Have a look at Broadcast Bulletin 169
http://stakeholders.ofcom.org.uk/enforce...ns/obb169/
Despite being dated 8/11/2010 they look at content on The Islam Channel on 18 May 2008, 12 April 2009 and 30 Oct 2009. This is in response to a report published by the Quilliam Foundation in March 2010. Now assuming Quilliam immediately lodged a complaint with Ofcom, or that it was referred to Ofcom at the time, rather than closer to when broadcast, thats 22 months - nearly 2 years - between broadcast and complaint (May 2008 - March 2010).
Nearly 2 years.
As far as I am aware, there is no statutory timescale restricting investigations, just Ofcoms own internal guidelines. These arent even in the Broadcasting Code, making it difficult for a channel to claim that official regulations have been flouted.
The "ordinary" 20 day limit means they can demand recordings and eliminates some newspaper campaigns where the Daily Mail (oops, named it) tells people who did not see a show what to think.
Ofcoms position is probably that outside 20 days it would not normally bother, but if there was a really serious allegation the severity would force its hand. Say the BBC quietly broadcast live hardcore sex during the Teletubbies for a 6 month period then stopped. Or a channel showed live executions. Or a Christian channel showed abortions (its happened).
What the Broadcasting Code does state is that channels must retain recordings for 60 days. And probably longer if someone complains to them. After 60 days they can wipe the recordings.
Ofcom dont normally treat recordings supplied by complainants as reliable. After all, by making a complaint they have compromised their impartiality. They could be fake. However in a serious enough case if the channel was unwilling or incapable of supplying a recording Ofcom might consider the case.
The channel would then have several options.
Claim abuse of process.
Claim the recordings are fake, or non broadcast material.
Say it was another channel. In another country.
Claim they can neither confirm or deny the allegation due to the passage of time.
Accept the veracity of the recording but claim it was not a breach.
Accept a slap.
What does this mean for babe channels?
After 60 days they can refuse to supply recordings. Thats 60 calendar days, not working days, say 2 months.
Channels can dispute the veracity of any time stamps on recordings. It cant be impossible to overlay the Sky information or channel id popup on a tape. It cant be impossible to add a channels logos to a webfeed.
Heres some other thoughts.
Channels might have more money coming in after the death of Bangbabes. But thats inevitable if you take out a big player. Even with less money overall, the few left in the game get more. Short term.
Current shows are incredibly tame. And dull. When there is a feeling that Ofcom can retrospectively make up a new rule, claim they are persistent offenders and fine them a 6 figure sum for something they did not even know was banned, channels will play safe.
Having an underground illegal set of broadcasts is unacceptable.
Its unacceptable because it places the channels at risk of arbitrary enforcement, whim, victimisation, malice, political grandstanding, even blackmail. Even an unofficial Ofcom policy of ignoring infrequent slips would not work for exactly those reasons. We have seen the spineless way Ofcom did a U turn over scantily clad - but covered - dancers on X Factor, first saying they were just within the limits of acceptabilty, then bringing out rules banning lingere, leggy dancers and mild raunch before 9pm. Or soon after. Or even later if kids might still be watching, say a continuation of the same show (X Factor, 8-10pm), a follow on (The Xtra Factor, 10-11pm), or an unrelated adult orientated show with a child friendly look and feel (South Park, its a cartoon).
No doubt there were plenty of gay civil servants, soldiers and BBC employees in the 1950s and 1960s whose bosses looked the other way, but making something illegal and then (sometimes) not enforcing the law wasnt acceptable then, so why should it be acceptable now?
Besides who would invest in a business that was technically illegal but operated by keeping off the official radar or with unofficial tolerance.