(24-05-2010 19:56 )amandasnumerounofan Wrote: Just thought of doing a poll for Bangmedia to use for evidence against Ofcom.
While it's possible that some bias may exist, or that competitors may be causing as much trouble for Bangmedia as possible, the opinions of a few forum lads would not constitute evidence I'm afraid. No court will allow unsubstantiated rumour, hearsay or opinion to influence any decision they are called upon to make.
You would need to show that those making the complaints are employees of other competitors, or sympathetic to other competitors, or in the employ of Ofcom. However, even if you could do that, the fact is that Bangmedia would ultimately remain in breach of Ofcom's code - irrespective of who blew the whistle. Whether we believe their legislation to be right or not, it is the law and to break it invites punishment of some description.
Therefore the real issue here is not bias or competition, but the method by which Ofcom dictate to adults what they can or cannot watch. As has been mentioned previously, scenes of nudity, simulated sex and acts of extreme violence are shown on terrestrial television on a fairly regular basis. No doubt complaints are made about them too I imagine, but I wonder how many, by whom and what the resultant action was against the broadcaster? Argueably, it is more harmful to the human psyche to show scenes of extreme violence and carnage, than it is to show two people having a good old shag.
Ofcom have to stop short of an outright ban on everything, as I am sure that the makers of adult entertainment would have legal grounds to contest such an act. In fact, it's entirely possible that a case could be made to the European Courts if such a decision were taken, given the impact such a ruling could have. These are after all, legitmate, regulated businesses who pay taxes, provide income for families and employment for thousands of men and women.
So why does Ofcom seem to spend a great deal of time and effort on the babe channels? I think the answer is really quite simple - Ofcom simply do not like anyone making money out of selling sex, so controls are imposed to satisfy their right-wing, outdated, so-called 'values'. Equally, why kill the cow when you can continue to milk it for as long as you want? Those people and companies who have made money from adult films, DVD's, magazines, etc, have been persecuted for decades in the UK and been subject to massive fines for their trouble. The giant cash cow that is the adult entertainment industry is something from which Ofcom can tear lumps every so often to exercise their control and make money. I don't necessarily mean THEY make money themselves, but for the government they represent and are empowered by. Ofcom is a business like any other, with overheads to pay and a minimum performance level to maintain which they appear to do quite well.
Ofcom will be more than happy to maintain their status quo, assuring that their respectable values are upheld and that whenever they need to fill the piggy bank, there will always be somebody to fine. I honestly do not see things changing for many, many years, if at all, unless Ofcom are shut down and replaced with a more level-headed broadcasting overseer.