Babe Channels

Studio 66 TV Nights Studio 66 TV 3 (Channel 941), 5 March 2013, 00:20 to 00:30
Studio 66 TV Days Studio 66 TV 3 (Channel 941), 17 April 2013, 10:30 to 11:45
Studio 66 TV Nights Studio 66 TV 2 (Channel 938), 17 April 2013, 21:04 to 21:08

Studio 66 TV 2 and Studio 66 TV 3 channels are free to air babe channels owned and operated by the same licensee, 965 TV Ltd.

Ofcom cited examples from the above broadcasts:

Ofcom noted a female presenter wearing red shoes, a black thong, red bra and red fishnet tights. During the broadcast the presenter lay on her back with her legs open to camera and repeatedly gyrated and thrust her hips as if to mime sexual intercourse. She held this position for a prolonged period. Her underwear did not adequately cover her anal area which was clearly visible during this broadcast.

A female presenter was initially shown lying face downwards and wearing a short black crop top that was covering some of her shoulders and breasts, and a pair of cutaway leopard print knickers, exposing the cheeks of her buttocks. Ofcom noted that:

• the presenter was shown repeatedly rocking her buttocks; and
• at various times, the presenter adjusted her position so that her crop top did not fully cover the bottom half of her breasts

A female presenter was initially shown lying sideways facing the camera, with bare breasts except for her nipples being covered by a thin strip of black plastic tape. Another thin strip of black plastic tape had been stuck around the presenter's stomach. The presenter's only other clothing was a skimpy pair of black knickers, with what appeared to be a black G-string worn underneath. While the presenter was lying on her side:

• she was shown occasionally: rocking her body backwards and forwards; and at times touching her breasts, apparently to check to see if the plastic tape was adequately covering her nipples; and
• the camera occasionally zoomed in and moved down the presenter's body.

At approximately 21:06 the presenter turned to lie on her front, thrusting and rocking her buttocks up and down. In this position, it was apparent that the presenter's knickers were cut away exposing the cheeks of her buttocks

Ofcom considered 

BCAP Rule 32.3: Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.

BCAP Rule 4.2: Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards.

Ofcom Decision: Breach of Rules 32.3 and 4.2

The combination of these images and actions resulted in the material being of a strong sexual nature. Ofcom considered the broadcast included images that are not permitted in adult chat broadcast advertisements that are freely available without mandatory restricted access. Ofcom found this material in breach of Rule 4.2 of the BCAP Code.

And when before the watershed or soon after the broadcasts were in breach of BCAP Code Rule 32.3.

Given previous code breaches, Ofcom is requiring the Licensee to attend a meeting to discuss its compliance procedures.

Studio 66 Days
Studio 66 TV 1 (Channel 912), 4 April 2013, 11:30 to 12:05

Studio 66 Days is a segment of free to air interactive daytime chat advertising content broadcast on the service Studio 66 TV 1 (Sky Channel 912). Viewers are invited to contact on-screen presenters via premium rate telephony services ( PRS ). All dress and behaviour should be non-sexual in tone and apparent intent.

The licence for Studio 66 TV 1 is owned and operated by 914 TV Limited.

As part of its routine monitoring, Ofcom assessed some advertising content broadcast on 4 April 2013 between 11:30 and 12:05 featuring a female presenter. The presenter was wearing a low cut, black and white spotted strapless one-piece, and shown lying on her side with her legs apart while thrusting her body backwards and forwards, and gyrating her hips. Ofcom further noted that:

• on several occasions one of the presenter's nipples was partially exposed, due to the one-piece falling down. Furthermore, the presenter was shown repeatedly pulling the top of the one-piece up to ensure that her nipples were adequately covered;

• from 11:42 to 11:45, the presenter switched position to lie on her back, with her legs apart, while she continued to gyrate her hips and thrusting backwards and forwards; and

• at various times, the presenter caressed her inner thigh, breasts, and buttocks.

Ofcom considered Broadcasting Committee of Advertising Practice (BCAP) Rule 32.3, which states:

Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.

914 TV apologised for this incident. The Licensee said that: we agree that this piece of content fell short of complying with both our own internal guidelines and Ofcom's published guidance regarding 'Daytime Chat' . The Licensee, however, made a number of representations by way of mitigation.

Ofcom Decision: Breach of rule 32.3

Ofcom noted that the female presenter was wearing clothing that did not adequately cover her body, in particular a one-piece which repeatedly slipped down to expose one of the presenter's nipples. While wearing this outfit, the presenter acted in a sexualised manner: she was shown lying on her side for prolonged periods of time, her legs apart whilst thrusting her body backwards and forwards, and gyrating her hips (albeit away from camera), so as to mimic sexual intercourse. She also caressed her breasts, inner thighs and buttocks in a sexually suggestive manner. Ofcom concluded that this material was unsuitable for children.

In view of earlier findings and subsequent guidance, Ofcom is very concerned that 914 TV has again broadcast material that has breached Rule 32.3 of the BCAP Code. Given the Code breaches recorded in this Finding, Ofcom is requiring the Licensee to attend a meeting to discuss its compliance procedures.

Breach of BCAP Rule 32.3

Satellite Entertainment Limited (SEL) runs services Northern Birds (Channel 935), Essex Babes (Channel 936), Sportxxx Girls (Channel 940), and Livexxx Babes (Channel 942).

Ofcom has fined SEL £40,000 citing Rule 30.3:

Advertisements for products coming within the recognised character of pornography are permitted behind mandatory restricted access on adult entertainment channels only

In Ofcom's finding, published on 4 March 2013 in Broadcast Bulletin issue 2253, Ofcom found that SEL was in breach of BCAP Code Rule 30.3 for the period 24 September 2012 to 8 February 2013 because throughout this period each of the SEL Licensed Services carried continued and repeated broadcast of promotional references to the bluebird.tv website, which at the time of the Finding contained material within the recognised character of pornography.

Ofcom noted that the broadcast of an advertisement, on channels without mandatory restricted access, for a website containing pornographic material is a serious breach of the BCAP Code. Ofcom was particularly concerned that the Licensee in these instances broadcast the advertisement for extended periods both during daytime and immediately after the watershed when children were available to view (some unaccompanied). Ofcom therefore put the Licensee on notice that it would consider the breaches for the imposition of a statutory sanction.

Ofcom observed that the Bluebird Films home page contained explicit pornographic material (equivalent to BBFC R18-rated content). Registration and age verification by means of credit card ownership was only required if the user wished to become a member of a paid-for content service.

Ofcom decided that it is appropriate and proportionate in the circumstances to impose a financial penalty of £40,000 on the Licensee in respect of the breaches of Rule 30.3.

GirlGirl
ChatGirl TV (Sky Channel 937), 22 August 2012, 07:30 to 08:30

GirlGirl is a segment of interactive adult chat advertising content broadcast on the licensed service known as ChatGirl TV (Sky Channel 937). The service is freely available without mandatory restricted access and is situated in the adult section of the Sky electronic programme guide ( Sky EPG ). Viewers are invited to contact on- screen presenters via premium rate telephony services ( PRS ). The female presenters dress and behave in a sexually provocative way while encouraging viewers to contact the PRS numbers.

The licence for ChatGirl TV is owned and operated by Playboy UK TV.

Ofcom received a complaint that content on this service, broadcast between 07:30 and 08:30, contained sexual images that were too strong to be shown at this time.

Ofcom noted that the advertising content featured a female presenter on screen wearing a leopard skin print one piece outfit which consisted of a thin piece of material, covering her breasts but not her torso, under which she wore a black bra which covered the majority of her breasts. Over the top of the leopard print one piece outfit she wore skimpy black hot pants which revealed some of the buttock. She also wore black stockings which she rolled up and down intermittently.

From 07:30 the presenter adopted one particular position: she lay on her front gently thrusting and rocking her buttocks up and down and from side to side (albeit away from camera). While making these movements she rubbed and stroked her buttocks and upper thighs. On a few occasions the presenter varied her position: lying on her side, opening her legs (albeit away from camera) and gently rocking her body backwards and forwards. In addition, the presenter made several invitations to callers to telephone her. These included her saying:

I'm helping you get up today boys in my stockings. I also have my boots today very close by... [I]f you want my boots putting on all you have to do is say the word and they will get on my long legs ; come and get me ; have some fun on this bed ; you boys should give me a good work out! ; what are you waiting for boys? and want a bit of fun on my bed right now?

Ofcom considered this material raised issues warranting investigation under BCAP Code Rule 32.3, which states:

Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.

Playboy TV said it viewed the material and confirmed that the Licensee considered the broadcast an unfortunate blip on our compliance record and that it immediately took steps to prevent a recurrence. The Licensee stated that with all live programming there is always a small chance of content airing that strays close to the limits of the Code and that it took all such issues seriously and would do all it could to prevent them.

