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.

Northern Birds, Essex Babes, Sportxxx Girls, and Livexxx Babes
24 September to 8 February 2013, various times throughout the day

The services all transmit interactive daytime chat and adult chat advertising content. These services are freely available without mandatory restricted access and are situated in the adult section of the electronic programme guide of the Sky digital satellite platform ( 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 licencesare all held by Satellite Entertainment Limited ( SEL ).

Ofcom received a complaint that, throughout the day and across all these channels, on-screen references were made to the website bluebird.tv by means of a graphic giving the URL of the website positioned in the bottom left-hand corner of the screen. The complainant said that on accessing the website there were no access restrictions, and that users were directed to freely accessible R18 equivalent content by clicking on any number of links .

From Ofcom's examination of the broadcast material, it appeared that no verbal references to the website URL were made by the presenters.

The bluebird.tv website consisted of a homepage containing a number of tab-style links to Bluebird branded content. There were no access restrictions other than responding OK to a pop-up box on first visiting the site to confirm that the user was over 18 years of age.

Ofcom observed that this website contained explicit pornographic material (equivalent to the British Board of Film Classification ( BBFC ) R18-rated content 1 ). Registration and age verification by means of using a credit card (holders must be over 18 years of age) was only required if the user wished to become a member of the premium Bluebird service.

Two types of explicit pornographic material could be accessed and viewed from the Bluebird Films homepage.

The first type, on initially accessing the Bluebird Films website, consisted of an embedded video player positioned in the centre of the screen, which automatically played a video clip. The player showed a 50-second video clip, the first 30 seconds of which featured edited glamour shots of scantily clad or naked women, kissing, touching and posing in an erotic way. The final 20 seconds of the clip, however, featured explicit sexual material involving shots of oral sex, vaginal penetration, and the use of sex toys for sexual stimulation or penetration some of which were in close-up.

The second type of pornographic material was accessible at the bottom of the page and consisted of 17 photographic hyperlinks under the heading Bluebird Films Hot Movies . These links promoted pornographic films that could be viewed in full by purchasing premium Bluebird membership or by purchasing the associated DVD product (from the Buy DVD's [sic] tab positioned at the top of the page). Clicking on these photographic hyperlinks led the user through to teaser videos, each between about one and two minutes in length, promoting the full film to which the photographic hyperlink corresponded. These teaser videos featured explicit sexual material including vaginal penetration, oral sex, and masturbation some of which was again in close-up.

Ofcom considered BCAP Code Rule 30.3, which states:

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

[After an initial approach from Ofcom the company reorganised the website so that the first website which would be accessed by viewers does not contain adult material itself but links though to another related website that does. Ofcom judged that this technique does not circumvent the ban on links to porn sites].

Ofcom Conclusion: Brach of Rule 30.3

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 is particularly concerned that the Licensee in these instances broadcast, for extended periods both during daytime and immediately after the watershed when children were available to view (some unaccompanied), on-screen references to a website which led to R18 equivalent material without any access restrictions.

Ofcom therefore puts the Licensee on notice that it will consider these breaches for the imposition of a statutory sanction.

Breaches of BCAP Code 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

Bluebird Live
Sport XXX Girls (Channel 967), 28/29 August 2011, 23:45 to 00:45
Sport XXX Girls (Channel 967), 29 August 2011, 02:45 to 03:45
Sport XXX Girls (Channel 967), 3/4 September 2011, 23:45 to 00:45

Bluebird 40+
Northern Birds (Channel 954), 29 August 2011, 22:50 to 23:25

Bluebird Live and Bluebird 40+ are segments of interactive adult chat broadcast on free to air babe channels Sport XXX Girls and Northern Birds.

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

A complaint alerted Ofcom to the level of sexual content in the material listed above. Ofcom therefore viewed this content and found:

1. Bluebird Live, Sport XXX Girls, 28/29 August 2011, 23:45 to 00:45 The female presenter was wearing a light blue one piece costume which consisted only of a thin strip of fabric between her legs which covered her vagina but resulted in her outer genital area being exposed. During the broadcast she lay with her legs wide open to camera gently thrusting her hips forward and stroking her upper inner thigh area. Given that this shot of the presenter with her legs wide open remained onscreen for the majority of this broadcast, the material was both invasive and prolonged.

