Always a headline that will attract attention on this forum but as from the 1st September 2010 Pornography WILL be allowed to be advertised on encrypted channels between 22.00 and 05.30 hours.
Now whilst this may not have been the story you were expecting i believe it is a great stride for the ASA to make.
The ASA have now published their new advertising code and rather than Pornography being listed as before under Prohibited Categories it has it's own section (30) along with Telecommunications-based sexual entertainment services (23).
Section 30 states
30-Pornography
Definition
“Behind mandatory restricted access on adult entertainment channels” is interpreted with reference to rule 1.18 of the Ofcom Broadcasting Code.
“R-18 material” is classified as such by the British Board of Film Classification (BBFC): the BBFC’s definition of the R-18 category appears on its website (
http://www.bbfc.co.uk). The BBFC is responsible for classifying “video works”, which are defined by, and subject to restriction under, the Video Recordings Act 1984.
Rules
30.1 Radio Central Copy Clearance – Advertisements for products coming within the recognised character of pornography may be broadcast only if they are centrally cleared.
30.2 Radio advertisements for R18-rated material are not permitted.
30.3 Television only – Advertisements for products coming within the recognised character of pornography are permitted behind mandatory restricted access on adult entertainment channels only.
30.3.1 Television only – Advertisements must not feature R18-rated material or its equivalent. That does not preclude advertisements for R18-rated material or its equivalent behind mandatory restricted access on adult entertainment channels.
30.3.2 Television only – Advertisements permitted under
rules 30.2 and 30.2.1 must not feature material that comes within the recognised character of pornography before 10.00pm or after 5.30am.
30.3.3 Radio advertisements for R18-rated material are not permitted.
rules 30.2 and 30.2.1 i believe this is an error in the code and should read 30.3 and 30.3.1
At last the ASA have recognised that R18 classified material IS legal in this country and there should not be a complete prohibition on it's advertising. This should please the likes of Playboy, TVX and Bluebird who produce or provide such content.
The code does NOT apply to all television adverts but only those that are broadcast on television services licensed by Ofcom. The introduction of the code states
This Code applies to all advertisements (including teleshopping, content on self-promotional television channels, television text and interactive television advertisements) and programme sponsorship credits on radio and television services licensed by Ofcom. It is designed to inform advertisers and broadcasters of the standards expected in the content and scheduling of broadcast advertisements and to protect consumers.
All Ofcom-licensed broadcasters should be familiar with the contents of this Code, “Broadcasters” means Ofcom-licensed television and radio services provided by broadcasters within UK jurisdiction regardless of whether their main audience is in the UK.
Section 23 deals with Telecommunications-Based Sexual Entertainment Services on both the Sky and Freeview platforms.
Definition
Telecommunications-based sexual entertainment services are voice, text, image or video services of a sexual nature that are made available to consumers via a direct-response mechanism and are delivered over electronic communication networks.
‘Encrypted elements of adult entertainment channels’ are interpreted with reference to rule 1.24 of the Ofcom Broadcasting Code.
Rules
23.1 Radio Central Copy Clearance – Advertisements for telecommunications-based sexual entertainment services must be centrally cleared.
23.2 Television only – Advertising for telecommunications-based sexual entertainment services is only acceptable on:
23.2.1 Encrypted elements of adult entertainment channels, or
23.2.2 Channels that are licensed for the purpose of the promotion of the services and are appropriately positioned and labelled within an “Adult” or similar section of an Electronic Programme Guide.
23.3 Television only – Advertising for telecommunications-based sexual entertainment services must not be broadcast before 9pm or after 5:30am.
On Digital Terrestrial Television, advertising for telecommunications-based sexual entertainment services must not be broadcast before 12am or after 5:30am.
It would appear that the ASA have colluded with Ofcom and are also restricting such services on the Freeview platform between midnight and 05.30 hours. So if existing channels want to continue or new channels start before midnight it will have to be boobs covered (at least to BangBabes standard) and no sex chat.
It's interesting to note that escort services are still in the prohibited category of the code for TV advertising even though prostitution is not illegal in this country.
As stated in a previous post from myself Ofcom will retain the authority to control content and investigate complaints against the babe channels after the 1st September 2010. This is clearly stated within the ASA code as below.
The investigation of complaints in relation to Participation TV (long form television advertising for direct-response, remote entertainment services that typically include the possibility of interacting with broadcast content) remains a matter for Ofcom. Participation TV includes,for example, long form television advertisements for adult chat, adult sex chat, psychic chat, quiz call, dating and gambling services. For the avoidance of doubt, it excludes television spot advertisements for those services. Teleshopping content promoting other goods and services is also excluded. The ASA refers complaints about Participation TV to Ofcom who will determine whether a complaint identifies a breach of the BCAP Code; the UK Code of Broadcast Advertising.
From reading some of the responses to the consultation it would appear that organisations such as Mediawatch and church/religious groups did not want pornography to be permitted but seemed to accept that babe channels existed and as long as they were in their own section and broadcast after the watershed reluctantly accepted that.