Bluebird TV - Chat & Discussion

Looking in to this one of the requirements of Skys EPG contract is that you need to hold an Ofcom License. By having a non-uk license and claiming to be a European broadcaster you could avoid having to deal with Ofcom on the minor infringements (quite helpful Im sure) but if you were to continuously cross the line or push things beyond the whats allowed within the broadcasting code then Ofcom would pull the plug via Sky. Quite a few of the cellcast channels have European licenses but as Im sure you have all noticed it hasn't allowed them to push the boundaries. Anyone hoping for R18 or anything close will be very disappointed. Lets just hope that Bluebird choose to throw caution to the wind and we get the return of Babestar!

My thoughts are if they were to go pure freesat (avoid Sky) and uplink from abroad to 28E they would be fine with full on nudity (non HC) FTA.

(23-05-2010 20:07 )hotboy Wrote:  Looking in to this one of the requirements of Skys EPG contract is that you need to hold an Ofcom License. By having a non-uk license and claiming to be a European broadcaster you could avoid having to deal with Ofcom on the minor infringements (quite helpful Im sure) but if you were to continuously cross the line or push things beyond the whats allowed within the broadcasting code then Ofcom would pull the plug via Sky. Quite a few of the cellcast channels have European licenses but as Im sure you have all noticed it hasn't allowed them to push the boundaries. Anyone hoping for R18 or anything close will be very disappointed. Lets just hope that Bluebird choose to throw caution to the wind and we get the return of Babestar!

(23-05-2010 20:16 )OFWATCH Wrote:  My thoughts are if they were to go pure freesat (avoid Sky) and uplink from abroad to 28E they would be fine with full on nudity (non HC) FTA.

(23-05-2010 20:07 )hotboy Wrote:  Looking in to this one of the requirements of Skys EPG contract is that you need to hold an Ofcom License. By having a non-uk license and claiming to be a European broadcaster you could avoid having to deal with Ofcom on the minor infringements (quite helpful Im sure) but if you were to continuously cross the line or push things beyond the whats allowed within the broadcasting code then Ofcom would pull the plug via Sky. Quite a few of the cellcast channels have European licenses but as Im sure you have all noticed it hasn't allowed them to push the boundaries. Anyone hoping for R18 or anything close will be very disappointed. Lets just hope that Bluebird choose to throw caution to the wind and we get the return of Babestar!

Wont hit the mass market though, you can pick up all sorts if you have a satellite dish and know how to use it but most of the people watching these channels are using a Sky set top box and remote control. If the mass market can see it Ofcom will find a way to regulate it. Their existence depends on it!

My interpretation of Bluebirds comment about territoriality is posted in the Broadcasting Regulations thread/Ofcom Current Investigations.

The Audiovisual Media Services Directive (2010/13/EU) that came into force on the 5th May 2010 permits a broadcaster who is based (head office) in a member country of the EU and this is also where editorial decisions regarding content for the channel(s) is made to be governed by that countries rules/interpretation of the AVMS Directive. They are then permitted to broadcast content into other member states using any platform for that service.


[/quote]

AMSD only applies to Video on Demand, not linear broadcast.
[/quote]

Mr Bluebird

Diect from the European Commissions website on the AVMSD


Wider coverage (Article 1 (1)(a))

The new Directive covers all audiovisual media services - that means traditional television (linear service) and video-on-demand (non-linear services). These services must be directed at the general public and intended to inform, entertain and educate under the editorial responsibility of a media service provider.

You trying to throw us a curved ball.

(23-05-2010 23:00 )Gold Plated Pension Wrote:  

(23-05-2010 17:45 )BLUEBIRD OFFICIAL Wrote:  

My interpretation of Bluebirds comment about territoriality is posted in the Broadcasting Regulations thread/Ofcom Current Investigations.

The Audiovisual Media Services Directive (2010/13/EU) that came into force on the 5th May 2010 permits a broadcaster who is based (head office) in a member country of the EU and this is also where editorial decisions regarding content for the channel(s) is made to be governed by that countries rules/interpretation of the AVMS Directive. They are then permitted to broadcast content into other member states using any platform for that service.

AMSD only applies to Video on Demand, not linear broadcast.
[/quote]

Mr Bluebird

Diect from the European Commissions website on the AVMSD


Wider coverage (Article 1 (1)(a))

The new Directive covers all audiovisual media services - that means traditional television (linear service) and video-on-demand (non-linear services). These services must be directed at the general public and intended to inform, entertain and educate under the editorial responsibility of a media service provider.

You trying to throw us a curved ball.
[/quote]

We and our legal advisors read the legal provisons a little more carefully:

http://www.opsi.gov.uk/si/si2009/uksi_20092979_en_1

http://eur-lex.europa.eu/LexUriServ/LexU...024:EN:PDF

http://www.ofcom.org.uk/tv/ifi/vod/vodservices.pdf

Just have a think about your idea:

- If a VOD service [not linear: please read the whole directive + actual UK law] has editorial control outside the UK, then local law applies (provided certain other conditions are also satisfied).

- Now, there is a Live TV show happening in the UK. The producer is sitting 12 feet away from the performance, with a 3 second time delay switch. Where - do you think -is 'editorial control' being exercised: in Belgium ?

Right...

We appreciate the dialogue. If there was any legal possibility of doing R18 encrypted, or even just 18 on free-to-air, it is in the interests of us and the other channels - more than anyone - to do it.

But there isn't right now.

Please complain to the institutions responsible.

