RE: Bluebird TV - Technical Chat & Info : Regulations, Encryption, Platform
Yes Bluebird man, I'm questioning the truth of your posts. And?
You claim Ofcom cannot be challenged. At all. That's just plain wrong.
You can challenge them on the grounds of whether their code is reasonable.
You can challenge them on whether thay are actually applying the law correctly in the first place (see IanG's post in the Ofcom thread for examples).
You could broadcast something you know they'll pull you up for, refuse to pay the subsequent fine, and when they try and take your license challenge that in court, arguing that they have no right to do so becuase their interpretation of both the code and the law is flawed.
You claim none of this is possible because of some flim-flam about whether it is a reasonable belief that any other reasonable ofcom would come to the same reasonable decision, and yet you yourself (or one of your clones) has stated in this very forum that "the majority of people on the forum, even the majority of people in the country, would accept harder broadcasting" (I'm paraphrasing, but that's what you said.
So, if the majority of people would accept stronger material being broadcast, then Ofcom's decisions on R18, by definition, do NOT reflect the will of the majority and cannot be called reasonable.
Finally you claim the challenge by the radio chap is completely different because it is about political statements. Read the post again. He is challenging them regarding their application of what is "harmful and offensive". If he can challenge the definition of what is harmful and offensive, why can't you.
I'd LIKE to believe that you want to challenge but think it is too costly and or too risky, and not worth it in the long run because you would have spent all the money and, if you win, ALL channels will benefit.
However, I actually believe you are just happy to be milking the status quo. And that makes you no different than all the other channels who say things like "we're much harder after midnight" and "want to see me f**ked by 6 men, subscribe now" when all you get is a close up of the family aspidistra.
Bottom line - ALL law is challengable in this country, by anyone. It just takes time and money. If you said "we're not doing it because the certain costs outweigh the potential benefits, but we'll do the best we can with what we have" you'd have my respect and probably a subscriber too. But if you persist with this "it can't be done, there is no way in law to challenge it", then I, and a fair number of others, will find it very hard to believe anything else you say.
Here's a perfectly reasonable question to end on. When you have your promo slots and your freeview bits on your encrypted channels, will you be honest about what subscribers get, or will you, as all the other channels do, imply that you can see hardcore material if you subscribe? You know, things like "see Danny f**k me up the a**e after encryption.
(This post was last modified: 18-06-2010 09:49 by Grawth.)
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