Ofcom Decision: Breach of Rule 32.3

Ofcom noted that the female presenter was wearing clothing that did not adequately cover her body, in particularly high cut hot pants that exposed some of her buttock. While wearing this outfit, the presenter acted in a sexualised manner: she was shown lying on her stomach for prolonged periods of time, repeatedly and clearly gyrating and thrusting her buttocks so as to mimic sexual intercourse (albeit away from camera). She also touched, rubbed and stroked her upper thighs, legs and buttocks in a sexually suggestive manner and invited callers to contact her in a sexually provocative way. In light of this behaviour and imagery, Ofcom concluded that this material was clearly unsuitable for children.

The broadcast of such sexualised content was inappropriate to advertise adult chat during the day and before the watershed. This broadcast was therefore in breach of BCAP Code Rule 32.3.

In light of this breach and concerns about the Licensee's compliance, Ofcom will be monitoring the Licensee's daytime content for a period of time

Update: Channel Removed

16th December 2012.

Not sure if this is connected to the Ofcom ruling, but the GirlGirl channel (937) has come to an end, and has been taken of the Sky EPG.

Storm Night
Storm (Channel 966), 18 June 2012, 21:00 to 21:30

Storm Night is a segment of interactive adult chat advertising content broadcast on the licensed service known as Storm (Sky Channel 966). The licence for Storm is owned and operated by Live Television Ltd.

Ofcom received a complaint that content on this service, broadcast shortly after the watershed, contained sexual images that were too strong to be shown at this time

Ofcom noted a female presenter on screen wearing a translucent leopard skin print one piece outfit, which clearly showed the presenter's breasts. The outfit was cut away at the sides and back and featured a thong style back. In addition, she wore a black thong, under the one piece outfit, and fishnet stockings. From around 21:15, and until at least 21:30, the presenter adopted various sexual positions: she lay on her side with her legs apart (albeit away from camera) while thrusting her body up and down, stroking her breasts and inner thighs and pulling down her top to reveal her cleavage; she moved onto all fours and thrust her bare buttocks (albeit at an angle slightly away from camera) to mime sexual intercourse; and, she knelt upright on her legs and moved her body up and down to mime sexual intercourse. While adopting these positions her outer genital area was briefly visible.

Ofcom considered BCAP Rule 32.3:

Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.

Ofcom Decision: Breach of Rule 32.3

On 27 July 2011 Ofcom published revised guidance on the advertising of telecommunications-based sexual entertainment services and PRS daytime chat services. This clearly sets out what Ofcom considers to be acceptable to broadcast on these services post-watershed. In particular, the Chat Service Guidance states that with regard to material broadcast after 21:00 adult chat broadcasters should ensure that:

After 9pm any move towards stronger – but still very restrained – material containing sexual imagery should be gradual and progressive. There should not for example be any miming of sexual acts between 9 and 10pm.

Ofcom noted that between 21:00 and 21:30, the female presenter wore a cut away one piece outfit that, at times and depending on her position, revealed her outer genital area. In addition, from approximately 21:15 she adopted various sexual positions such as lying on her side with her legs open thrusting up and down with her hips while pulling down her top and stroking her body; moving onto all fours and thrusting her bare buttocks up and down; kneeling upright and moving up and down. In these positions she repeatedly mimed sexual intercourse. In Ofcom's view, the translucent clothing which revealed her breasts, the sexual positions and the miming of sexual intercourse were intended to be sexually provocative in nature. In light of this behaviour and imagery, Ofcom concluded that this material was clearly unsuitable for children.

The broadcast of such sexualised content was inappropriate to advertise adult sex chat so soon after the 21:00 watershed. This broadcast was therefore in breach of BCAP Code Rule 32.3

Dirty Wives
Get Lucky TV (Channel 909), 15 February 2012, 21:01 to 21:30

Dirty Wives is a segment of interactive adult chat advertising content broadcast on the licensed service known as Get Lucky TV (Sky Channel 909). The service is freely available without mandatory restricted access and is situated in the „adult section of the Sky electronic programme guide. Viewers are invited to contact onscreen presenters via premium rate telephony services. The female presenters dress and behave in a sexually provocative way while encouraging viewers to contact the premium phone numbers. The licence for Get Lucky TV is owned and operated by Grandiose Limited.

Ofcom received a complaint that some content broadcast immediately after the watershed contained sexual images that were too strong to be shown at this time.

Ofcom noted there were three female presenters on screen during the broadcast. The female presenter on the left of the screen was wearing a pink leopard print top, a black high leg thong, black stockings and shoes. From 21:04 this presenter adopted various positions. She knelt facing the camera with her legs open and mimed sexual intercourse and knelt with her bare buttocks to camera at times lifting up a leg to reveal her crotch area in greater detail. On one occasion while in this position, she pulled tightly on her thong and lifted it to reveal anal detail.

Ofcom considered Rule 32.3, which states:

Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.

Ofcom Decision: Breach of Rule 32.3

Ofcom noted that between 21:01 and 21:30, the female presenter on the left of the screen wore a high leg thong that revealed her outer genital area. In addition, at approximately 21:07 she was on all fours, with her bare buttocks to camera and briefly pulled tightly on her thong on three occasions to reveal her anal area. While wearing this very skimpy clothing, she adopted sexual positions such as lying on her back with her legs open to camera thrusting forward with her hips, and kneeling facing the camera miming sexual intercourse. The same presenter later but before 21:30: rubbed oil onto her outer genital area and breasts (through her top); slapped her buttocks; massaged her breasts and stroked her outer genital area; and while kneeling with her buttocks side on to camera, pulled her thong down to under her buttocks and gyrated her hips. In Ofcom's view, the revealing clothing and sexual positions and other inappropriate images, including that of anal detail, were intended to be sexually provocative in nature. In light of this behaviour and imagery, Ofcom concluded that this material was clearly unsuitable for children.

The broadcast of such sexualised content was inappropriate to advertise „adult sex chat so soon after the 21:00 watershed.

This broadcast was therefore in breach of BCAP Code Rule 32.3.

Storm Night
Storm, 9 December 2011, 23:30

Storm is a free to air babe channel (Sky channel number 966). The licence for the service is held by Chat Central.

A complainant alerted Ofcom to the broadcast of inappropriate content during Storm Night on 9 December 2011.

The female presenter was wearing: a grey pleated skirt, pulled up over her stomach and under her bare breasts; a striped tie draped over her shoulders; a novelty necklace; and white trainers and socks. The presenter was not wearing any underwear.

During the broadcast she lay back on a desk, facing the camera with her legs tightly closed. At various points during the broadcast she changed position and covered her genital area with either a flat or cupped hand.

Approximately 20 minutes into the broadcast she opened her legs to camera and placed a cupped hand over her genitals, clearly applying pressure against her genital area.

She also poured white lotion onto her breasts, which remained there for the duration of the broadcast.

Ofcom considered rule 4.2 of the BCAP Code:

Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards.

Ofcom has previously published rules on what Ofcom considers to be acceptable to broadcast on these services post-watershed.

adult chat broadcasters should at no time:

• broadcast anal, labial or genital areas or broadcast images of presenters touching their genital or anal areas either with their hand or an object; and
   
• at no time broadcast shots of presenters using liquids of a sort in a way which suggests the liquid is ejaculate.

Ofcom Decision Breach of rule 4.2

In Ofcom's view the images highlighted above were strong and clearly capable of causing offence. We noted that the broadcast included material that is clearly inconsistent with Ofcom's guidance. For example: the presenter was clearly applying pressure against her genital area with her hand and used body lotion in a way that suggested it was ejaculate.

Ofcom noted that in conjunction with those images the presenter performed various other actions including: stroking her body; shaking her breasts to camera; and miming fellatio. Her position on screen (reclining on the desk facing the camera) also resulted in her genital area becoming the focal point of the shot, despite the fact there were no actual images of her genitals, intrusive or otherwise. Ofcom considered the material included images that are not permitted in „adult chat advertising content that is available without mandatory restricted access.

Ofcom considered that because the presenter was not wearing any underwear, the chances of the material contravening the relevant rules and guidance was significantly increased because she had to ensure her genital area was adequately covered by her hand each time she changed position.

Ofcom does not prohibit nudity in adult sex chat services. However, as set out in Ofcom's guidance, images of presenters touching their genital or anal areas either with their hand or an object are prohibited within the context of „adult chat advertising content that is freely available without mandatory restricted access. In light of this we would caution against the use of naked presenters when broadcasting this content.

Ofcom found this material in breach of Rule 4.2 of the BCAP Code.