SEL denied that the presenter's outer genital area was exposed, saying that it was covered by her garment. The Licensee also denied that these were prolonged or intrusive images, and asked for further clarification about what Ofcom considered to be invasive about the material.

2. Bluebird Live, Sport XXX Girls, 29 August 2011, 02:45 to 03:45 The presenter wore only a pink lace thong and was filmed with a hand held camera. Throughout the broadcast there were various prolonged and intrusive images filmed, extremely close up and for a duration of time, from directly behind the presenter's buttocks and also between her wide open legs. While being filmed in these positions she thrust her buttocks and hips towards the camera revealing her outer genital area and anal detail.

SEL said there were no prolonged images in the sequence with the potential to cause offence, and asked for Ofcom?s clarification as to how the images were intrusive and prolonged.

3. Bluebird Live, Sport XXX Girls, 3/4 September 2011, 23:45 to 00:45 The female presenter was wearing only a thin white and red thong. For the majority of this broadcast she was positioned on all fours with her buttocks to camera. While in this position her anal and outer genital areas were clearly visible. Given these shots had a duration of several minutes and were in sufficient close up to show anal and outer genital detail they were both prolonged and intrusive.

The Licensee said that the presenter?s garment was clearly covering her genitals , and that for most of the sequence the model was on her stomach with the camera focussing on her face; therefore, SEL failed to see how these images could be in breach of the BCAP Code.

4. Bluebird 40+, Northern Birds, 29 August 2011, 22:50 to 23:25 The presenter wore a black leather look thong composed of a thin strip of fabric only covering her vagina and so revealing her outer genital area. During the broadcast she lay on her back with her legs wide open to camera, and while in this position she gently thrust her hips backwards and forwards. Some particularly intrusive images followed, filmed at close range, when her outer genital area was visible for a prolonged period. In this position she massaged and stroked around her outer genital area.

Ofcom considered this material raised issues warranting investigation under Rule 4.2 of the BCAP Code, which states that:

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

Ofcom Decision: Breach of Rule 4.2 of the BCAP Code

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. Specifically, this material should not have been broadcast within the context of „adult chat? advertising content that was freely available without mandatory restricted access.

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

Ofcom has recently imposed a sanction on the Licensee for a number of serious and repeated breaches of the BCAP Code3 , which led to the imposition of a financial penalty totalling £130,000. These present contraventions of the BCAP Code by SEL are another example of very poor compliance by the Licensee. In the circumstances, Ofcom is considering what further regulatory action is appropriate.

Ofcom has fined Satellite Entertainment Ltd £ 130,000 for being a little bit too sexy for what Ofcom prudes consider acceptable on babe channels.

The fine is in respect of its services Sport XXX Girls, Essex Babes and Northern Birds.

Ofcom considers babe channels to be advertising and censors such channels using advert censorship rules:

• Rule 4.2: Adverts 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

In addition Ofcom whinged at a lack of recordings from the channels and cited their licensing rule:

• Rule 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

The overly sexy programmes were broadcast in the period 5th - 14th April 2011.

Ofcom highlighted a number of examples of broadcast material that were claimed to be clearly inconsistent with the Chat Service Guidance, such as:

• extremely prolonged and close up images of the genital area;
• bunching of underwear to simulate masturbation;
• pouring oil and white cream onto, and massaging it into, the buttocks, anal area and genital area; and
• presenters wearing clothing that did not adequately cover their genital and anal area.

Ofcom noted that in conjunction with those images the presenters performed various other actions including: opening their legs wide to camera; stroking their bodies; thrusting their buttocks; massaging oil into their breasts; and miming sexual intercourse. The combination of these images and action resulted in prolonged and frequent scenes of a strong sexual nature. Ofcom said it was also concerned at the degree of offence likely to be caused to viewers who might come across this material unawares.

