,000.
Whilst this fee seems high Westminster justify it by claiming that it pays for enforcement against un-licensed premises, raids, seizure/storage of materials, prosecutions to help protect the licensed premises and that there is no financial burden on the local tax payer (residents).

If you have ever visited one in Westminster they are far from sleazy and since the BBFC started classifying R18 films they must be making a mint.

When the Licensing Act 2003 (otherwise known as the 24 hour drinking Act) came about all entertainment involving nudity came off the statute books allowing premises which had the benefit of a music and dance licence to operate topless, full nude ect without seeking additional permissions.

The government has since closed this deliberate loophole following a proliferation of stripclubs opening in heavily residential areas, generally underused pubs/clubs.

I remember Hammersmith and Fulham council facing a massive residential campaign when this happened in their area.

Westminster have 14 strip venues and prevent more by attaching standard conditions on Premises Licenses stating no nudity or sex related activity permitted.






An interesting fact is that westminster employ on a part time basis someone to watch all the porn seized during raids. Watch out for his job advert when he retires. Get in there.

When going through certain threads on this forum, I'm often surprised by the amount of complaining there is about these channels... All this fuss over phone sex/chat channels?

It's a basic, bread & butter format, that in most cases does what it says on the tin. For those that don't call, which is most viewers, it's basically a bit of eye candy. The equivalent of watching any other program or film on TV with the sound turned off. These kind of channels serve their purpose and that's it. Nothing more, nothing less, as should be expected...

The main problem for the UK Adult Industry is a lack of quality alternatives on TV. The kind of alternatives that will make the most of the talent across the channels, and compliment the existing formats. This gap in the market has been there for a while now...

I have plans in place, but the main issues I have encountered with the UK Adult Industry is all the red tape and bullshit that results in a lack of action. We all know about the outdated/prejudiced views of the regulators/authorities in the UK, that prevent hardcore porn from being shown on TV...

The question is, which players in the industry are prepared to take the chance to make something different happen?

What sort of action do you suggest Winston? Only a Court order can force Ofcom into line with the rest of the liberated world.

The UK is at least 40 years out of step. When the VRA 1984 was passed the UK was already 15 years behind most of Europe and the USA with regard to unrestricted access to hardcore porn.

The BBFC only started relaxing their bullshit R18 rules in 1996/7 to help combat the MASSIVE blackmarket that had grown-up to supply the HUGE majority of open and liberal-minded Brits that WANT to view such material.

IF you can find the ITC/BSC, The Public's View, annual reports from 1996-2002, you'll see that over 75% of ordinary folks on the street believe "Particularly sexually explicit material should be available on TV for those that want to watch it". More than half these respondents (40% of a random sample of the public) AGREE STRONGLY with this principle. The ITC simply ignored this data or, perhaps, allowed the 'status quo' (that Ofcom have utterly DESTROYED) to evolve.

We HAD R18-type material on ALL 'adult' channels up until the High Court ruling against the BBFC in 2000. After Jackboots Straw held his emergency 'R18 Review' meeting, the ITC completely rewrote the Broadcasting Code to exclude R18 material - that move WAS/IS ILLEGAL according to ECHR precedents and the simple application of Freedom of Expression. That which is legally available CANNOT be banned from TV because that represents an UNNECESSARY RESTRICTION in the sharing of SAFE AND LEGAL information and ideas.

By LAW, R18 SHOULD be, as it always HAD been until 2000, allowed on TV. End of.

As I say, ONLY a Court can put Ofcom in their shitty rights abusing place and free the public from their tyrannical oppression, fascist sexual discrimination and blatantly contradictory bullshit.

IanG, the R18 situation is a separate issue from what I was talking about in my previous post. I agree with you about hardcore porn being allowed on TV, but regardless of whether it was or not, the UK Adult Industry needs other alternatives. The more choice for viewers/customers, the better...

Part of the problem is the red tape and bullshit, on both sides of the fence, that prevents deals from getting done. If people play the game straight up, then good things can still happen...

(29-07-2010 15:03 )IanG Wrote:  What sort of action do you suggest Winston? Only a Court order can force Ofcom into line with the rest of the liberated world.

I gave my answer in this post... http://www.babeshows.co.uk/showthread.ph...#pid331290

One problem is that current legislation forces separation of sex from ordinary activities. TV can only show fun sex on a registered adult channel. Pubs can only have occasional strippergrams, naughty quizzes and wet t shirt contests if they pay £29,000 for a full blown sex encounter premises licence.

The separation of sex from oridinary activities is unnatural. It's as if you and your girlfriend could only fool around if you both registered as sex offenders.

Force people to pay a fortune for licences and they have to recoup costs. Ghettoise a channel or shop so ordinary customers avoid it and the business will be forced to maximise it's sex related sales.
OR allow mixed business and there will be no incentive to sell porn to everyone who comes through the door, instead of, say beer or kareoke.

Quote:From the Times 6 Aug:
Ofcom ready to drop some of its powers over the media
Ofcom has pledged to give up some of its powers over the media industry, amounting to deregulation "in a host of areas".
Last month the Governmenr published plans to trim the regulator's remit, with further cutbacks to come in 2012.
... among the powers [Ed Richards, Chief Exec] is understood to want scrapped is the requirement for television channels such as ITV, which hold public service licences, to submit annual statements of programme policy to Ofcom. ... detail children's television, news and religion.
... review once every five years of the public service broadcasting industry ... drop duty to carry out networking arrangements between 15 ITV licences.
... David Cameron once said [Ofcom] would "as we know it, cease to exist".
Mr Richards has taken a 10% pay cut, reducing his salary to £343,541 and he has warned Ofcom's 900 staff that there will be redundancies as the organisation seeks to reduce costs.

So basically he's suggesting they give up on Public Sector Broadcasting, reducing their actual workload by a tiny percentage while affecting every family in the country, but no hint about cutting back on the totally disproportionate optional morality policing that they do.

Here's a couple of quotes from earlier this month:

"The Coalition Government does not believe that it is appropriate for a publicly funded employment service to be used to accept vacancies for jobs whose aim is sexual stimulation."

"There are proven links between these sex industry jobs and exploitation in prostitution, and we are relieved that Chris Grayling has not only recognised that, but has had the courage to take action on the issue."

If that is how the new Government view certain jobs within the UK Adult Industry, then it's very unlikely things will change any time soon with regards to free-to-air/pay-per-view adult channels in general...

What these fools don't seem to realise is, by handcuffing the UK Adult Industry with all these rules & regulations, they're effectively pushing it underground.