UK TV censor Ofcom has complained to the Dutch media regulator about the content of adult chat channels Babestation and Smile TV, which are licensed in the Netherlands but broadcast to millions of Freeview households in the UK .

The UK TV cenosr said that this is an important issue, and active discussions are under way with Commissariaat voor de Media (Dutch media authority), the country's content licensing body, to see how British audiences can be protected from scenes of near naked women massaging each other's breasts, masturbating and faking orgasms.

Babestation and Smile TV broadcast free to air on digital terrestrial TV service Freeview between 10pm and 6am.

Ofcom has previously revoked the broadcast licences of UK adult TV channels that are anywhere near sexy. However, as Babestation and Smile TV are licensed by the Dutch media authority, rather than Ofcom, the UK regulator has no power to block or ban them.

The TV censor added that it has no tally of the number of complaints received from British viewers about the channels, adding that it advises those offended to approach the Dutch regulator.

Caroline Dinenage, Conservative MP for Gosport and member of the parliamentary inquiry into online child protection, said there was an urgent need to address inappropriate television content:

Some of the images on Freeview may be contravening UK regulation. This is terrestrial TV, free to everyone, including children and teenagers.

We need to ensure that Freeview operators who sell capacity to non-UK porn channels behave responsibly, and respect UK regulations. There may be a compelling case for Ofcom to withdraw licences from companies selling spectrum to porn channels, without putting in place age restrictive access control.

The channels could be in breach of puritanical UK censorship rules  by promoting websites offering R18 hardcore pornography content or equivalent.

An Ofcom spokesprude said If they don't do what we ask them we can go to the European Commission.

A Freeview spokesperson said as an open platform it is required to broadcast licensed channels that apply for distribution, including Babestation and Smile TV. The channels use DTT spectrum owned by Arqiva to broadcast on Freeview. Each multiplex owner is responsible for a bundle of spectrum via which a number of channels are broadcast. Any spectrum not used for their own channels is leased to other broadcasters.

A spokesman for Dmol, a company owned by the operators of the six Freeview multiplexes -- the BBC, ITV, Channel 4 and Arqiva said that the current arrangement was not ideal , with the Dutch-licensed adult chat channels accessible to 90% of about 10.6m UK homes that use Freeview:

We are conscious of the need to move quickly. We are encouraged by news of Ofcom's active discussions.

ChatGirl TV
Adult Channel (Channel 901), 4 November 2011, 21:00 to 21:30

ChatGirl TV is a babe channel operating when the Adult channel isn't. The content is supplied by a third party but Playboy TV is responsible for the compliance of the service.

Ofcom received a complaint that the sexual content detailed below was too strong immediately after the watershed.

The female presenter was wearing a one piece black and white patterned outfit. This consisted of two thin strips of fabric covering her nipples only joined by strings to a thin strip of fabric which covered her inner genital area only. Over the top of this outfit she wore leather-look hot pants which had a zip at the front which she pulled down at approximately 21:02 to reveal her pubic area and inside the thin fabric covering her inner genital area.

From 21:00 the presenter adopted various positions. She lay on her side gently thrusting her hips forward and at times lifted up a leg to reveal her crotch area in greater detail. In this position, she pulled tightly on the strings connecting the strip of fabric covering her inner genital area to emphasise her pubic area and she repeatedly stroked her legs and inner thighs. The camera regularly zoomed into the presenter's crotch in an intrusive and prolonged manner during the broadcast.

The presenter also lay on her front and pulled down her hot pants to under her buttocks and thrust her bottom upwards. The images of the bare buttocks, shot to the side to avoid genital detail, were at times close up and prolonged.

Ofcom considered Rule 32.3, which states:

Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.

Playboy TV viewed the material and confirmed that it did not conform to the guidelines on adult PRS services1 .

The content supplier, Access All Media, also wrote to Ofcom and conceded that on some occasions her [the presenter's] movements, together with the camera-work, have resulted in content which appears stronger than intended due to the skimpy nature of her outfit . It further accepted that the close-ups were unfortunate given the presenter's outfit. We can now see how the combination of the close-ups and the presenter's outfit served to increase the strength of the content beyond the intended threshold, for which we sincerely apologise .

Ofcom Decision: Breach of BCAP Code Rule 32.3

In Ofcom's view, the revealing clothing, sexual positions and close up intrusive images were intended to be sexually provocative in nature. In light of this behaviour and imagery, Ofcom concluded that this material was clearly unsuitable for children.

In Ofcom's opinion, viewers (and in particular parents) would not expect such material to be broadcast and available to view so soon after 21:00, particularly given that material broadcast on such services prior to 21:00 should be non-sexual in tone and apparent intent. The broadcast of such sexualised content was inappropriate to advertise „adult sex? chat so soon after the 21:00 watershed. This broadcast was therefore in breach of BCAP Code Rule 32.3.

This present contravention of the BCAP Code is another example of poor compliance by the Licensee, given the strength of the material broadcast immediately following the watershed. However, Ofcom notes that the Licensee states it has taken several measures to improve its compliance since 15 November 2011. We would therefore anticipate no further similar breaches of the BCAP Code. Also the Licensee admitted promptly and fully that this content did not comply with the Chat Service Guidance. Playboy TV remains on notice however that any further similar contraventions of the BCAP Code will be considered for further regulatory action by Ofcom.

Breach of BCAP Code Rule 32.3

Ofcom have fined Playboy TV (including its wholly owned subsidiary Just4Us TV) £110,000 for supposed breaches of their code by the babe channels Red Light 1, 2 & 3 during April 2011.

Ofcom cited breaches of advertising censorship rules:

• Rule 4.2: Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards.

• Rule 32.3 Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.

[I can't say I noticed any evidence supplied about actual 'widespread offence'. Just a handful of complaints].

The finding highlighted a number of supposed examples of broadcast material that was claimed to be clearly inconsistent with the Chat Service Guidance, such as images of the presenters:

• spitting on their bodies to emulate ejaculate;
• using a cupped hand and on one occasion a telephone to cover their genital area, resulting in clear pressure between their hand or telephone and the genital area;
• pouring oil onto their buttocks and genital area; and
• wearing clothing that did not adequately cover their genital area (in one case outer labia were clearly visible).

Ofcom considered this material should not have been broadcast within the context of „adult chat. advertisements that were freely available without mandatory restricted access.

With regards to two broadcasts on 9 and 13 April 2011 between 21:00 and 21:45, Ofcom noted that on a number of occasions between 21:00 and 21:30 the female presenters adopted sexually provocative positions, sometimes for prolonged periods and regularly stroked and massaged their breasts and mimicked sexual intercourse.

In Ofcom's opinion, viewers (and in particular parents) would not expect such material to be broadcast so soon after 21:00. Further, the broadcast of such relatively strong sexualised content was inappropriate to advertise adult sex chat so soon after the 21:00 watershed.

After considering all the evidence and all the representations made to it by the Licensees, Ofcom decided that the BCAP Code breaches were serious and repeated and therefore a financial penalty should be imposed.

Ofcom then also considered the level of the fine to be imposed. Ofcom decided it was appropriate and proportionate in the circumstances to impose a financial penalty of £60,000 on Just4us and £50,000 on Playboy TV in respect of the Code breaches.

Bluebird TV
SportXXXGirls, 10 August 2011, 18:20

Bluebird TV is interactive daytime chat advertising content broadcast on the babe channel SportXXXGirls.  The licence for the service is held by Satellite Entertainment Limited (SEL)

A complainant alerted Ofcom to the broadcast of offensive language during Bluebird TV at 18:30 on 10 August 2011.

After inviting viewers to contact the studio, the female presenter placed the microphone beside her but it was not then muted. As a result, her conversation with three callers and a woman off-screen was broadcast over a 20 minute period.

During the three telephone conversations with callers only the presenter's side of the conversation could be heard and her speech was not always clearly audible. At other times however her words were clearly audible. For example:

get your big dick out ... slide it in inch by fucking inch into my pussy aren't you?

Between telephone calls, a conversation between the presenter and a woman off- screen was also clearly audible. That conversation included the following phrases:

...and to get money out of him is fucking hard as fuck

fucking hell

...fucking in here now

Ofcom considered the material raised issues warranting investigation under the following BCAP Code rules.

• Rule 4.2 Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards.

• Rule 32.3 Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.

The Licensee SEL apologised for any offence caused and stated:

 ...there was a specific technical fault which did occur with one of our microphones at this specific time. Upon investigation ... it has been confirmed that there were audio problems with this specific microphone. Additional equipment checks have also been introduced to minimise [the] risk of this problem occurring again.