Ofcom decided that the Code breaches were serious and repeated, and that the breach of Licence Condition 11 was serious, and therefore a financial penalty should be imposed in accordance with Ofcom's Procedures for the consideration of statutory sanctions.

Ofcom then also considered the level of the fine to be imposed. Having regard to the serious and repeated nature of the breaches of the BCAP Code, the serious nature of the breach of Licence Condition 11 and having regard to the Licensee's representations and Ofcom's Penalty Guidelines, Ofcom decided it was appropriate in the circumstances to impose a financial penalty of £130,000 on SEL.

****Babes
Red Light 1 (Channel 911), 1 September 2011, 00:00 to 01:00
Red Light Central
Red Light 2 (Channel 902), 26 August 2011, 22:32 to 23:00
Red Light 2 (Channel 902), 2 September 2011, 22:55 to 23:05
Red Light 2 (Channel 902), 5 September 2011, 21:03 to 21:35

****Babes and Red Light Central are segments of programming on babe channels Red Light 1 & 2. Playboy TV is the licensee of both channels (albeit via a Just4Us subsidiary for Red Light 1).

Ofcom received two complaints about the content listed above. In summary the complainants were concerned about the level of sexual content which they considered was capable of causing offence and the level of sexual imagery immediately after the watershed.

Ofcom cited several examples of material they considered too sexy, but their main whinge was about:

1. Red Light 1, 1 September 2011, 00:00 to 01:00

The presenter was wearing a black latex thong and red shoes. The broadcast included prolonged images of the presenter adopting sexual positions, such as with her legs wide open to camera, often mimicking sexual intercourse. At various points during the broadcast intrusive images of the presenter's genital area were shown. Approximately 18 minutes into the broadcast, the presenter was shown pouring oil onto her buttocks and anal area and three minutes later spitting onto her fingers and letting the saliva drip down onto her genital area, as if to emulate ejaculate. Throughout the broadcast the presenter was shown touching her outer genital area and massaging oil into her legs and breasts.

Approximately 50 minutes into the broadcast the presenter spoke directly to viewers to encourage further calls:

Come on, bend me over, give me a spank, stretch me open. Do whatever you want. I'm up for it. I want every hole filled up with your dirty, hot, sticky muck. Come on you naughty boys, call me right now .

Predictably Ofcom found the channels to be in breach of the UK Code of Broadcast Advertising (BCAP) 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.

And of course given that Playboy TV have just been fined £110,000, Ofcom have started the ball rolling again with the warning:

Ofcom has recently recorded a number of serious and repeated breaches of the BCAP Code6 against Playboy TV and Just4Us which led to the imposition of a financial penalty totalling £110,000 . These present contraventions of the BCAP Code are another example of poor compliance by the Licensee, particularly with regards to the material broadcast on 1 September 2011 that was of a strong sexual nature. Playboy TV is put on notice that any further similar contraventions of the BCAP Code will be considered for further regulatory action by Ofcom.

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.

Elite Days
Elite TV (Channel 965)
Elite TV 2 (Channel 914)
30 November 2010 - 8 December 2010, 10:00 - 14:00

Elite Nights
Elite TV (Channel 965)
30 November 2010 - 4 January 2011, 21:00 - 01:20

Elite Days is televised daytime interactive chat advertisement programming broadcast on the services Elite TV and Elite TV 2 (Sky channel numbers 965 and 911 respectively). These services are available freely without mandatory restricted access and are situated in the adult section of the Sky electronic programme guide ( EPG ). Viewers are invited to contact onscreen female presenters via premium rate telephony services ( PRS ). The presenters generally dress and behave in a flirtatious manner.

Elite Nights is televised interactive adult sex chat advertisement programming broadcast from 21:00 on the same two services and Sky channels. This service is also available freely without mandatory restricted access and is situated in the adult section of the Sky EPG. Viewers are invited to contact onscreen female presenters via PRS. The female presenters dress and behave in a sexually provocative way while encouraging viewers to contact the PRS numbers.

The service Elite TV is owned and operated by Primetime TV Limited; and Elite TV 2 is owned and operated by Over 18 TV Limited.

