Changes ahead - new code for babe channels
I read today's announcement from Ofcom with interest. It seems that from 1st September babe channels will come under a revamped advertising code and would no longer be governed by the broadcasting code, which means that technically they'll no longer be under Ofcom's cosh.
However, 'for the time being' Ofcom will continue as the regulatory body:
1.24 Ofcom, BCAP and the Advertising Standards Authority (ASA) have agreed that, for the time being, Ofcom will be the regulatory body for Participation TV (defined as all types of long-form advertising that are primarily dependent on promotion of Premium Rate Service phone lines, and other paid interaction with content). This includes services currently regulated by Ofcom (adult chat, psychic, quiz) and others currently regulated by the ASA (gambling, message boards, dating).
All channels will need to have their licences reclassified as 'teleshopping', but the advertising code will be tweaked to allow the broadcasting of unencrypted adult material (not currently permissible).
Ofcom now conceded that these types of channels are acceptable to the public.
1.6 However, research commissioned by Ofcom on audience views of Participation TV services showed that viewers are generally tolerant of such services continuing to be broadcast, subject to certain safeguards to ensure that services are appropriately labelled and positioned so that viewers do not chance upon them unintentionally.
Ofcom are now stating that if the adult PRS channels are clearly signposted and broadcast in an adult section of the epg they will meet the requirements of the newly tweaked advertising code and can broadcast unencrypted.
Their current beef with the Freeview platform is that this requirement is not met - although set top boxes can lock out channels there is no clearly signposted adult section of the Freeview epg.
My understanding is that this is no longer true - haven't all adult channels been moved to channel 90 and above?
The following quote implies that Ofcom's current concerns regarding Freeview will go away soon:
1.13 A proposal from Arqiva, who operate DTT multiplexes that carry Adult Chat PTV services and are a board member of DMOL, seeks to improve labelling and sign-posting on the DTT EPG. Ofcom considers that, if such a proposal were implemented, channels carried on DTT would be able to meet the proposed Advertising Code requirement that such channels "are appropriately positioned and labelled within an 'Adult' or similar section of an Electronic Programme Guide".
Today's news must be a huge relief to babe channel operators as there was genuine concern that all babe channels would have to be encrypted.
With typical Ofcom vagueness there's no redefinition of the existing code, nor any declaration that it will be transferred to the auspices of the ASA
untouched, nor that the ASA had to adhere to it 100%. The babe channels will be under a new advertising code, yet Ofcom remain as a regulator 'for the time being'.
A total mess yet again!
However, this leaves room for possible ambiguity in the forthcoming months which could be fun for us viewers. No doubt there'll be another clampdown, but until then it could be good, especially as this radical change of regulation ties in nicely with Bluebird's launch.
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