Ofcom Decision: Breach of BCAP Code Rules 4.2, 32.3

Ofcom considered under BCAP Code Rule 32.3 whether relevant timing or scheduling restrictions were applied to these broadcasts by the Licensee. In Ofcom's view this material clearly exceeded the expectations of the audience for this daytime chat channel at 18:30. Ofcom concluded that relevant timing and scheduling restrictions were not applied to the broadcasts so as to offer adequate protection to children and therefore the material was in breach of Rule 32.3.

Ofcom concluded that relevant scheduling restrictions were not applied so as to ensure that the material which was broadcast was not capable of causing serious or widespread offence against generally accepted moral, social or cultural standards. The material was therefore in breach of BCAP Code Rule 4.2.

Considering Sanctions

Ofcom was very concerned that this broadcast of the most offensive language appeared to go undetected by the broadcaster for approximately 20 minutes. Ofcom considered this raised serious questions about the robustness of the Licensee's existing compliance procedures and expects SEL to review its compliance arrangements thoroughly as a result of this incident to ensure there are no further contraventions of a similar nature.

Ofcom has recently recorded a number of serious and repeated breaches of the BCAP Code3 against SEL. These are being considered for the imposition of a statutory sanction. This present contravention of the BCAP Code is another example of very poor compliance by the Licensee and may be taken into account as part of its compliance record when Ofcom considers the imposition of a sanction against SEL.

Ofcom have revoked the licences of the following services:

• Babeworld licensed by Babeworld TV Ltd
• House of Fun licensed by House of Fun Television Ltd
• The Other Side licensed by Forenzquick UK Ltd

Section 362(2) of the Communications  Act, sets out who should be treated as the provider of the service for the purposes of holding the licence:

A person will normally have general control if that person exercises effective control over the selection of programmes that comprise the service and their organisation into a programme schedule. It is that person who will normally be treated as being the provider of the service and who will need to hold a broadcasting licence authorising its provision.  

In the course of correspondence and meetings with Ofcom, statements made by Babeworld Television Limited, House of Fun Television Limited and Forenzquick UK Limited about the operation of the Licensed Services failed to satisfy Ofcom that these Licensees had general control over which programmes and other services were comprised in the Service.

Ofcom therefore concluded that Babeworld Television Limited, House of Fun Television Limited and Forenzquick UK Limited were not the providers of the Licensed Services in accordance with section 362(2) of the Communications Act 2003 and that, accordingly, it was appropriate to revoke their Licences.

Hell's Kitchen USA
ITV2, 18 April 2011, 21:00

Hell's Kitchen USA is the American version of the UK reality-style cooking contest which features members of the public working in a highly pressurised restaurant environment under the guidance of Gordon Ramsay.

Ofcom received one complaint about the frequency of the word fuck (or a derivative) in the programme. The complainant considered this to be inappropriate for a programme broadcast directly after the watershed. Ofcom noted that there were 47 instances of the use of this expletive in the programme. Eighteen of these were within in the first programme segment after the 21:00 watershed which lasted 11 minutes.

Ofcom considered this material raised issues that warranted investigation under the following Code rules:

• Rule 1.6: The transition to more adult material must not be unduly abrupt at the watershed….For television, the strongest material should appear later in the schedule.
• Rule 2.3 In applying generally accepted standards broadcasters must ensure that material which may cause offence is justified by the context.

Ofcom Decision: Breach of Rules 1.6 and 2.3

Regarding context, Ofcom considered first the editorial content of the programme and the likely size, composition and expectations of the audience. Ofcom acknowledged that ITV2 is aimed at young adults who (ITV's research suggests) are less likely to be offended by the most offensive language than other age groups. We also noted that Gordon Ramsay has a well established reputation in broadcasts such as Hell's Kitchen USA for using the most offensive language and that, as a result, the audience might expect some examples of the most offensive language in his programmes. We noted the continuity announcement before the programme advising viewers of very strong language from the start and that the programme started at 21:00. Ofcom took into account these factors and ITV's explanation that the purpose of the extended montage [of challenging scenes with very strong language] at the start of the programme was to reflect the various characters participating.

However, this context was not, in Ofcom's view, sufficient to justify the potential offence caused. There were 18 instances of the most offensive language included in the first 11 minutes of the programme broadcast immediately after the 21:00 watershed. This was a significant concentration of the most offensive language and had the potential to cause considerable offence to viewers, especially those who may come across it unawares. Further, this amount of very strong swearing concentrated immediately after the 21:00 watershed in Ofcom's opinion would not have been in keeping with viewers' expectations – partly because the warning given to viewers before the programme began was inadequate to prepare them for this amount of very strong language at this time.

Ofcom was concerned that a very significant portion of instances of the strongest language (18 out of the total of 47) happened between 21:00 and 21:11. Irrespective of the target audience of the preceding programme or of ITV2 in general, Ofcom considered it was likely that children would still have been watching this programme segment given its close proximity to the watershed. Audience figures in fact show that 38,000 children under the age of fifteen did in fact watch this programme (6.6% of the audience). Therefore, Ofcom concluded that this amounted to an unduly abrupt transition to more adult, post-watershed material and Rule 1.6 of the Code was breached.

• Office Girls, Sport XXX Girls (Channel 967), 9-10pm and late night

• 40+ Readers Wives, Essex Babes (Channel 954), late night

• Sport XXX1, Northern Birds (Channel 955), late night

Office Girls, 40+ Readers Wives and Sport XXX1 are programme segments on babe channels, Sport XXX Girls, Northern Birds and Essex Babes. These services are broadcast on Sky Channels 967, 954 and 955 respectively. The services are freely available without mandatory restricted access. The female presenters dress and behave in a sexually provocative way while encouraging viewers to contact premium rate phone services.

The licences for Sport XXX Girls, Northern Birds and Essex Babes are all held by Satellite Entertainment Limited (SEL).

Ofcom received a  [somehow unspecified] number of complaints about the content listed above. The complainants were concerned about the level of sexual content which they considered was capable of causing offence.

Eg Office Girls, Sport XXX Girls, 5 April 2011, 22:00 to 23:00

The female presenter was wearing a black thong, black fishnet stockings and a white bra. During the broadcast she adopted various sexual positions. While positioned lying on a desk on her side with her legs wide open to camera, she revealed her outer genital area. In this position she thrust forwards to camera and bunched her thong tightly against her genitals to reveal her labia. The presenter was also positioned with her buttocks to camera. While in this position she thrust her buttocks to show anal detail. The images broadcast were prolonged

Ofcom considered:

• BCAP Code Rule 4.2 states: Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards
• BCAP Code Rule 32.3 states: Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.
• Licence Condition 11: the Licensee shall adopt procedures acceptable to Ofcom for the retention and production of recordings in sound and vision of any programme which is the subject matter of a Standards Complaint

Ofcom also quoted their censorship rules for post watershed babe channels:

• at no time broadcast invasive shots of presenters? bodies. Ofcom cautions against physically intrusive, intimate shots of any duration; and against less intrusive shots that may become unacceptable by virtue of their being prolonged;
• at no time broadcast anal, labial or genital areas or broadcast images of presenters touching their genital or anal areas either with their hand or an object;
• ensure that presenters? clothing adequately covers their anal, labial or genital areas. They should also avoid adjusting their clothing (including clutching or bunching) which results in anal, labial or genital areas being exposed;
• at no time include shots of presenters spitting onto their or others? bodies, or include shots of presenters using other liquids, such as oil and lotions, on their genital or anal areas; or
• at no time broadcast shots of presenters using liquids of a sort or in a way which suggests the liquid is ejaculate

Ofcom Decision: In Breach of their rules

In Ofcom?s view the sexual images included in all these broadcasts were strong and capable of causing offence (although some were relatively stronger than others). In all cases the content included material that is clearly inconsistent with Ofcom's censorship rules.

Ofcom was additionally concerned that the Licensee did not provide Ofcom with any comments to explain how the material complied with the BCAP Code and published Guidance, nor did it inform Ofcom of any steps taken to improve compliance.

In addition, Ofcom sought comments regarding the quality of the recordings supplied to the regulator by the Licensee. SEL stated it would look into the issue of the quality of the recordings supplied as a matter of urgency. SEL however failed by the deadline set to provide any further recordings to Ofcom that Ofcom considered were of broadcast quality and also no provided no explanation as to the reason for this failure. Consequently, the Licensee is also in breach of Condition 11 of its Licence for failing to have acceptable procedures in place to provide recordings of broadcast quality.

Ofcom has stated that it will not tolerate serious and/or repeated breaches of the BCAP Code in this area by services operating in the sector of daytime and adult chat and will not hesitate to take robust enforcement action where necessary. In the breach finding against SEL published in Broadcast Bulletin 185, Ofcom warned SEL that we would not expect further breaches of the BCAP Code to occur again. In light of the serious and repeated Code breaches recorded in this finding SEL is put on notice that these present contraventions of the BCAP Code are being considered by Ofcom for statutory sanction

Get Lucky TV, 10 April 2011, 22:00 to 22:20

Get Lucky TV is a babe channel on Sky channel 909. Get Lucky TV is owned and operated by Grandiose Ltd.

