(01-06-2011 03:11 )HypnoToad Wrote: [ -> ]I only ask as there does seem to be quite a bit of hostility towards ofcom on here, so is there a place where I can check out what exactly the rules/guidelines that these channels have to stick to in order to see exactly what all the fuss is about?
Thanks.
Hell will freeze over before Ofc@m post all the supplementary guidance that they have imposed on the Babechannels on their website.
Since Ofc@m were established in December 2003 from five previous regulatory bodies, the Broadcasting Standards Commission, Independent Television Commission, the Office of Telecommunications, the Radio Communications Agency and the Radio Authority the Babechannels have been subject to (strangled with) compliance with various Broadcasting Codes.
http://stakeholders.ofcom.org.uk/broadca...ast-codes/
Following a ruling in the European Court of Justice concerning the use of premium rate telephone calls to a quiz show such shows were classified as 'teleshopping' and this decision had to be implemented throughout the european community.
http://merlin.obs.coe.int/iris/2008/1/article2.en.html
Ofc@m consulted and the Babechannels are now regulated, since September 2010, as advertising (teleshopping), and are no longer treated as editorial material. This means that all their output must comply with the BCAP Code which had to be amended to allow such channels to broadcast 'free to air' subject to certain conditions.
The BCAP code
http://www.bcap.org.uk/The-Codes/BCAP-Code.aspx
Published guidance from Ofc@m to Babechannels.
http://stakeholders.ofcom.org.uk/binarie...idance.pdf
Regulatory Statement
http://stakeholders.ofcom.org.uk/binarie...tement.pdf
Ofcom has provided additional guidance to industry and to Licensees directly on compliance with the relevant codes on a number of occasions, in particular:
Compliance Guidance
• 23 April 2009 (e-mail guidance to the Licensees);
• 28 April 2009 (e-mail guidance to the Licensees);
• 6 July 2009 (Guidance note published in Broadcast Bulletin);
• 3 August 2009 (Letter of guidance to adult sex chat broadcasters);
• 6 November 2009 (Letter of guidance to the Licensees);
• 3 December 2009 (meeting with the Licensees);
• 8 January 2010 (letter of Guidance to the Licensees); and
• 21 January 2010 (meeting with the Licensees).
Further guidance was issued on the 17th December 2010 following the revocation of the 4 licenses held by Bang Media London Ltd and Bang Channels Ltd. This guidance pushed the 'watershed' time for breast exposure back to 10pm and full nudity to 11pm along with additional restrictions concerning clothing, movement etc.
All of the above guidance and minutes of meetings are NOT available on Ofc@m's website. These pieces of guidance supplement the BCAP code and should be freely available for prospective Babechannel operators.
This regulator states that they are fully compliant with best practice as laid down by the Department of Business, Inovation and Skills as well as complying with Better Regulation principles identified in the Hampton and Macrory reports.
http://www.bis.gov.uk/policies/better-re...businesses
Ofcom is under a duty to have regard, in all cases, to “the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed” and “any other principles appearing to OFCOM to represent the best regulatory practice”.
The
Statutory Code of Practice for Regulators, which has government approval, is based on best regulatory practice but has not been adopted by Ofc@m, need i say anymore. In contempt of their own sponsor and central government.
http://www.berr.gov.uk/files/file45019.pdf
Nuff said.