Ofcom received complaints about the above broadcasts of Elite Days. In summary the complainants were concerned that these broadcasts showed sexual content that was too strong to transmit before the watershed. In particular, the complainants were concerned that the broadcasts were transmitted at a time when children could have been watching.

Ofcom provided a few exampled of what they were whingeing about eg:

Elite Days, Elite TV (Channel 965), 30 November 2010, 12:00 to 13:15

The female presenter was wearing a black lace body with her black bra and thong visible underneath, and thigh high boots. During the broadcast the presenter sat facing towards camera with her legs wide open for long periods of time. She also: lay on her side with her legs open; positioned her buttocks to camera; repeatedly gyrated her buttocks; and repeatedly stroked her buttocks, inner thigh and breasts. There were also shots panning up and down the presenter's body.

Elite Nights, Elite TV (Channel 965), 30 November 2010, 22:30 to 23:35

Ofcom noted that between 22:30 and 23:00 the female presenter was wearing a revealing black thong which revealed her outer genital area. She was not wearing a top. During the broadcast the presenter was shown, for prolonged periods of time: lying on her back with her legs wide open to camera; lying on her front with her legs apart facing the camera; and kneeling on all fours with her buttocks positioned to camera. While in these positions the presenter forcefully thrust her buttocks for prolonged periods of time towards camera; repeatedly touched around her genital and anal area; and licked her breasts. The broadcast included close up shots of the presenter's genital area.

Ofcom censors babe channels as advertising so considered the advertising BCAP Code Rules:.

• BCAP Code Rule 4.2: Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards.
• BCAP Code Rule 30.3: Television only -- Advertisements for products coming within the recognised character of pornography are permitted behind mandatory restricted access on adult entertainment channels only.
• BCAP Code Rule 30.3.2: Television only -- Advertisements permitted under rules 30.3... must not feature material that comes within the recognised character of pornography before 10.00pm or after 5.30am.
• BCAP Code 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: In Breach

Elite Days

The daytime broadcasts all contained material which raised similar issues under BCAP Code Rule 32.3. All of the broadcasts featured female presenters wearing skimpy and revealing clothing. For example, in all cases the female presenters wore thongs that provided minimal coverage of their buttocks. The presenters were all shown acting in a sexualised manner by repeatedly adopting various sexual positions, such as: kneeling on all fours and positioning their buttocks to camera; sitting and facing the camera with their legs wide open; and lying on their side and back with their legs wide open (away from camera). In some cases the presenters were in these positions for prolonged periods of time. While in these positions, all of the presenters repeatedly: rocked and/or gyrated their buttocks and pelvis as though miming sexual intercourse; touched or shook their breasts; and touched their bodies (including their buttocks and inner thighs) in a sexually provocative manner. In addition, in all cases the broadcasts included shots of the camera panning up and down the presenters' bodies.

In Ofcom's view, the revealing clothing and repeated actions and sexual positions of the presenters were intended to be sexually provocative in nature and the broadcast of such strong 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.

Ofcom then considered under BCAP Code Rule 32.3 whether relevant timing or scheduling restrictions were applied to these broadcasts by the Licensees. Ofcom noted that the services Elite TV and Elite TV 2 are situated in the adult section of the EPG. However, all the broadcasts were transmitted without mandatory access restrictions at various times during the day when children may have been watching television, some unaccompanied by an adult. Taking into account the factors above, Ofcom has concluded that relevant timing and scheduling restrictions were not applied to the broadcasts so as to offer adequate protection to children.

Ofcom also concluded under BCAP Code Rule 4.2 (generally accepted standards) that, given the strong nature of the material as decribed above and inappropriate scheduling of the material during the daytime, it would cause serious or widespread offence against generally accepted moral, social or cultural standards.

Therefore Ofcom concluded that this material breached Rules 4.2 and 32.3 of the BCAP Code.

Elite Nights

In Ofcom's view, the primary purpose of broadcasting this material was clearly sexual arousal. Given the above, the material was, in Ofcom's view, of a very strong sexual nature and would have been considered by viewers to be “within the recognised character of pornography”. The broadcast of this advertising programming, without mandatory restricted access, was therefore in breach of BCAP Code Rule 30.3.