As a result of Ofcom?s continuing concerns about compliance in this sector, Ofcom conducts occasional monitoring of adult chat channels.

In this case, Ofcom noted that between 22:00 and 22:20 the broadcast showed a female presenter wearing a white crop shirt, short tartan skirt and white skimpy thong underneath, knee high white socks and black stiletto shoes. As 22:04 the presenter removed her top and bra. During the broadcast the presenter was shown, for prolonged periods of time: lying on her front, side and back, all with her legs wide open to camera. While in these positions the camera was focused on the presenter's genital and anal area for prolonged periods of time and her outer genital and anal area were shown in close up. While in these positions she was also shown repeatedly thrusting her hips and buttocks and lightly touching around her genital area.

Ofcom considered BCAP Code Rule 4.2 which states:

Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards.

Ofcom also noted their own censorship rules:

• at no time broadcast invasive shots of presenters' bodies. Ofcom cautions against physically intrusive, intimate shots of any duration; and against less intrusive shots that may become unacceptable by virtue of their being prolonged
• at no time broadcast anal, labial or genital areas or broadcast images of presenters touching their genital or anal areas either with their hand or an object

Grandiose said that the content was in conformity with Ofcom guidance and would not cause serious or widespread offence . It stated that the material was broadcast after 22:00 on an appropriately licensed channel within the adult section of the Sky EPG and said that on more than one occasion the presenter emphasised that the content was adult in nature [and] that they [viewers] needed to be over the age of 18.

The Licensee said that there were no physically intrusive or unduly prolonged shots and on average, a period of 2 minutes would elapse before the presenter altered position. It also said that no anal or genital detail was revealed and the presenters' pants, which substantially covered her genital area, remained on. The licensee added that the only close up shot was when the camera panned to the presenter's face and the presenter was careful not to be seen to touching her genital or anal area.

Ofcom Decision: In Breach of Rule 4.2

In Ofcom's view the sexual images included in this broadcast were strong and capable of causing offence. The presenter was wearing a revealing thong and during the broadcast she was shown in various sexual positions. The presenter repeatedly positioned her legs wide apart to camera, and while doing so her genital and anal area were shown in close up. As a consequence the broadcast included some very intrusive images. As set out above, Ofcom guidance cautions against physically intrusive, intimate shots of any duration. Further, some of these intrusive images of the presenter's crotch area were shown for up to two minutes, and therefore, in our view, they were also shown for prolonged periods of time. These strong images were also combined with images of the presenter repeatedly thrusting her buttocks and pelvis as though miming sexual intercourse, and miming masturbation by touching around her genital area.

In this case, given the content included prolonged and frequent scenes of a sexual nature (provided for the purpose of sexual arousal), the location of the channel in the adult section of the EPG was not sufficient to ensure that serious or widespread offence against generally accepted standards was not caused by this content. Ofcom was concerned at the degree of offence likely to be caused to viewers who might come across this material unawares.

Taking into account the factors above, Ofcom has concluded that relevant scheduling restrictions were not applied so as to ensure that the material which was broadcast was not capable of causing serious or widespread offence against generally accepted moral, social or cultural standards. Specifically, this material should not have been broadcast within the context of adult chat advertisements that were freely available without mandatory restricted access. Therefore Ofcom concluded that this material breached Rule 4.2 of the BCAP Code.

Bluebird Daytime TV
Babeworld TV, 14 April 2011, 13:45 to 14:45

Bluebird Daytime TV is a programme on the babe channel, Babeworld TV (Sky channel number 908). The service is available freely without mandatory restricted access.

Ofcom received a complaint about the above broadcast. The complainant said that he was shocked to see a girl on a daytime babe phone-in channel adopting sexually explicit positions and facial mannerisms . The complainant added that broadcasts like this should only be shown after the watershed not in the daytime when children can easily see them .

The female presenter was wearing a cropped black bra top, high cut latex red hot pants (which revealed a significant proportion of her buttocks) and black stiletto shoes. During most of the broadcast she was shown lying on her stomach (side on) with her legs open (away from camera). The presenter was also shown: repeatedly gyrating and rocking her buttocks while her legs were open; repeatedly stroking her legs and buttocks and occasionally her breasts; and licking her lips. The broadcast also included six shots of the camera panning up and down the presenter's legs, with close up shots of the presenter's buttocks.

Ofcom considered Rule 32.3 of the BCAP Code:

• Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.

Babeworld TV said that:

this genre of content has received widespread publicity over the years and it would be reasonable to say that most Sky subscribers, if not all of them, would be well aware of the adult section and the content they could and actually expect to find there. It added that any Sky subscriber who has concerns over a minor accessing the adult channels is easily able to block this section.

It is certainly not our intention to provide content of a sexual nature. We were aiming to provide content that was light hearted and possibly flirtatious… Babeworld TV said that it did not consider the material in breach of the BCAP Code as we were not advertising a sexual service.

Ofcom Decision: Breach of rule 32.3

Ofcom guidance explicitly states that daytime chat broadcasters should:

• ensure that presenters are wearing appropriate clothing, that adequately covers their bodies, in particular their breasts, genital areas and buttocks;
• not broadcast images of presenters touching or stroking their bodies in a suggestive manner;
• not broadcast images of presenters mimicking sexual intercourse by rocking and thrusting their bodies, or otherwise adopting sexual poses.

In Ofcom's view, the revealing clothing, the sexual position held for relatively prolonged periods and repeated actions of the presenter were intended to be sexually provocative in nature and the broadcast of such sexualised content was inappropriate to advertise daytime chat. In light of this behaviour and imagery, Ofcom concluded that under BCAP Code Rule 32.3 the material included in these daytime broadcasts was clearly unsuitable for children.

Breach of BCAP Code Rule 32.3

Elite Nights
Elite TV 2 March-April 2011, late night

Elite Nights is a babe channel on Sky channel 914. The service Elite TV 2 is owned and operated by Over 18 TV.

As a result of Ofcom's continuing concerns about compliance in this sector, Ofcom conducts occasional monitoring of adult chat channels. In these cases, Ofcom noted that the broadcasts contained the following content.

Elite Nights, Elite TV 2 (Channel 914), 19 March 2011, 00:27 to 00:46

The female presenter was wearing a revealing black thong which she removed at 00:40 so that she was naked. During the broadcast (and before she removed her thong) she was shown in various positions for prolonged periods of time, including: lying on her front with her legs open to camera; straddled over a bench with her buttocks to camera; lying on her back with her legs open and at times pulled back towards her head; and bent over a bench with her buttocks towards camera. After the presenter removed her thong she was shown lying on her back with her legs apart and away from camera. While in these positions the presenter was shown pouring and massaging oil onto her breasts, buttocks and legs. She was also shown dribbling oil over her anal area (on top of her thong). The broadcast included images of the presenter repeatedly and heavily thrusting her buttocks for relatively prolonged periods of time, and very close up shots between the presenter's legs. Due to the skimpy underwear she was wearing her outer genital area was shown. While the presenter was naked she was shown turning over and her anus was briefly shown.

Elite Nights, Elite TV 2 (Channel 914), 10 April 2011, 22:17 to 22:55

The female presenter was wearing a white lace body and white fishnet stockings. At various points during the broadcast the presenter was standing over the camera with her legs open. This resulted in a number of prolonged shots between the presenter's legs. The presenter was also shown in various other positions for prolonged periods of time, such as: bending over on all fours with her buttocks to camera; and lying on her back with her legs open to camera. While in these positions viewers were shown very close up and frequent images of the presenter's crotch area, often for prolonged periods of time. She was also shown touching and rubbing around her genital and anal area for prolonged periods of time.

Ofcom considered  BCAP Code Rule 4.2 which states:

Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards.

Ofcom also noted their own censorship rules:

• at no time broadcast invasive shots of presenters' bodies. Ofcom cautions against physically intrusive, intimate shots of any duration; and against less intrusive shots that may become unacceptable by virtue of their being prolonged
• at no time broadcast anal, labial or genital areas or broadcast images of presenters touching their genital or anal areas either with their hand or an object
• at no time include shots of presenters spitting onto their or others' bodies, or include shots of presenters using other liquids, such as oil and lotions, on their genital or anal areas.

The Licensee said that has made great efforts to ensure our nighttime content meets the applicable standards . It said that measures it has taken include: banning the use of hand-held camera work ; instructing presenters to be appropriately clothed and limit movements to those of a less sexualised style than previously practiced ; and the implementation of a new internal compliance monitoring system. We now have a fully trained member of staff monitoring all of our channels 24 hours a day .

