09-11-2009, 14:43
Well, I got something.
It's certainly not everything though. There's still quite a few points I'd like to make but I'm unsure of how (and where) to make them without complicating an already complicated reply. I still have to run through the previous reply from the broadcaster to make sure theres nothing in there i could be using but haven't. I know theres stuff in there, especially regarding main stream TV being not disimilar to the chat shows in that their programs are geared towards audience PRS participation. But its all long winded and theres a huge danger of just waffling and ranting about it
There's also some very dodgy interpretations of the survey results, so dodgy, that one bit could be an out and out lie. But, they don't ask any question in the response document that I can see where I can bring it up. So, the proper place might be in the comments section, or it might be through another part of the consultation procedure where you can comment on the procedure itself...i dunno.
Anyways...the important bit...just wtf *is* this thing about...
As I see it, there was a European judgement that said that certain quiz TV shows should be treated as advertising becuase they were simply selling a product. The entire reason for the judgement was to protect viewers and make a clear distinction between advertising and editorial content of broadcasts.
Ofcom then took the underlying principles behind this judgement and argued that these principles extend to Adult chat broadcasts and the pyschic TV shiznits too. They also said that in order to properly help to identify advertising from editorial content, such broadcasts must come under the advertising standards codes rather than the general broadcasting code.
The result of this reclassification would have been the immediate cessation of all unencrypted broadcasts of an adult nature.
The broadcasters argued, amongst other things, that Ofcom had no right to effectively ban these broadcasts simply as the result of a reclassification excersice and nothing more. They argued against reclassification but also argued that if they had to be reclassified, ofcom had a statutory duty to ensure the reclassification didn't result in an automatic ban and that the relevant regulations *must* be altered before the reclassification takes place.
Thus...we have this consultation document that is consulting on how the advertising standards code should be altered to accomodate these channels before reclassification.
It must be stressed that these regulations are not concerned with the level of content, just the type of content. This is not a fight for looser restrictions, only on how the channels themselves are broadcast.
Ofcom commisioned a survey into viewers attitudes towards these broadcasts and rightly identified the two 'principles' of 'control' and 'containment'. Basically, the viewing public, on the whole, respect the right for these broadcasts to exist, but do not want them rammed down their throats. Which is perfectly reasonable, in my opinion.
Ofcom have taken these two principles and identified two mechanisms which they say satisfy those principles. An 'Adult' section of an Electronic Program Guide and parental PIN control.
They then draw up proposed rule changes that only allow Adult chat broadcast on dedicated channels on broadcast systems that have an Adult section in an existing EPG. They then say that since the freeview platform has no such EPG, babeshows will be banned from freeview.
The specific set of rules are as follows...
...and they've given us the oportunity to respond, which was nice.
It's certainly not everything though. There's still quite a few points I'd like to make but I'm unsure of how (and where) to make them without complicating an already complicated reply. I still have to run through the previous reply from the broadcaster to make sure theres nothing in there i could be using but haven't. I know theres stuff in there, especially regarding main stream TV being not disimilar to the chat shows in that their programs are geared towards audience PRS participation. But its all long winded and theres a huge danger of just waffling and ranting about it
There's also some very dodgy interpretations of the survey results, so dodgy, that one bit could be an out and out lie. But, they don't ask any question in the response document that I can see where I can bring it up. So, the proper place might be in the comments section, or it might be through another part of the consultation procedure where you can comment on the procedure itself...i dunno.
Anyways...the important bit...just wtf *is* this thing about...
As I see it, there was a European judgement that said that certain quiz TV shows should be treated as advertising becuase they were simply selling a product. The entire reason for the judgement was to protect viewers and make a clear distinction between advertising and editorial content of broadcasts.
Ofcom then took the underlying principles behind this judgement and argued that these principles extend to Adult chat broadcasts and the pyschic TV shiznits too. They also said that in order to properly help to identify advertising from editorial content, such broadcasts must come under the advertising standards codes rather than the general broadcasting code.
The result of this reclassification would have been the immediate cessation of all unencrypted broadcasts of an adult nature.
The broadcasters argued, amongst other things, that Ofcom had no right to effectively ban these broadcasts simply as the result of a reclassification excersice and nothing more. They argued against reclassification but also argued that if they had to be reclassified, ofcom had a statutory duty to ensure the reclassification didn't result in an automatic ban and that the relevant regulations *must* be altered before the reclassification takes place.
Thus...we have this consultation document that is consulting on how the advertising standards code should be altered to accomodate these channels before reclassification.
It must be stressed that these regulations are not concerned with the level of content, just the type of content. This is not a fight for looser restrictions, only on how the channels themselves are broadcast.
Ofcom commisioned a survey into viewers attitudes towards these broadcasts and rightly identified the two 'principles' of 'control' and 'containment'. Basically, the viewing public, on the whole, respect the right for these broadcasts to exist, but do not want them rammed down their throats. Which is perfectly reasonable, in my opinion.
Ofcom have taken these two principles and identified two mechanisms which they say satisfy those principles. An 'Adult' section of an Electronic Program Guide and parental PIN control.
They then draw up proposed rule changes that only allow Adult chat broadcast on dedicated channels on broadcast systems that have an Adult section in an existing EPG. They then say that since the freeview platform has no such EPG, babeshows will be banned from freeview.
The specific set of rules are as follows...
Quote:Proposal for revised rule on PRS of a sexual nature in Advertising Code (to replace current rule 11.1.2)
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.
1) Advertising for telecommunications-based sexual entertainment services is only acceptable on:
i) Encrypted elements of adult entertainment channels, or
ii) 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.
2) Advertising for telecommunications-based sexual entertainment services must not be broadcast before 9pm or after 5:30am.
...and they've given us the oportunity to respond, which was nice.