06-02-2011, 05:31
Following the 2009 survey this is what was proposed before Ofc@m choose to take a cautionary approach against all evidence.
RULE CHANGES
The following rule changes are proposed, as well as others stated or implied in other sections of this document:
• Material up to and including BBFC 18 certificate strength can be transmitted after the watershed, subject to additional controls for strong sexual content.
• Strong sexual content up to cert 18 can be transmitted after the watershed provided there is a genuine educational justification.
• Brief accidental breeches, for example genitalia visible in long shot for a second while changing position, shall be tolerated.
• Strong sexual content up to cert 18 but without a genuine educational justification, including sex themed entertainment, can be transmitted after 10:30pm provided it is flagged as “18” and voluntary settings can block this.
• Strong sexual content up to cert 18 including material intended for sexual gratification or arousal can be transmitted after 10:30pm in the Adult section of an Electronic Programme Guide, such that voluntary means exist to block access to the entire Adult section.
• Strong sexual material equivalent to BBFC R18 strength can be transmitted after 10:30pm on PIN protected channels with adult verification.
• Material stronger than BBFC R18 may not be transmitted.
• Where ambiguity exists, material shall be regarded as BBFC 18 equivalent rather than BBFC R18. Material shall only be considered BBFC R18 strength if there is a prolonged clear view of genital contact. A small distant view shall not be regarded as clear.
• Being in the Adult section of an Electronic Guide shall be regarded as editorial justification for sexual content including nudity, gestures, and language, subject to access restrictions defined above.
All the controls to block channels already exist and probably can be improved to make them more secure. Other than having a permanent sign of '18' on prominent display on the screen all the requirements to allow stronger content on FTA/FTV channels exist as well as R18 on encrypted channels.
Regarding R18 material
When The Government drafted the Communications Act 2003 it had every opportunity to include a clause specifically banning the broadcast of R18 material. It is probable that the theoretical ability to do so had been pointed out by both the previous regulators and by civil servants with expertise in broadcasting.
Indeed the BBC’s long-standing right to transmit any sexual content it saw fit was well known, and the introduction of external regulation was widely commented on.
Likewise Parliament had every opportunity to introduce an amendment banning transmission of R18-strength material. Not only did Parliament not pass such an amendment, so far as is know, there was not even a serious minority call in the house to do so that was defeated. It is therefore arguable that by specifically banning R18 material, OfC@m has exceeded what Parliament intended.
R18 is not banned by criminal law but by a regulator not wanting to bring the wrath of the moralistic minority onto their heads.
It has always been subject to challenge but no 'adult' broadcaster has either had the money, inclination or desire to tread that path even though the ECHR would support such a position.
I am currently looking into the ECHR case studies regarding licenses and administrative law decisions and will post soon.
RULE CHANGES
The following rule changes are proposed, as well as others stated or implied in other sections of this document:
• Material up to and including BBFC 18 certificate strength can be transmitted after the watershed, subject to additional controls for strong sexual content.
• Strong sexual content up to cert 18 can be transmitted after the watershed provided there is a genuine educational justification.
• Brief accidental breeches, for example genitalia visible in long shot for a second while changing position, shall be tolerated.
• Strong sexual content up to cert 18 but without a genuine educational justification, including sex themed entertainment, can be transmitted after 10:30pm provided it is flagged as “18” and voluntary settings can block this.
• Strong sexual content up to cert 18 including material intended for sexual gratification or arousal can be transmitted after 10:30pm in the Adult section of an Electronic Programme Guide, such that voluntary means exist to block access to the entire Adult section.
• Strong sexual material equivalent to BBFC R18 strength can be transmitted after 10:30pm on PIN protected channels with adult verification.
• Material stronger than BBFC R18 may not be transmitted.
• Where ambiguity exists, material shall be regarded as BBFC 18 equivalent rather than BBFC R18. Material shall only be considered BBFC R18 strength if there is a prolonged clear view of genital contact. A small distant view shall not be regarded as clear.
• Being in the Adult section of an Electronic Guide shall be regarded as editorial justification for sexual content including nudity, gestures, and language, subject to access restrictions defined above.
All the controls to block channels already exist and probably can be improved to make them more secure. Other than having a permanent sign of '18' on prominent display on the screen all the requirements to allow stronger content on FTA/FTV channels exist as well as R18 on encrypted channels.
Regarding R18 material
When The Government drafted the Communications Act 2003 it had every opportunity to include a clause specifically banning the broadcast of R18 material. It is probable that the theoretical ability to do so had been pointed out by both the previous regulators and by civil servants with expertise in broadcasting.
Indeed the BBC’s long-standing right to transmit any sexual content it saw fit was well known, and the introduction of external regulation was widely commented on.
Likewise Parliament had every opportunity to introduce an amendment banning transmission of R18-strength material. Not only did Parliament not pass such an amendment, so far as is know, there was not even a serious minority call in the house to do so that was defeated. It is therefore arguable that by specifically banning R18 material, OfC@m has exceeded what Parliament intended.
R18 is not banned by criminal law but by a regulator not wanting to bring the wrath of the moralistic minority onto their heads.
It has always been subject to challenge but no 'adult' broadcaster has either had the money, inclination or desire to tread that path even though the ECHR would support such a position.
I am currently looking into the ECHR case studies regarding licenses and administrative law decisions and will post soon.