The Licensee said that the material above broadly complied with Ofcom guidance, however it accepted that there are some instances of overly intrusive camera work and, on occasions, the content appears on the outer edges of what could be considered acceptable . It said however that in relation to both broadcasts, despite the shortcomings, which we accept, we feel that, on the whole, the material is highly unlikely to 'cause serious or widespread offence' .

Ofcom Decision: In Breach of Rule 4.2

The content included in the two broadcasts included prolonged and frequent scenes of a sexual nature (provided for the purpose of sexual arousal), the location of the channel in the adult section of the EPG was not sufficient to ensure that serious or widespread offence against generally accepted standards was not caused by this content. Ofcom was concerned at the degree of offence likely to be caused to viewers who might come across this material unawares.

Taking into account the factors above, Ofcom has concluded that relevant scheduling restrictions were not applied so as to ensure that the material which was broadcast was not capable of causing serious or widespread offence against generally accepted moral, social or cultural standards. Specifically, this material should not have been broadcast within the context of adult chat advertisements that were freely available without mandatory restricted access. Therefore Ofcom concluded that this material included in the two broadcasts breached Rule 4.2 of the BCAP Code.

Ofcom considers that these breaches of the BCAP Code are serious and significant. Ofcom has taken several steps to ensure that Licensees are fully aware that the material broadcast on adult chat services is suitable for broadcast without mandatory restricted access. This has included publishing decisions Ofcom has made in this area on the Ofcom website, meeting with Licensees operating in this sector and most notably issuing Guidance. Consequently, these breaches will be held on the Licensee?s compliance record and we will consider further regulatory action should further similar breaches be recorded.

Northern Birds SportXXX1, 12 March 2011, 21:30 to 22:00 and 13 March 2011, 01:00 to 01.20
Asian Babes, Live XXXBabes, 14 March 2011, 00:00

Northern Birds and Asian Babes are free to air babe channels. The female presenter dress and behave in a sexually provocative way while encouraging viewers to contact premium rate phone numbers.

The licences for both the Northern Birds and Live XXX Babes services are held by Satellite Entertainment Ltd. SEL is responsible for the compliance of the Asian Babes content broadcast on the LiveXXXBabes service.

Ofcom received two complaints about content broadcast on Northern Birds and Live XXX Babes. The complainants were concerned about sexual content capable of causing offence.

On viewing the recordings provided by the Licensee, Ofcom noted that the quality was very poor and was of the view that it was not of broadcast quality.

Ofcom considered that this material raised issues under BCAP Code Rule 4.2 which states:

Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards.

In addition, Condition 11 of the Television Licensable Content Service (TLCS) licence states:

… the Licensee shall: make and retain or arrange for the retention of a recording in sound and vision of every programme included in the Licensed Service for a period of 60 days from the date of its inclusion therein;  and, in addition, the TLCS Guidance Notes for Licence Applicants requires the Licensee to ensure: recordings must be of a standard and in a format which allows Ofcom to view the material as broadcast 2

Ofcom published detailed Guidance on the advertising of telecommunications-based sexual entertainment services eg:

• at no time broadcast invasive shots of presenters' bodies. Ofcom cautions against physically intrusive, intimate shots of any duration; and against less intrusive shots that may become unacceptable by virtue of their being prolonged; and
• at no time broadcast anal, labial or genital areas or broadcast images of presenters touching their genital or anal areas either with their hand or an object

Ofcom Decision: Northern Birds, SportXXX1

Ofcom noted that at 21:30, when the presenter was positioned with her legs open to the camera, her labia were visible. This was because the item of clothing worn consisted only of a very thin strip of fabric. In addition, during the broadcast from 21:30, when the presenter thrust her buttocks to camera, she revealed further labial detail and also her anal area.

Ofcom also noted that during the material broadcast at 21:30, whilst the presenter was positioned with her legs open to camera revealing her labia, she stroked and rubbed her genital area with her hand so as to mime masturbation. These images were shown for prolonged periods of time.

During the later broadcast at 01:00, Ofcom noted that the presenter was initially naked and used her hand to cover her genital and anal area whilst she adopted various sexual positions. Whilst covering her genital area, she used her hand to apply firm pressure on her genitals as she thrust her hips backwards and forwards to mime masturbation. Ofcom was particularly concerned that later images of the presenter massaging her genital area and pulling the thin strip of fabric tightly over her vagina to reveal her labia were extremely intrusive, filling the entire screen for prolonged periods of time.

In Ofcom's view the sexual images included in these broadcasts were strong and capable of causing offence. In both cases the broadcasts included material that is explicitly prohibited under Ofcom's guidance, as set out above. Both broadcasts therefore contained material which raised issues under BCAP Code Rule 4.2.

Specifically, this material should not have been broadcast within the context of adult chat advertisements that were freely available without mandatory restricted access. Therefore, Ofcom concluded that the material breached Rule 4.2 of the BCAP Code

Ofcom Decision: Asian Babes, Live XXX Babes

Ofcom noted that one of the presenters, who was wearing a black thong, lay on her side and opened her legs full to camera. In this position she stroked and lightly massaged her genital area to mime masturbation and revealed labial and anal detail. Whilst positioned with her buttocks to camera, the presenter thrust her body vigorously so as to mime sexual intercourse and revealed anal detail. These positions were adopted for prolonged periods of time.

In Ofcom's view the sexual images included in these broadcasts were strong and capable of causing offence. This material should not have been broadcast within the context of adult chat advertisements that were freely available without mandatory restricted access. Therefore, Ofcom concluded that the material breached Rule 4.2 of the BCAP Code.

Ofcom considers that these breaches of the BCAP Code are serious and significant. Ofcom is also concerned that the Licensee did not provide to Ofcom broadcast quality recordings. Consequently, these breaches will be held on the Licensee's compliance record and we will consider further regulatory action should further similar breaches be recorded.

Programmes: Red Light, Bang Babes, Xplicit, 100% Horny
Channels: Red Light 1, 2, 3 (Sky channels 911,902,948)
Times: 21:00 - 22:00 and after 22:00

Red Light, Bang Babes, Red Light 2, Xplicit, Red light 3, and 100% Horny are segments of televised interactive adult sex chat advertisement babe channels broadcast on the services Red Light 1, Red Light 2 and Red Light 3.

These three services are available freely without mandatory restricted access on Sky channel numbers 911, 902 and 948 respectively. These services are in the adult section of the Sky Electronic Programme Guide ( Sky EPG ). Viewers are invited to contact onscreen female presenters via premium rate telephony services ( PRS ). The female presenters dress and behave in a sexually provocative way while encouraging viewers to contact the PRS numbers.

The licence for Red Light 1 is owned and operated by Just4Us; and the licences for Red Light 2 and Red Light 3 are owned and operated by Playboy TV. Just4Us is a wholly owned subsidiary of Playboy TV.

Ofcom received a complaint about the content listed above. In summary the complainant considered the material was becoming more and more sexually explicit and is clearly way beyond what could be deemed acceptable .

An example from Red Light 1 of clearly way beyond what could be deemed acceptable :

The naked female presenter was shown spitting onto her breasts, wiping saliva onto her buttocks and letting saliva drip onto her genital area. The broadcast also Ofcom Broadcast Bulletin, Issue 185 4 July 2011 12 included images of the presenter: rubbing oil all over her body, particularly onto her breasts; pouring oil onto her buttocks; adopting sexual positions, such as on her back with her legs wide open to camera; mimicking sexual intercourse; mimicking oral sex on a man using her fingers; and gyrating her hips whilst applying pressure with her cupped hand to cover her genital area. During the broadcast the presenter was also shown using the telephone to cover her genital area.

Ofcom considered:

• BCAP advertising Code Rule 4.2 states: Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards.
• BCAP advertising Code Rule 32.3 states: Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.

Playboy TV explained that although most of these programmes were examined under Rule 4.2 of the BCAP Code, there is no evidence to suggest that serious or widespread offence was caused by any of these broadcasts, in fact quite the opposite. Ofcom monitoring or a solitary public or competitor complaint were the sole instigators of these enquiries .

It added However, we recognise there are always areas for improvement and there are a few which have been identified here, specifically the labial detail, which we had previously construed to mean rather more detail than we were permitting. However, as mentioned above, a change of underwear type will prevent this reoccurring, and also lead to a reduction of an intrusive feel to shots. The incidents of saliva dripping and spitting are limited, but will be eradicated from future broadcasts .