Thanks

(23-05-2010 17:55 )Rammyrascal Wrote:  

(23-05-2010 03:06 )amandasnumerounofan Wrote:  

(23-05-2010 02:04 )BLUEBIRD OFFICIAL Wrote:  Oh TJ !

Lucky Bastard!!!

lucky is an understatement. although i also have had my arm round tommie-jo

Are you Dave Gorman?

   

(24-05-2010 00:20 )BLUEBIRD OFFICIAL Wrote:  If there was any legal possibility of doing R18 encrypted, or even just 18 on free-to-air, it is in the interests of us and the other channels - more than anyone - to do it.

But there isn't right now.

So , Mr Bluebird, the new web-stream will be a simul-cast of the
TV channel using Camera18 rather then Camera15 ....yes ?

Grey

(24-05-2010 00:20 )BLUEBIRD OFFICIAL Wrote:  

(23-05-2010 23:00 )Gold Plated Pension Wrote:  

(23-05-2010 17:45 )BLUEBIRD OFFICIAL Wrote:  

My interpretation of Bluebirds comment about territoriality is posted in the Broadcasting Regulations thread/Ofcom Current Investigations.

The Audiovisual Media Services Directive (2010/13/EU) that came into force on the 5th May 2010 permits a broadcaster who is based (head office) in a member country of the EU and this is also where editorial decisions regarding content for the channel(s) is made to be governed by that countries rules/interpretation of the AVMS Directive. They are then permitted to broadcast content into other member states using any platform for that service.

AMSD only applies to Video on Demand, not linear broadcast.

Mr Bluebird

Diect from the European Commissions website on the AVMSD


Wider coverage (Article 1 (1)(a))

The new Directive covers all audiovisual media services - that means traditional television (linear service) and video-on-demand (non-linear services). These services must be directed at the general public and intended to inform, entertain and educate under the editorial responsibility of a media service provider.

You trying to throw us a curved ball.
[/quote]

We and our legal advisors read the legal provisons a little more carefully:

http://www.opsi.gov.uk/si/si2009/uksi_20092979_en_1

http://eur-lex.europa.eu/LexUriServ/LexU...024:EN:PDF

http://www.ofcom.org.uk/tv/ifi/vod/vodservices.pdf

Just have a think about your idea:

- If a VOD service [not linear: please read the whole directive + actual UK law] has editorial control outside the UK, then local law applies (provided certain other conditions are also satisfied).

- Now, there is a Live TV show happening in the UK. The producer is sitting 12 feet away from the performance, with a 3 second time delay switch. Where - do you think -is 'editorial control' being exercised: in Belgium ?

Right...

We appreciate the dialogue. If there was any legal possibility of doing R18 encrypted, or even just 18 on free-to-air, it is in the interests of us and the other channels - more than anyone - to do it.

But there isn't right now.

Please complain to the institutions responsible.

Thanks
[/quote]

Not our job to complain - although we've done it on many occasions, and contributed to all the reviews Ofcom (and the ITC) have had.

Your job is to push the line, and when Ofcom fine you, take it to court. Plenty of people on here and elsewhere have provided ample ammunition that knocks Ofcom's case out of the water, but no-one chooses to follow it up.

Look at it this way - everyone said you'd never win over hardcore magazines in this country until someone challenged it and won. Everyone said you'd never win over hardcore DVDs in this country until someone challenged it and won. Everyone said you'd never win over hardcore broadcasting in this country until . . . .

I am sure Bluebird have done their homework well in advance.

The implication is that we the viewer are screwed until the UK Gov change the rules (via the Quangos).

If this is the case, how can Bluebird offer anything 'stronger' or that different, to say Bang babes who are currently being hounded by OFCOM? What's new thats on the table? Well I guess new girls new sets new ideas+++ Sounds refreshing and way cool!

Or am I missing something?

STOP PRESS: TORI IS COMING TO BLUEBIRD - WHOOT!

*********


We and our legal advisors read the legal provisons a little more carefully:

http://www.opsi.gov.uk/si/si2009/uksi_20092979_en_1

http://eur-lex.europa.eu/LexUriServ/LexU...024:EN:PDF

http://www.ofcom.org.uk/tv/ifi/vod/vodservices.pdf

Just have a think about your idea:

- If a VOD service [not linear: please read the whole directive + actual UK law] has editorial control outside the UK, then local law applies (provided certain other conditions are also satisfied).

- Now, there is a Live TV show happening in the UK. The producer is sitting 12 feet away from the performance, with a 3 second time delay switch. Where - do you think -is 'editorial control' being exercised: in Belgium ?

Right...

We appreciate the dialogue. If there was any legal possibility of doing R18 encrypted, or even just 18 on free-to-air, it is in the interests of us and the other channels - more than anyone - to do it.

But there isn't right now.

Please complain to the institutions responsible.

Thanks
[/quote]

[quote='OFWATCH' pid='525567' dateline='1274716958']
I am sure Bluebird have done their homework well in advance.

The implication is that we the viewer are screwed until the UK Gov change the rules (via the Quangos).

If this is the case, how can Bluebird offer anything 'stronger' or that different, to say Bang babes who are currently being hounded by OFCOM? What's new thats on the table? Well I guess new girls new sets new ideas+++ Sounds refreshing and way cool!

Or am I missing something?

STOP PRESS: TORI IS COMING TO BLUEBIRD - WHOOT!

You put it very well. And of course there's the extra element of HARDBLUE, which Bangs and Elite (for example) don't offer. Thank you.