(20-05-2010 21:32 )Digital Dave Wrote: It's puzzling that none of the babe channels licenced in mainland Europe have ever taken advantage of the fact that supposedly they are immune to Ofcom's jurisdiction. There must be more to it.
I can only assume that there are other UK laws regarding nudity and premium phone chat which inhibit broadcasters in the same way as Ofcom, which raises the question - why go to the trouble of licencing in a foreign country in the first place?
DD, I would guess there is more to it but just
what I'm not sure. There's the issue of advertising 'R18' type material, which, surprise, surprise is "illegal" in the UK according to the well out of date and totally fucking 'pornophobic' Video Recordings Act 1984 (which was NEVER actually legally enacted the UK (and thus was ILLEGALLY enforced) until January 2010 when New Labour 're-enacted' it unamended and undebated as the VRA 2010) - that's 26-year-old knee jerk legislation (and all thanks to the Sunday Telegraph and other wankstains at the Daily Mail) from the days of supposed 'video nasties', all of which are now available uncut and most with 15 ratings.
Until Dec. 2009 (it gets worse than this...), your assertion that foreign-resgistered TV channels were 'immune' from Ofcom is only sort of correct. Ofcom, like the ITC before them, have the legal power to ask the DCMS to "proscribe" (i.e. ban advertising and sales of cards/equipment for) channels which breach UK standards (on grounds of obscenity and such like). Ofcom exercised this power in 2005 (iirc) against a station said to be broadcasting 'violent porn'. So, Ofcom CAN and ALWAYS have had the power to 'ban' foreign porn channels (or at least the sale of cards and equipment to receive them). You will note however that since 2005, Ofcom have done NOTHING whatsoever to ban any other R18-type foreign broadcaster/channel (of which there are many available in the UK with the right equipment - just not $ky). The question is "why not?" - WHY NOT if R18-type porn is so 'dreadfully dangerous' it MUST be banned from TV in the UK?
I can only give a bit of reasoned speculation as to WHY Ofcom have NOT banned these other services - i.e. THEY CAN'T. They can't ban these other channels because they're not in breach of criminal law. They show R18-type material, which, since 2000, is LEGAL to buy and watch in the UK. I say its legal to buy...one VERY SILLY rule in the VRA limits sales of R18 in the UK to "licensed sex shops", however, since 2000 you are perfectly within your legal rights to import any legal hardcore porn from overseas without interference from any State busibody (like Customs or, indeed, fucking Ofcom!). Buying porn over satellite TV or Internet is the same as importing it into Britain and, moreover, YOU'RE well within your legally enforcable RIGHTS to do that - so hands off, Ofcom...!
As I indicated above however, this situation is now under some threat. The new AVMS Directive allows all TV regulators across the EU (Ofcunts included) to demand any foreign broadcaster with a majority of its audience in 'their country' to abide by 'their TV rules'. This is known as the "country of reception principle", which completely reverses the "country of origin principle" that we're (I think) all familiar with. So, its no longer the strict rules of legality which determine Ofcom's abilities to fuck about with what you're entitled to watch on your own bastard equipment but, instead, how popular those un-Ofcom'd channels are with British viewers (who, no doubt, chose those foreign services BECAUSE they were out of Ofcom's pornophobic fucking reach...until now!). You see how WRONG this is? We make a CHOICE and Ofcom now get to slam the door in our face. That my friends is Dictatorial FASCISM.
I'm afraid we live in a backward, repressive, sexually-repressed reminant of Victorian insanity. Of course, this suits the mentally ill, backward and sexually-repressed tossers that make up whinging Britain. It suits Ofcom too, who just love to believe they're upholding 'standards' when what they're actually engaged in is an insult to Human Rights, to the notion of Freedom and, to Democratic Rule and Equality under The Law. Ofcom are clearly prejudiced against real Adult Entertainment and, all members of the public who enjoy real Adult Entertainment. Porn fans are not equal under Ofcom's Code. You cannot complain that a programme fails to meet your expectations or fails to live up to the advertising claims if it involves "adult sex material" - Ofcom simply ignore your complaint or 'suggest' you're being "vexacious" because..."we've banned the stuff and you should know that...we can't have that filth on UK TV". Trouble is Ofcom have not produced ANY guidelines the PUBLIC can read to familiarise themselves with what they SHOULD EXPECT from UK 'adult channels' and, moreover, what's NOT 'allowed' to be shown on UK TV. Is that 'clear'? Is it 'transparent'? Ofcom are supposed to be BOTH - by Law...
"No R18-type material" doesn't tell you anything about what you CAN expect to see, it means NOTHING to those that don't know what R18-type material 'is'. How 'far' an 'adult' TV channel CAN go is NOT stipulated ANYWHERE in Ofcom's glorious Code - they've 'left that job' to when they stand in judgement of a channel after a BOGUS complaint from some self-harming tosser who's too fucking sick to be watching any adult TV if they're COMPELLED to complain to Ofcom everytime half a labia majora pokes out some gal's knicker elastic. It's Ofcom Complaining Disorder - O C D - get sum therapy you dozy t w a t !
Ofcom will of course pamper to the obsessive whims of this insane individual (I think we know WHO it is though...don't we?). When they hand down their almighty judgement, Ofcom will claim to have provided "clear guidance" in a plethora of fortnightly bullshitings that are neither consistent, transparent, clear, concise, precise or of any fucking use what so ever. To 'know' what you're supposedly 'allowed' to broadcast, or, indeed, to know what you're 'allowed' to watch as a viewer or paying subscriber, requires you to read through 120 (over 5 years worth of) Broadcast Bulletins and pick out which bits of holy wisdom apply to your programming and/or viewing interests. The Broadcasting Code however tells you nothing, even though this is supposedly the Holy Bible of British Broadcasting regulation.