Ofcom re-iterated some of their censorship rules:

• at no time broadcast invasive shots of presenters' bodies. Ofcom cautions against physically intrusive, intimate shots of any duration; and against less intrusive shots that may become unacceptable by virtue of their being prolonged;
• at no time broadcast anal, labial or genital areas or broadcast images of presenters touching their genital or anal areas either with their hand or an object;
• ensure that presenters' clothing adequately covers their anal, labial or genital areas. They should also avoid adjusting their clothing (including clutching or bunching) which results in anal, labial or genital areas being exposed;
• at no time include shots of presenters spitting onto their or others' bodies, or include shots of presenters using other liquids, such as oil and lotions, on their genital or anal areas.
• at no time broadcast shots of presenters using liquids of a sort or in a way which suggests the liquid is ejaculate

Ofcom Decision: Breach of rules 4.2 & 32.3

The examples highlighted above include images that are not permitted in adult chat broadcast advertisements that are freely available without mandatory restricted access. Ofcom noted that in conjunction with those images the presenters performed various other actions including: stroking their bodies; gyrating their hips; massaging oil into their breasts; and mimicking sexual intercourse. The combination of these images and action resulted in strong sexual material.

Given the content included prolonged and frequent scenes of a strong sexual nature, the location of the channel in the adult section of the EPG was not sufficient to ensure serious or widespread offence against generally accepted standards was not caused. This was regardless of the fact the content was shown between the hours of 22:00 and 01:00.Ofcom was also concerned at the degree of offence likely to be caused to viewers who might come across this material unawares. Taking into account the factors above, Ofcom has concluded that relevant scheduling restrictions were not applied so as to ensure that the material which was broadcast was not capable of causing serious or widespread offence against generally accepted moral, social or cultural standards. Specifically, this material should not have been broadcast within the context of adult chat advertisements that were freely available without mandatory restricted access.

Therefore Ofcom concluded that this material breached Rule 4.2 of the BCAP Code

Ofcom also concluded that the material shown between 9 and 10pm was not suitable for this hour and therefore breached Rule 32.3 of the BCAP Code.

In light of the serious and repeated Code breaches recorded in this finding, and other breach findings recently recorded against Playboy complied material, Playboy TV and Just4us Limited are put on notice that these present contraventions of the BCAP Code are being considered by Ofcom for statutory sanction.

Ofcom have fined Satellite Entertainment Limited (SEL) £ 90,000. SEL hold the licences for 3 babe channels that have 'offended' the TV censor.

The fines were for censorship breaches by Essex Babes, Northern Birds and Live XXX Babes

Ofcom found that on nine occasions the SEL had failed to provide recordings of programmes to Ofcom (in breach of licensing condition 11).

informationoverlord.co.uk report that during this period SEL had rented the channel to a 3rd party who then dealt directly with Ofcom.

When SEL became aware of compliance problems by the company it terminated its agreement with the company.

Ofcom's sanctions Committee were said to be very concerned that SEL had lost control of its services to a third party, but said that ultimately SEL as the licensee is still the party that has responsibility for compliance.

Red Light Central
Extreme,
23 February 2011, 21:00 to 21:50

Red Light Central is televised interactive adult sex chat programme broadcast on the service Extreme, which is available free to air on Sky channel number 916. The licence for this service is owned and operated by Playboy UK TV Limited

Ofcom received a complaint about alleged inappropriate adult content broadcast at various times between 21:00 and 21:50 on 23 February 2011. The complainant considered the content was highly sexualised and that the presenter was miming sexual intercourse and oral sex and considered such material was more appropriate after 22:00.

Ofcom noted the female presenter was wearing red fishnet stockings, red bra and thong, black knee high leather boots, a short black leather skirt hitched up around her waist and a denim waistcoat. On several occasions between 21:00 and 21:30, and throughout the remainder of the broadcast, the presenter knelt on all fours with her buttocks pointing upwards and towards the camera but at an angle, and lay on her back with her legs open to camera. While in these positions she gyrated her hips in a sexual manner so as to mimic sexual intercourse and at times her genital area was not adequately covered. She also stroked her thighs and breasts, opened her mouth in a sexual rather than flirtatious manner, and briefly mimed oral sex.

Ofcom therefore considered whether this material raised issues under Rule 32.3 of the BCAP Code:

• Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.

Ofcom Decision: Breach of BCAP Code Rule 32.3

In the context of broadcasts on television of material soon after the 21:00 watershed, Rule 32.3 of the BCAP Code is substantially equivalent to Rule 1.6 of the Broadcasting Code. Rule 1.6 provides that:

The transition to more adult material must not be unduly abrupt at the watershed (in the case of television)… For television, the strongest material should appear later in the schedule.

In Ofcom's view, the revealing clothing and repeated actions and sexual positions and actions of the presenter were intended to be sexually provocative in nature. In light of this behaviour and imagery, Ofcom concluded that under BCAP Code Rule 32.3, this material was clearly unsuitable for children.

Ofcom then considered under BCAP Code Rule 32.3 whether relevant timing or scheduling restrictions had been applied by Playboy TV to this broadcast. Ofcom took account of the fact that the Extreme channel is in the adult section of the Sky EPG.  In Ofcom's opinion, viewers (and in particular parents) would not expect such material to be broadcast so soon after 21:00. Further, the broadcast of such relatively strong sexualised content was inappropriate to advertise adult sex chat so soon after the 21:00 watershed.

This broadcast was therefore in breach of BCAP Code Rule 32.3.

Ofcom has banned four TV channels owned by Bang Channels and Bang Media following serious and repeated breaches of Ofcom's censorship rules in its Broadcasting Code.

The licensees have been revoked for the following services:

• Tease Me on Sky satellite
• Tease Me TV on Freeview digital TV
• Tease Me 2 on Sky satellite
• Tease Me 3 on Sky satellite

The channels which promote adult chat are broadcast free to air. Viewers are encouraged to contact the onscreen female presenters via premium rate telephony services ( PRS ). During the daytime, the channels are not permitted to promote adult chat services and the material must be suitable for a pre-watershed audience.

Both companies, under common ownership, have repeatedly breached rules which protect children from any sexual material and easily offended viewers from supposedly harmful and offensive material.

Over a sustained period of time the licensees have transmitted content that was too sexual for the time of day or being broadcast unencrypted. A minute amount of the material broadcast was so strong that it would be considered equivalent to BBFC R18 rated material. This is not permitted on British TV – either free-to-air or under encryption. Ofcom has decided that the companies are no longer fit and proper to hold broadcast licences.

In July 2010 Ofcom fined the two companies a total of £157,250 for serious breaches of the Broadcasting Code and other licence conditions. At the time Ofcom warned of a wholly inadequate compliance system that amounted to manifest recklessness and warned that such repeated compliance failures would not be tolerated.

The licencees have repeatedly failed to comply with Ofcom's rules in the last 18 months and over 60 breaches have been recorded.

On 19 November 2010, Ofcom directed the broadcaster to suspend transmission and today the licenses have been revoked.

Ofcom plans to meet all our licensees in this part of the broadcasting sector to ensure that they are quite clear how seriously Ofcom takes its duties in relation to the protection of easily offended television audiences and in particular children.

Ofcom's Director of Standards, Chris Banatvala, said: We want to be very clear that Ofcom are required by Parliament to protect audiences through the Broadcasting Code. We simply will not tolerate serious and repeated breaches of the Code and have therefore decided to revoke these licences. Audiences should be assured that we will continue to take action to stop broadcasters breaching the rules in this area .

A TV ad, for a premium rate telephone service, featured mock documentary footage titled The Bare Tits Project , in a parody of the film, the Blair Witch Project . On-screen text stated In 2009 4 students went out to make a naughty documentary in Epping Forest ... They never returned but the footage was found a year later ... .

The ad showed three women, who were frequently topless, in a woodland setting. Text on-screen throughout the ad stated TXT HOT TO 69912 £1.50 per text and CALL NOW! 0982 923 XXXX . The women invited viewers to get in touch ... if you want to talk to some really naughty girls, call the number on the screen now .

1. A viewer, who saw the ad at 6.40am on Tease Me 2, challenged whether the nudity in the ad was offensive, particularly given the time of day at which it was broadcast.

2. The ASA challenged whether the premium rate service was of a sexually explicit nature and therefore whether it should have been broadcast only on an encrypted element of an adult entertainment channel.

Response

1. Tease Me 2 said the ad was broadcast unintentionally due to an operator error and was not scheduled to air outside of the watershed. They accepted that nudity outside of the watershed could sometimes cause offence to some viewers but nevertheless pointed out that the ad was broadcast on a clearly signposted adult entertainment channel in the Adult Section of the Sky Electronic Programme Guide (EPG). Tease Me 2 therefore disagreed that the ad was likely to cause serious or widespread offence or that the depiction of nudity contravened any generally accepted moral, social or cultural standards.

