(18-03-2010 13:44 )SxciiSooky Wrote: If you want me to stop interfering with your 'campaign', then if somebody would be so kind as to answer the points I make, rather than nitpick a couple of random points so as to appear to be responding, but really addressing nothing.
I, for one, do not want you to stop commenting, your voice is one of the most valuable as you are on friendly terms with people both in-front of the camera and behind the scenes on various channels. How they feel about the campaign is of the highest relavance.
SxciiSooky Wrote:I'll reiterate the key points that nobody has even hinted at an answer to:
1) If you must have issue, take it up with the pin protected, subscription based 'porn' channels
I would expect porn from them - instead of the watered down stuff they broadcast.
Hopefully when and if the link I need materialises it should add weight to this:
The broadcasters of subscription based 'porn' channels are happy with Ofcom's stance. They do not want to change their current output. They are content to pay the fines that are issued.
From time to time Ofcom will fine subscription based 'porn' channels.
If they refuse to pay the fine then Ofcom will threaten to remove their broadcast license.
If it goes to court there will be all the publicity of how you can legally see much stronger material than they are currently showing.
A Judge would rule in the channels favour. Why?:
The Department of Culture Media and Sport state that "In order to encourage free movement of broadcasts, all broadcasting must comply with the European Directive, "Television Without Frontiers" or TVWF. Broadcasting matters covered by the Directive include sports rights, right of reply, advertising, sponsorship and protection of minors."
Article 22:
1. Member States shall take appropriate measures to ensure that television broadcasts by broadcasters under their jurisdiction do not include any programmes which might seriously impair the physical, mental or moral development of minors, in particular programmes that involve pornography or gratuitous violence.
2. The measures provided for in paragraph 1 shall also extend to other programmes which are likely to impair the physical, mental or moral development of minors, except where it is ensured, by selecting the time of the broadcast or by any technical measure, that minors in the area of transmission will not normally hear or see such broadcasts.
3. Furthermore, when such programmes are broadcast in unencoded form Member States shall ensure that they are preceded by an acoustic warning or are identified by the presence of a visual symbol throughout their duration.
So by explicit instruction from the DCMS, the above, from the TVWF Directive, must comply with the Broadcast Code and current Broadcast Legislation.
Ofcom's "code" says that R18 can not be broadcast.
However:
Now
the High Court said that R18 is not obscene and not likely to seriously impair the moral or psychological development of minors. That is the current legal position, it is now a matter of Case Law and legal precedent made at a Judicial Review. And then subsequently ignored by the Ofcom Code.
Article 22(2) extending to 22(1), says that programmes that are `only` likely to impair minors, can be transmitted at an appropriate time when minors are unlikely to be viewing OR, where technical measures prevent likely access.
The PIN system is deemed effective in allowing violent films to go out at times of the day when children ARE likely to be viewing but, deemed totally ineffective for late night broadcasting of R18 type material when minors are NOT likely to be viewing. Now `porn` and `violence` are not allowed to appear together at R18, and the BBFC enforce that rule with truly religious passion. So exactly what did the Ofcom Content Board Members find so `strong`that in their opinion R18 was more harmful to minors than either the BBFC allow or, the High Court could find evidence for?
22(2) actually states that if there is only a likelihood that children could be impaired by certain material, but not `seriously` then, the transmission can go ahead at an appropriate time or at any time where technical measures permit pre-watershed broadcast. For a decision to ban R18 to be legal, it has to be accompanied by proof that there is a likelihood of `serious` impairment, which currently, simply does not exist.
Article 2(3) TVWF requires member states do not restrict the retransmission of TV programming originating in other EU states as long as it meets TVWF rules. ... In this way the TVWF creates a single market in the EU TV industry. So, as none of the foreign adult services (bar one) have been proscribed since 2000, we must assume that these services do indeed comply with the TVWF rules else the DCMS would have acted to proscribe them.
It follows then that Ofcom cannot have applied the TVWF rules correctly and indeed have created an isolated market actively excluding `EU strength` adult channels being carried by domestic cable and satellite services. This quite obviously goes against the stated objectives of TVWF to create a single market and, affects those `fundamental public interests` such as Freedom of Expression with regard to TV broadcasting.
So why wouldn't subscription based channels want this case presented before a court?
The simple answer is that it would break their current monopoly, the two main broadcasters have the hold on that monopoly. Rival channels would be able to start up in the knowledge that they are free to broadcast R18. It would dent the £200,000,000 a year that the "big two" currently turn over.
SxciiSooky Wrote:have none of you considered the fact that the shows themselves may well not want to be too explicit? What would be the point in having more explicit photos etc available on their subscription websites if you could see it for free on the tv?
Ofcom state that Bang Babes were too explicit. That is why Ofcom issued a formal directive against them a few days ago. I can only assume that Bang Babes
wanted to broadcast at these levels. Are Ofcom justified in saying that their output was too explicit? I guess that is what the BACVA is asking.
SxciiSooky Wrote:Also, having had a glance over the BACVA blog a few nights ago and subsequently looking at it now - I find it interesting that particular non supportive posts that were made on one of the entries are now 'absent'....now who is guilty of censorship?
Hopefully someone at the BACVA will choose to answer this.
SxciiSooky Wrote:It's easy to try and dismiss a difference of opinion as "spoiling for a fight", but how about you actually try and address the points made, rather than hiding behind what is fast becoming little more than 'soundbites'.
In regards to the issue of content - a softcore film is totally different from a live show. The babechannels are classed as softcore. While softcore may include an element of genitalia on display, as a rule it tends not to, relying instead on the hint or suggestion rather than the full reveal. Softcore does not, however, display 'aroused' genitalia. While this can be controlled in a pre-recorded film, it can not be in a live environment.
I don't think the BACVA are campaigning for full on R18 strength to be shown on ftv Babe Channels. However Ofcom suggest that "simulated" masturbation and "simulated" oral masturbation (ie licking a phone!) should not be shown. I think that is the type of scenario that the BACVA are taking issue with.