Finally the period of 'not investigating the babe channels' is over:
http://stakeholders.ofcom.org.uk/binarie...obb213.pdf
I knew it was too good to last...
Shylok
In Breach
Storm Night
Storm (Channel 966), 18 June 2012, 21:00 to 21:30
Introduction
Storm Night is a segment of interactive ‘adult chat’ advertising content broadcast on the licensed service known as Storm (Sky Channel 966). The service is freely available without mandatory restricted access and is situated in the ‘adult’ section of the Sky electronic programme guide (“Sky EPG”). Viewers are invited to contact onscreen presenters via premium rate telephony services (“PRS”). The female presenters dress and behave in a sexually provocative way while encouraging viewers to contact the PRS numbers.
The licence for Storm is owned and operated by Live Television Limited (“Live Television” or “the Licensee”).
Ofcom received a complaint that content on this service, broadcast shortly after the watershed, contained sexual images that were too strong to be shown at this time.
Ofcom noted a female presenter on screen wearing a translucent leopard skin print one piece outfit, which clearly showed the presenter’s breasts. The outfit was cut away at the sides and back and featured a thong style back. In addition, she wore a black thong, under the one piece outfit, and fishnet stockings. From around 21:15, and until at least 21:30, the presenter adopted various sexual positions: she lay on her side with her legs apart (albeit away from camera) while thrusting her body up and down, stroking her breasts and inner thighs and pulling down her top to reveal her cleavage; she moved onto all fours and thrust her bare buttocks (albeit at an angle slightly away from camera) to mime sexual intercourse; and, she knelt upright on her legs and moved her body up and down to mime sexual intercourse. While adopting these positions her outer genital area was briefly visible.
Ofcom considered this material raised issues warranting investigation under BCAP Code Rule 32.3, which states:
“Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.”
We therefore sought the Licensee’s comments as to how this material complied with this Rule.
Response
The Licensee said that “the translucency [of the leopard skin print] visible on-screen was not visible in the studio”. Live Television explained that it has since advised all production staff to ensure that the clothing worn by presenters is monitored as broadcast, so that their bodies are adequately covered. The Licensee added that producers of the show have also been reminded of the need to ensure that material broadcast immediately after the watershed is suitable for children.
Ofcom Broadcast Bulletin, Issue 213
10 September 2012
42
Decision
Under the Communications Act 2003, Ofcom has a duty to set standards for broadcast content as appear to it best calculated to secure the standards objectives, including that: “the inclusion of advertising which may be misleading, harmful or offensive in television and radio services is prevented”. This objective is reflected in the rules set out in the BCAP Code.
The BCAP Code contains rules which permit ‘adult chat’ services to be advertised (and so broadcast) within prescribed times and on free-to-air channels that are specifically licensed by Ofcom for that purpose. When setting and applying standards in the BCAP Code to provide adequate protection to members of the public from serious or widespread offence, Ofcom must have regard to the need for standards to be applied in a manner that best guarantees an appropriate level of freedom of expression in accordance with Article 10 of the European Convention of Human Rights, as incorporated in the Human Rights Act 1998. However, the advertising content of ‘adult chat’ services has much less latitude than is typically available to editorial material in respect of context and narrative. A primary intent of advertising is to sell products and services, and consideration of acceptable standards will take that context into account.
Rule 32.3 of the BCAP Code states: “Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.”
Appropriate timing restrictions are judged according to factors such as: the nature of the content; the likely number of children in the audience; the likely age of those children; the time of the broadcast; the position of the channel in the relevant electronic programme guide (e.g. the “adult” section); any warnings; and mandatory restricted access.
On 27 July 2011 Ofcom published revised guidance on the advertising of telecommunications-based sexual entertainment services and PRS daytime chat services (the “Chat Service Guidance”)1. This clearly sets out what Ofcom considers to be acceptable to broadcast on these services post-watershed. In particular, the Chat Service Guidance states that with regard to material broadcast after 21:00 ‘adult chat’ broadcasters should ensure that:
“After 9pm any move towards stronger – but still very restrained – material containing sexual imagery should be gradual and progressive. There should not for example be any miming of sexual acts between 9 and 10pm”.
Ofcom has also made clear in numerous previous published findings that stronger material should appear later in the schedule and that the transition to more adult material should not be unduly abrupt at the 21:00 watershed2.
1
http://stakeholders.ofcom.org.uk/binarie...idance.pdf
2 For example:
Red Light 2,
http://stakeholders.ofcom.org.uk/binarie...obb196.pdf
ChatGirl TV,
http://stakeholders.ofcom.org.uk/binarie...obb201.pdf
Get Lucky,
http://stakeholders.ofcom.org.uk/binarie...obb204.pdf
Ofcom Broadcast Bulletin, Issue 213
10 September 2012
43
In applying BCAP Code Rule 32.3, Ofcom had first to decide if the broadcast material was unsuitable for children.
Ofcom noted that between 21:00 and 21:30, the female presenter wore a cut away one piece outfit that, at times and depending on her position, revealed her outer genital area. In addition, from approximately 21:15 she adopted various sexual positions such as lying on her side with her legs open thrusting up and down with her hips while pulling down her top and stroking her body; moving onto all fours and thrusting her bare buttocks up and down; kneeling upright and moving up and down. In these positions she repeatedly mimed sexual intercourse. In Ofcom’s view, the translucent clothing which revealed her breasts, the sexual positions and the miming of sexual intercourse were intended to be sexually provocative in nature. In light of this behaviour and imagery, Ofcom concluded that this material was clearly unsuitable for children.
Ofcom then considered whether relevant timing or scheduling restrictions had been applied by the Licensee to this broadcast. Ofcom took account of the fact that the channel is in the 'adult' section of the Sky EPG. However, this material was broadcast on a channel without mandatory restricted access in the period very soon after the 21:00 watershed, when some children may have been available to view, some unaccompanied by an adult.
Ofcom also had regard to the likely expectations of the audience for programmes broadcast at this time of day on a channel without mandatory restricted access directly after the 21:00 watershed. In Ofcom’s opinion, viewers (and in particular parents) would not expect such material to be broadcast and available to view so soon after 21:00, particularly given that material broadcast on such services prior to 21:00 should be non-sexual in tone and apparent intent. The broadcast of such sexualised content was inappropriate to advertise ‘adult sex’ chat so soon after the 21:00 watershed. This broadcast was therefore in breach of BCAP Code Rule 32.3.
Breach of BCAP Code Rule 32.3