Of course there are 'rules' otherwise Bang Channels Limited and Bang Media (London) Limited would not have been fined £147,250 by Ofcom's Broadcasting Sanctions Committee for breaches between 20th June 2009 and 25th November 2009 on both Tease Me TV and Bang Babes.
Bang Channels Limited and Bang Media (London) Limited were sanctioned against the Broadcasting Code that came into effect on the 25th July 2005.
The problem with the code is that it is not objective but very subjective therefore leaving the broadcaster open in interpreting it's intentions and if that differs from Ofcom's viewpoint then the broadcaster is found to be in breach.
Ofcom always state that the code should not be read in isolation but in association with published guidance, historic decisions published in their fortnightly Broadcast Bulletin's and letter's/e-mails sent to all broadcasters following a breach.
Some of the breaches found against Bang Media (London) Limited who operate Tease Me TV (The Pad) were for excessive exposure of nipples, inappropriate poses and movement by the presenter's etc.
Ofcom state that they offered guidance on compliance to the broadcaster and i have included this direct from their formal published decision.
Guidance from Ofcom
30. As part of its regulatory function, the Ofcom Executive had raised concerns about certain content broadcast by Bang Channels and Bang Media with the broadcasters and offered the Licensees compliance guidance. This included email correspondence in February and April 2009 and letters containing guidance sent in April and November 2009.
31. The guidance was therefore provided both before the transmission of the first recorded breach (20 June 2009) and variously prior to the transmission of later breaches.
32. The Ofcom Executive also provided guidance to all relevant broadcasters via two published notes in Ofcom‟s Broadcast Bulletin 137 and 144 and a letter to all broadcasters in August 2009.
Now these e-mail's and letter's are private to the broadcaster but you can be rest assured that Ofcom's ineptitude, and i use this word quite intentionally, in giving clear and distinct guidance they would have only dealt with the nip slips and not the amount of breast exposed.
Now i can only assume that the operators of The Pad, Elite TV Daytime and more recently Party Talk are now operating in full compliance with this recent guidance and ensuring no nip slips by requiring presenters to wear nipple covers but leaving the rest of the breast exposed, albeit covered in a flimsy net body stocking.
Again direct from the breach decision
The Pad; Tease Me 3, 20 August 2009, 12:00
92. The Committee noted that this programme was found to have breached Rule 1.3 and concerned the broadcast of unsuitable daytime content. It then noted that there is currently no directly relevant precedent for the level of financial penalty to be applied in such cases. The Committee were therefore left to consider how seriously it regards such contraventions. The Committee noted that daytime content represents programming accessible to children. It considered that the protection of minors is a key statutory duty for Ofcom. In light of this, the Committee considered that adult programming, if accessible to children should be viewed with the utmost seriousness and should be punished accordingly.
93. The Committee considered that, in this instance, the risk of harm to children and offence to viewers in general was significant. The presenter of the programme had adopted clearly sexual positions for relatively prolonged periods of time and her nipples were clearly visible at various times. The material had no editorial context other than sexual stimulation and such material should not be broadcast at a time when children would be able to view it. The Committee therefore considered that the breach identified was sufficiently serious so as to warrant the imposition of a financial penalty.
94. The Committee noted the Licensees‟ representations that the Licensee had taken steps to ensure compliance with Ofcom‟s guidance on daytime programming and had invited Ofcom employees to comment on their footage. The Committee noted in this regard that it is not for Ofcom employees to vet footage supplied by a licensee. Whilst Ofcom will endeavour to assist licensees in meeting their licence obligations, compliance is a matter for the licensee. Ofcom employees had provided Bang Channels with written guidance as to acceptable material during daytime programming on two separate occasions prior to the breach.
So now the channels are operating within guidance issued by Ofcom that no nipples are to be exposed. Now it is not a question of how much breast is exposed BUT how it is exposed. Ofcom do not need to state what percentage of breast exposure is suitable only that they believe that the material has no editorial context other than sexual stimulation and such material should not be broadcast at a time when children are able to view it = breach.
I say enjoy it whilst you can because it will not last. If you read other threads associated with Ofcom you will see that there are current investigations against the channels. So far 11 additional complaints in August against Bang Babes/Early Bird.
Weekly Complaints link
http://stakeholders.ofcom.org.uk/enforce...omplaints/
Full Minuted Decision link
http://stakeholders.ofcom.org.uk/binarie...annels.pdf
I don't believe that Bang Channels Limited and Bang Media (London) Limited will just pay the fine and continue their operation, albeit pushing the limits on daytime tv. I believe they will be seeking redress through the courts, as is their Human Right although i still need to check out their bank balance with Companies House.