2. Tease Me 2 said the ad was a 15-minute teleshopping broadcast which was clearly distinguishable from editorial content and bore a banner stating that it was a commercial presentation. Their in-house compliance team passed the promotion for broadcast on the understanding that the rules for the promotion of premium rate services (PRS) had changed after the Third Consultation on Participation Television. They said the ad was discontinued after it became clear that the changes to the rules, although announced by Ofcom, did not come into effect until September 2010 and had not been broadcast since.

Assessment: 1. & 2. Upheld

The ASA noted the ad had been broadcast, in May 2010, before the watershed in error and that it appeared in the Adult Section of the EPG. We considered that the imagery and premium rate contact number suggested that the service promoted was of a sexual nature. We considered that some viewers were likely to be offended by it but that the offence was unlikely to be serious or widespread if appropriately scheduled. We nevertheless noted the viewer had seen the ad in the morning and furthermore, the channel was unencrypted. For those reasons, we considered that the content of the ad was likely to cause serious or widespread offence and, because it was a premium rate text service of a sexual nature, should have been restricted to encrypted elements of adult entertainment channels.

The ad must not be broadcast again in its current form, unless it is shown on encrypted elements of adult entertainment channels.

The TV censor Ofcom has fined Bang Channels Limited and Bang Media (London) Limited for the broadcast of free to air 'babe channel' programmes between June 2009 and November 2009,

Bang Channels Limited was fined for programmes on Tease Me, Tease Me 2, Tease Me 3. Bang Media (London) Limited  was fined for programmes on Tease Me TV For breaches of Ofcom's 2005 Broadcasting Code in respect of:

• Rule 1.3: Children must also be protected by appropriate scheduling from material that is unsuitable for them
• Rule 1.24: Premium subscription services and pay per view/night services may broadcast adult-sex. material between 2200 and 0530 provided that in addition to other protections mentioned above: . there is a mandatory PIN protected encryption system, or other equivalent protection, that seeks satisfactorily to restrict access solely to those authorised to view; and there are measures in place that ensure that the subscriber is an adult.
• Rule 2.1: Generally accepted standards must be applied to the contents of television and radio services so as to provide adequate protection for members of the public from the inclusion in such services of harmful and/or offensive material
• Rule 2.3: In applying generally accepted standards broadcasters must ensure that material which may cause offence is justified by the context…Such material may include, but is not limited to, …sex… .

Having considered all facts and arguments put before it the Sanctions Committee deemed sanctions totalling £157,250 to be appropriate, the Committee wishes to emphasise that it views the broadcast of inappropriate explicit material – such as that forming the basis of this Decision – with the utmost seriousness. In this instance, the Committee concluded that the Licensees had been operating a wholly inadequate compliance system. The Committee considered this inadequate compliance to amount to manifest recklessness. This recklessness therefore informed the Committee's judgment of appropriate sanctions.

The Ofcom Executive investigated a number of programmes broadcast on the channels operated by the Licensees and found 13 programmes broadcast on channels operated by Bang Channels to have breached the Code and one programme broadcast on the channel operated by Bang Media to have breached the Code. The Ofcom Executive also found each of Bang Channels and Bang Media to have breached Licence Condition 11 of their respective licences by failing to provide forthwith full recordings of programmes upon request by Ofcom

In summary, the material found in breach related to unsuitable adult material, shown for the sole purpose of sexual stimulation. Some footage contained inappropriate explicit sexual imagery including intrusive images of, simulated masturbation and oral sex, genital and anal detail. In some cases, the material was considered to be of such strength that it was only suitable for transmission with mandatory restrictions (e.g. under PIN encryption). In one programme, in particular, the material was of such strength that it was considered to be equivalent of BBFC R18.7. 9.

There were further breaches relating to daytime chat. In these cases, the broadcaster transmitted material which was considered to be unsuitable for pre-watershed viewing in that the content was inappropriately and overtly sexual.

A new Ofcom watching blog has sprung into life at Wordpress. It introduces itself:

OFWATCH has been set up to monitor the actions of the numerous quangos that hinder out daily lives. It aims to expose the malpractice and injustice of these organisations whenever possible. OFWATCH poses the question why should the British taxpayer have to put up with such poor treatment?

And  starts off with a good rumour:

OFWATCH has received sketchy information that a Babe Channel (currently transmitting on Astra at 28E) is to launch a UK aimed service from another Euro satellite and also via the internet.

The decision is thought to come about following the continued hardening of Ofcom policy on soft erotic entertainment broadcasts.

More information will be posted on ofwatch.wordpress.com as it becomes available.

Ofcom have been fined Portland Enterprises Ltd £27,500 for showing a little hardcore female masturbation in a programme Bathroom Bitches on its softcore TVX 2 channel.

But BobB points out that something is going on between Ofcon and the Satellite broadcasters! The program that supposedly breached the code, and attracted these fines, is still being regularly shown on TVX/Redhot (with no cuts from the original showing)

One would imagine that only an idiot would continue to broadcast a program for which they have already been fined.

Shaun asks: I'd like to know who these morons are, that subscribe to the Sky platform's "porn" channels (if you can call them that) and then complain about the fact that what they see on the screen is pornographic...

To be honest I care very little about the issue these days. The broadcasters are pandering to Ofcom instead of fighting their cause. Their subscribers are gullible into paying for such rubbish when there's more adult material than ever available from all kind of sources online, and other satellites...

Ofcom, the adult broadcasters and the gullible subscribers all deserve each other really.

Not So Red Hot Channels

Ofcom have fined RHF Productions Ltd £25,000 for broadcasting the URLs of websites that feature hardcore teasers without an age verification mechanism. The softcore pay per view channels were broadcasting the links between 21 July 2008 and 28 August 2008.

Ofcom considered:

• Rule 1.2: In the provision of services, broadcasters must take all reasonable steps to protect people under eighteen
• Rule 1.3: Children must also be protected by appropriate scheduling from material that is unsuitable for them
• Rule 2.1: Generally accepted standards must be applied to the contents of television and radio services so as to provide adequate protection for members of the public from the inclusion in such services of harmful and/or offensive material
• Rule 2.3: In applying generally accepted standards broadcasters must ensure that material which may cause offence is justified by the context…Such material may include, but is not limited to, offensive language…[and] sex….

In Broadcast Bulletin 114 dated 21 July 2008, Ofcom published a breach Finding against RHF. Free-to-air trailers broadcast in February 2008 on Red Hot TV which included verbal and on-screen text references to RHF’s website address www.redhottv.co.uk and Portland Enterprises’ website address www.televisionx.co.uk.

The websites to which the Website URLs led, featured content equivalent to BBFC R18-rated material which could be viewed without registration. As a result, it was the responsibility of all Licensees (including RHF) to take all appropriate and immediate steps to comply with the Code.

On 14 August 2008, Ofcom were again alerted to the offending Website URLs. The Website URLs led to websites which, although they included a warning on their front page, contained extremely explicit sexual material (equivalent to BBFC R18-rated material). This did not require registration to view and could be seen by under-eighteens.

On being contacted by Ofcom on 28 August 2008, however, RHF took immediate steps to ensure the removal of the Website URLs from the Red Hot Channels. This was achieved on 28 August 2008.

Ofcom noted that whilst the content of the websites, to which the Website URLs led, was not broadcast material, and therefore not subject to the Code, the on-air references to the Website URLs were clearly broadcast content and must comply with the Code. The on-air references to the Website URLs did not comply with the Code because they led users to websites allowing unrestricted access to R18-rated equivalent material.

Television Not So X 2

Ofcom have fined Portland Enterprises Ltd £27,500 for showing a little hardcore female masturbation on its softcore TVX 2 channel.

Ofcom considered:

• Rule 1.25: BBFC R18-rated films or their equivalent must not be broadcast

Ofcom received a complaint that the programme Bathroom Bitches broadcast on Television X2 (TVX2) on 4 September 2008 at 21:53, although encrypted, contained R18 equivalent material. The Programme included prolonged and explicit scenes of a woman masturbating, some of which were shown in close-up and depicted vaginal penetration using a dildo. Ofcom considered that the content broadcast was equivalent to BBFC R18-rated material because of the sexual explicitness detailed above.

Portland Compliance admitted the Code breach stating that: Regrettably, the programme contained such footage [R18-rated equivalent material] . Ofcom therefore recorded a breach of Rule 1.25 (R18-rated equivalent material must not be broadcast) against Portland Enterprises for transmitting the Programme.

Ofcom considered that lthough encrypted, the equivalent of R18-rated material (namely images of actual vaginal penetration) has the potential to cause harm to under-eighteens and children in particular.