17-06-2011, 23:36
Thanks to GPP for the detailed EU rules defining which country has responsibility for a broadcaster. I have said several times it is where a broadcast was uplinked from. In fact that is only the fallback position for broadcasts from outside the EU. In most cases, as GPP points out, the main factors are where a broadcaster has its HQ and where editorial decisions are made.
When it comes to Babestation it makes no sense to simulcast on Dutch and UK licences. Ownership, HQ, editorial decisions and production have to be the same for both. Meaning a strict application of the rules would mean both channels falling under the same country. (Unless the simulcast was parttime, in which case it could be argued that it was a bought in feed with separate editorial decisions).
That depends on strict application of the rules. If the UK Babecast channel is authorised Ofcom has nothing to gain by wasting £000s on demanding a Dutch doppelgander into UK regulation. And if the content is tame by Dutch standards does anyone think the Dutch would give a toss?
It only becomes an issue if Ofcom fine a channel (what is the qualifying revenue?) or ban one.
So a broadcaster with a sense of self preservation would abide by UK rules, but might not waste money reregistering an inherited channel. And it could be useful to keep Dutch registration in reserve just in case the UK channel ever does get banned.
With a bit of thought the channels could be juggled and BSExtreme put out on a purely Dutch licence, perhaps even on both Freeview and Sky, and Dutch strength hardcore shown. The big question is why this step has not been taken. It could be linked to annual subscriptions, trying viewers into spending at least £120 a year. £5.99 for just one night is expensive by comparison, but it may be that there are more people who will shell out £5.99 several times a month on a casual basis than will sign up for a year. BS now has (short) encrypted live shows 7 days a week which suggests they are not exactly struggling to find paying customers.
And that could be crux of it. They already have enough paying customers to make lice shows 7 nights a week worthwhile. What incentive do they have to incur the wrath of the Daily Mail, Ofcom and RentAQuote MPs and be targetted by inventive new regulations in 6 months time? Ofcom might not be able to touch them directly but BCAP or ICTIS might.
When it comes to Babestation it makes no sense to simulcast on Dutch and UK licences. Ownership, HQ, editorial decisions and production have to be the same for both. Meaning a strict application of the rules would mean both channels falling under the same country. (Unless the simulcast was parttime, in which case it could be argued that it was a bought in feed with separate editorial decisions).
That depends on strict application of the rules. If the UK Babecast channel is authorised Ofcom has nothing to gain by wasting £000s on demanding a Dutch doppelgander into UK regulation. And if the content is tame by Dutch standards does anyone think the Dutch would give a toss?
It only becomes an issue if Ofcom fine a channel (what is the qualifying revenue?) or ban one.
So a broadcaster with a sense of self preservation would abide by UK rules, but might not waste money reregistering an inherited channel. And it could be useful to keep Dutch registration in reserve just in case the UK channel ever does get banned.
With a bit of thought the channels could be juggled and BSExtreme put out on a purely Dutch licence, perhaps even on both Freeview and Sky, and Dutch strength hardcore shown. The big question is why this step has not been taken. It could be linked to annual subscriptions, trying viewers into spending at least £120 a year. £5.99 for just one night is expensive by comparison, but it may be that there are more people who will shell out £5.99 several times a month on a casual basis than will sign up for a year. BS now has (short) encrypted live shows 7 days a week which suggests they are not exactly struggling to find paying customers.
And that could be crux of it. They already have enough paying customers to make lice shows 7 nights a week worthwhile. What incentive do they have to incur the wrath of the Daily Mail, Ofcom and RentAQuote MPs and be targetted by inventive new regulations in 6 months time? Ofcom might not be able to touch them directly but BCAP or ICTIS might.
I haven't watched watched that in years, but when I did used to watch soaps I was allways more of a home and away man myself, an episode that springs to mind is when the summerbay babes decided to raise some money for charity so they decided to do a spot of bikini car wash's 
and that is still more than the babe channels are allowed to show at 9PM, another programme that springs to mind is Baywatch back in the Pamela Anderson era and it was broadcast at 1705 on a Saturday and that never had any complaints also to think of it, certainly not from me, thank fuck when I was growing up the TV was no way near as censored as it currently is now.