28-05-2010, 01:29
(28-05-2010 01:03 )eccles Wrote: [ -> ]Sighs heavily. Vostok 1, I take it you are not a shareholder in BangBabes and it's not your money (or job) on the line. (Neither am I before anyone asks). To be technical it is Common Law. And that is just as real as Statute Law.
Parliament gave Ofcom the power to - actually it required it to - draw up and operate a Broadcasting Code.
I'm well aware that The Communications Act of 2003 gave Ofcom its full powers. That same act also requires Ofcom to revise its codes from time to time. Including incorporating the European Commission Audio Visual Media Services (AVMS) Directive which should have been implemented into UK legislation by 19 December 2009. Ofcom certainly seem to ignore this piece of legislation in the current Bang Media case.
As for the "Common Law" part:
I thought Common Law is the same as "Case Law", which is different from statutory law which are the statutes and codes enacted by legislative bodies; regulatory law which are regulations established by governmental agencies based on statutes.
Quote:The only procedural way to challenge this is for a broadcaster who has been through the sanctions business to apply to the High Court for a Judicial Review. They would have to prove irrationality, bias or departure from legislation. It could take 1-2 years to get a hearing during which Ofcom would seem an emergency injunction banning disputed content. No bank would risk loaning money to BangBabes in the meantime and any lines of credit would be switched off. They could eventually win a court case and still loose.
Bang Babes have contributed 1000's of pounds to the legal fund of the PTVBA, its a shame those lawyers couldn't have confronted this situation sooner. Perhaps Bang should hire lawyers to sue their lawyers?