(31-12-2010 23:15 )nailpouchofmine Wrote: So your trying to say now that the babe channels are not tv shows?
Well then what the hell are they?
I have been back to your post 28.12.2010,20.34hr whre you state that you do not work for Ofcom,so which statement is the truth?
They are not TV shows as you or i would like to think, they are now classified as 'teleshopping' and as such have no editorial content. Any complaints against the channels since 1st Sept 2010 are still assessed by Ofcom but against the BCAP code. This followed a european court decision i believe against a swiss operator that ultimately required Ofcom to consult and reclassify these broadcasts. Teleshopping channels are monitored by the ASA who are an industry based self regulatory organisation. Due to the specialist (read controversial) nature of the babeshows and the ASA's lack of enforcement teeth Ofcom decided to retain enforcement of these channels, as well as some other specialist channels.
You can see why following an ASA adjudication on two complaints made against a Playboy advert in a free Sports magazine.
ASA Adjudication on Playboy TV UK Ltd
Playboy TV UK Ltd
Aquis House
27-37 Station Road
Hayes
Middlesex
UB3 4DX
Date:
14 July 2010
Media:
Magazine
Sector:
Leisure
Number of complaints:
2
Complaint Ref:
121345
Ad
A two-page ad in Sport magazine for an adult TV subscription channel was titled "WHERE ARE ALL THE MEN? STAYING IN JUST GOT FUN" and showed an image of a woman in her underwear standing in an empty pole dancing club. The ad included the text "THE 6 CHANNEL LINE UP The world’s most beautiful women come to your screen and bring you the best in quality erotic entertainment Watch the hardest British sex featuring the UK's filthiest talent Three channels of themed programming showing wall to wall non-stop sex Watch the best Top Shelf girls being absolutely filthy every night of the week".
Issue
1. Two complainants objected that the ad was offensive, sexist and degrading towards women.
2. One of the complainants also objected that the ad was irresponsible because they believed it was inappropriate for publication in a free magazine where it could easily be seen by children.
CAP Code (Edition 11)
2.25.15.2
Response
Playboy TV UK Ltd (Playboy TV) did not respond to the ASA's enquiries.
1. Sport magazine said they took the view that Playboy TV was an offshoot of an established and credible male media brand that was universally accepted. They said, whilst the ad promoted a niche service, they believed the description and the imagery was within the realms of taste and decency, albeit of an adult nature.
2. Sport magazine said the magazine was targeted at 20 to 44-year-old adult males and provided a breakdown of audience demographics from 2008 and 2009. They said all hand distribution was aimed at their target audience via merchandisers, who were briefed to distribute to professional 20 to 44-year-old males. They also said the magazine was available for pick up by consumers at places including gyms, corporate locations and airport lounges where they would reach the same target audience.
Assessment
The ASA was concerned by Playboy TV's lack of response and apparent disregard for the Code, which was a breach of CAP Code clause 2.6 (Non-response). We reminded them of their obligations under the Code and told them to respond promptly in the future.
1. Not upheld
We understood that, although the free magazine was potentially available to a large variety of consumers, it was targeted at men who were interested in sport and efforts had been made to distribute in accordance with that demographic. We understood the phrases "filthiest talent" and "Top Shelf girls being absolutely filthy every night of the week" to be enticements to readers to trial the adult subscription service and considered that the ad itself was not commenting on women in general or inviting readers to view all women in that way and was unlikely to be seen by most readers as sexist and degrading. Although we understood that some people might have found the ad and the product which it promoted to be distasteful, we considered that it did not contain explicit imagery or text that was likely to cause serious or widespread offence to readers of Sport.
We concluded that the ad was unlikely to cause serious or widespread offence to readers of Sport magazine and was unlikely to be seen as sexist and degrading
On this point, we investigated the ad under CAP Code clauses 5.1 and 5.2 (Decency) but did not find it in breach.
2. Not upheld
We noted, although young boys may have been interested in the content of Sport, the magazine was targeted at adult males and the manner of distribution meant that it was unlikely that children would be directly handed a copy or would be able to pick it up from the other locations in which it was available. We concluded that, because children were unlikely to see the ad, it was acceptable for publication in Sport magazine.
On this point, we investigated the ad under CAP Code clause 2.2 (Responsible advertising) but did not find it in breach.
The ASA was nevertheless concerned that Playboy TV had not responded to its enquiries and considered that to be in breach of clause 2.6 of the CAP Code.
Action
We told Playboy TV to respond promptly to ASA queries in the future
Don't you just love the tone of the finding against Playboy for non response. That is why Ofcom would not allow them to enforce against the babechannels as it would not be to the style or heavy handedness that they practice. To me the ASA made a fair and proportional decision, Ofcom would have found 'in breach' given the chance.