Ofcom has concluded that relevant scheduling restrictions were not applied so as to ensure that the material did not cause widespread offence against generally accepted moral, social or cultural standards. Therefore Ofcom concluded that this material breached Rule 4.2 of the BCAP Code.

Final Warning

Ofcom notes that these contraventions of the BCAP Code by the Licensees occurred after various published Ofcom decisions, but before Ofcom issued on 28 January 2011 new and detailed guidance to daytime and adult sex chat advertising broadcasters about compliance with the BCAP Code (see footnote 6 above).

In light of our serious concerns, Ofcom has already held a meeting with the Licensees to discuss their compliance arrangements. Ofcom puts Primetime TV and Over 18 TV on formal notice that it must take all necessary and appropriate measures to ensure its channels comply with the BCAP Code in the future. If further breaches of the BCAP Code occur, Ofcom will consider further regulatory action.

Ofcom have interpreted the TV advertising rules created by BCAP (Broadcast Code of Advertising) which forms part of the Advertising Standards Authority.

General

Babe channels must not mislead about pricing etc and in particular must not suggest that programming is live when in fact a recording is showing.

Pre-watershed Free-to-air Babe Shows (Daytime Chat)

The presentation of daytime chat should always be suitable for wide audiences, that is for audiences including children and young persons. Therefore the content should be suitable for children to view should they come across it unawares. Such services should not suggest that sex chat of any sort is available by using the numbers being advertised or otherwise, nor seek to suggest that the channel will be offering sexual entertainment services at a later time. All dress and behaviour should be non-sexual in tone and apparent intent. Presenters should not adopt poses or behave in ways that suggest sexual acts or sexual availability. Therefore, presenters should not cross the line between very

restrained glamorous presentation and sexual dress, speech, expression or conduct. Set out below are some of the key points that licensees should apply when broadcasting these services. Please note that the following points are not exhaustive.

Daytime chat broadcasters should:

• ensure that presenters are wearing appropriate clothing, that adequately covers their bodies, in particular their breasts, genital areas and buttocks. Presenters should not wear revealing underwear, swimwear, gym wear or fetish clothing;
• not broadcast images of presenters touching or stroking their bodies in a suggestive manner, in particular avoiding breasts, thighs, crotches and buttocks;
• not broadcast images of presenters mimicking sexual intercourse by rocking and thrusting their bodies, or otherwise adopting sexual poses;
• not broadcast images of any mimed sex acts; and
• not broadcast close up and intrusive images of presenters breasts.

Website references

Under Rule 30.3, Ofcom licensed services that are broadcast without mandatory restricted access must not promote websites that contain material within the recognised character of pornography.

Post-watershed  Free-to-air Babe Shows (Adult Chat)

After 9pm any move towards stronger – but still very restrained – material containing sexual imagery should be gradual and progressive.

The 9pm threshold does not apply to Digital Terrestrial Television channels. On those channels adult chat cannot be broadcast before 12am or after 5.30am.

Please note that the following points are not exhaustive.

Adult chat broadcasters should:

• not broadcast shots of bare breasts before 22:00; .
• 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 broadcast images of any real or simulated sex acts (these include vaginal or anal intercourse, masturbation, fellatio or cunnilingus);
• 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;
• at no time broadcast sexually explicit language;
• ensure any sexual language broadcast is restrained, and avoid its use altogether before midnight; and
• ensure that where more than one presenter is in shot greater care is taken to avoid broadcasting the above images or language.

Website references

Under Rule 30.3, Ofcom licensed services that are broadcast without mandatory restricted access must not promote websites that contain material within the recognised character of pornography.

Post-watershed  Encrypted Babe Shows (Adult Chat)

Under Rule 23.2.1, advertising for telecommunications-based sexual entertainment refers to material that is of the strength that is only appropriate under mandatory restricted access and the other controls, including permitted hours, that exist for channels broadcasting adult sex material .

Standards for advertising material can reasonably be interpreted with reference to those standards that apply to the generality of such channels' content.

