I was wondering just how long it would take Ofcom to publish their response. The 3rd round of "consultation" closed on 15 Jan, 4 1/2 months ago, ending 3 full rounds of consultations over 3 years. 2-3 months is a more typical delay, for example
Reviews of Channel 3 and 5 Financial Terms, that affected 2 major broadcasters watched by far more people, employing 000s of people and with much more money at stake. One small show like Trisha or Live From Studio Five probably employs more people than the entire Adult sector.
A basic principle of consultation is that the various options are presented in full, otherwise people can claim they were misled. Where I live there have been consultations on "regeneration" that have been completely bland and anodyne, and the council has subsequently claimed public support for totally unrecognisable detailed proposals. Years later the proposals are still stuck and original champions have left politics.
So after 3 different sets of proposals spread over 3 years, and an unusually long evaluation period, one of the 4 options presented has been approved, right? Which one?
That's correct, option 5. Ofcom's recommended proposal with alterations that no-one mentioned or supported over the previous 3 years.
A proposal that
1) drastically cuts Freeview hours (8.5 hours down to 5.5)
2) cuts out peak viewing time/participation for single men and horny couples (some of us have jobs to get up for in the morning)
3) Drops restrictions of Psychic services
As a sop to water down opposition, Ofcom drops the requirement for Psychic channels to be a Specialist section, despite knowing the arguments about this when they published their proposals (prevents other channels flipping over to Psychic services at night).
Ofcom claim they
" have considered new information on the financial model of Psychic TV broadcasters, and noted the lack of evidence of risks of harm to users from the psychic services that would be permitted under the rules. We have also considered the risk of offence to viewers." ~ so after the consultation ended they took account of some other "new evidence" that no-one has seen and that contradicted their own published research.
Ofcom accepts that a proposal from Arqiva (operator of Freeview Adult services) meets Ofcom's own channel labelling and positioning requirements. So no problem? Of couse not silly, having met Ofcom's requirements, Ofcom then say the proposal is not good enough and restrict the hours.
Ofcom knew precisely what effect their proposal would have on Psychic services. The likes of Living, CBS Action, Showcase would have been unable to flip over to PRS Psychic services in quiet times because that was exactly what Ofcom wanted to achieve. They felt that the services had to be in their own special compartment to protect the gullible, impressionable and supersticious. Then Ofcom decide their own preferred proposal was unnecessary. But strangely do not propose allowing Babe channels to be simulcast on Bravo, Five*, ITV4 or Virgin1 after midnight. Strange that.
Ofcom have completely ignored a simple solution that would at a stroke remove 90% of objections to Adult services, that they can cause offence and be stumbled on accidentally. Ofcom could REQUIRE operators such as Sky and Virgin to LOCK the Adult section by default, so it would only be possible to accidentally view a channel if it had been deliberately unlocked. But they ignored that solution. Strange that.
As Five pointed out (para 2.20), the 3 Nethlands registered Babe channels will not be affected by the schedule restrictions.
Ofcom claims not all set top boxes support channel locking, and genre-driven labelling/locking, where the entire Adult sector can be locked out, does not exist on the platform. I know from personal experience that Babestation Extreme is not accessible from an old Freeview box - only newer ones support the passcode system used. There is no reason why Ofcom as Regulator could not have mandated Freeview to make Genre labelling/locking and Parental Controls mandatory on all boxes sold after, say, 1 September, and block Babe channels on boxes without upto date controls. It might take a year or two to work though the system, but as Regulator Ofcom is supposed to look at the long term impact as well as short term control. If they had done this at the outset, in 2007, all Freeview boxes out there today would either have effective Parental Controls or simply not recieve Babe channels. But yet again Ofcom has let children down.
Note that Ofcom now officially states
"that this timing restriction [midnight to 05:30]
would minimise the risk of children being available to view or chance upon the content" (para 2.33). To my mind this means they can no longer claim that strong sexual material after midnight poses a risk to children.
The Freeview hours restriction is presented as a positive step forward, allowing Babe FTA and encrypted Adult channels to operate where previously they could not operate at all. Discuss.
On a positive note, Ofcom
"research indicates public tolerance of the services continuing, subject to certain safeguards".
Interestingly Ofcom observes that
"Similarly, the Byron and Buckingham Reviews cited by BCAP referred to the importance of maintaining safeguards for children, rather than arguing that adult sex chat and psychic services which are currently permitted should be closed down." (para 2.77)
As proposed, advert for explicit adult services will only be permitted on "encrypted" channels. Ofcom goes to great lengths (paras 2.103 to 2.108) to explain that this means either a channel with registration, proof of age and PIN entry each time - free PIN entry is not enough on its own, and registration without proof of age (eg text back) is not good enough. In theory this means adult sex chat lines and adverts for sex shows, dogging sites, internet porn sites, Stringfellows etc are only allowed on channels with real encryption.
Ofcom sneaks in an announcement that it has given itself a mission to monior channels in future for compliance with rules, instead of (mainly) acting on complaints (para 3.18 and others).
The affected categories include "Adult Chat" (para 3.21). I look forward to seeing Ofcom monitoring channels where pub bores drone on about the cost of mortgages and women say their men never take them out and how Graham Norton is "a waste". Perhaps they will do something about Loose Women and The One Show.
Previous changes have taken effect quickly. The 2010 Broadcasting Code took effect the day it was published (effectively backdating it 9 hours to midnight). Unsually only changes requiring substantial business changes have a long implementation period. Yet these changes do not take effect until September 1st, fully 8 1/2 months after the consultation ended and 10 months after it started. That represents almost a year of commercial uncertainty during which broadcasters have been unable to develop services or invest.
* Interestingly, Five sublet some of their Freeview digital capacity to Partyland ~ para 2.12 ~ but on a different channel number.