Under Rules 30.3 and 30.3.2, advertising for products that are considered to be pornography are permitted behind mandatory restricted access on adult entertainment channels only, between 10.00pm and 5.30am. However, Rule 30.3.1 is clear that advertisements, whether behind mandatory restricted access or not, must not feature (that is contain) R18-rated material or equivalent images.

Ofcom TV Censors

Ofcom have revealed some of their TV censorship rules banning hardcore on UK TV even in encrypted adult paid for services. Ofcom have decided that sex is R18 (hardcore) material if it is obviously real from the physics of the interaction, even if the insertion details are obscured.

Ofcom found scenes on Climax 3-3 to be R18 material because: viewers would have reasonably believed that penetration was taking place despite there being no explicit shots of point of insertion.

Perhaps someone from Playboy should ask the BBFC to comment on this assertion. In reality it is pretty easy to distinguish simulated in intercourse from real intercourse even when blocked by the usual softcore techniques. A hard real connection between the performers is easily deduced from the movement of the bits and bobs left unobscured.

See  article from  stakeholders.ofcom.org.uk

Climax 3-3
1 July 2010, 22:15 to 22:45

Climax 3-3 was a channel broadcast under a licence held by Playboy TV. The channel was subject to mandatory restricted access with measures in place to ensure the subscriber is an adult. The channel however included some freeview sections broadcast without mandatory restricted access in order to promote the channel and encourage viewers to subscribe.

On 1 July 2010 between 22:15 and 22:45, the service showed prolonged 3 scenes of sexual activity.

The first scene showed two actresses' in a bar setting. This scene included the depiction of the insertion of a bottle, a straw, a dildo and a hand-held soft drink dispenser gun. The second scene showed what appeared to be a lone woman urinating in a barn. The third scene showed three actresses' in a barn who appeared to be inserting fingers and dildos into themselves and each other.

The sexual activity in all three scenes included depictions of: insertion of dildos, fingers and other objects either by one female on another or one female on herself; oral sex; and masturbation; During the broadcast the camera featured close up and intimate shots of the sexual activity but some activity was partially hidden by parts of the actresses' bodies.

On 2 July 2010 Playboy informed Ofcom that there had been a scheduling error by the company that organised the listing of its broadcasts and that this material had been played out by mistake without any protections.

Some time later Ofcom [conveniently] received a complaint from a viewer who said that broadcasts in the freeview section of Climax 3-3 on 1 July 2010 included some strong material that should have been subject to mandatory restricted access.

Ofcom considered:

• Rule 1.17 Material equivalent to the British board of Film Classification (BBFC) R18-rating must not be broadcast at any time .

Playboy confirmed that the material had been broadcast without mandatory restricted access and in error and had now put in place stringent new checking processes to ensure this would not happen again.

Regarding the explicitness of the material and whether this was of R18 equivalent rating, Playboy said that there were a limited number of borderline shots of angles where there could be some debate over whether the object or finger penetration was simulated. It said that when deciding whether to edit out certain shots from its material it always sought advice from the BBFC. It said that it went by the rule that if it cannot be argued that penetration is not occurring, then it must be cut . For example fingers may be bent at the knuckle rather than penetrating, objects may go underneath or behind an orifice, and if objects are filmed from behind there could potentially be a gap between the orifice and the object. With regard to what appeared to be urination by one of the actresses, Playboy argued that it always ensured that the point of exit was obscured so that it could be argued that the act was simulated, for example, by using a water bottle hidden by a leg.

Playboy argued that there was nothing broadcast which could be construed as unarguably R18 or equivalent i.e. full-on penetration . It did accept that there was a very fine line between simulated and non-simulated activity.

Ofcom Decision: In breach of rule 1.17

In considering the content of this programme Ofcom asked itself first whether the content of the programme was equivalent to that in a BBFC R18-rated film or video.

Ofcom first examined a scene during this broadcast which included what appeared to be a lone actress urinating. Ofcom considered that this scene had a clear focus on the act of urination and that, as with other material in this programme, was broadcast for the primary purpose of sexual arousal. In the circumstances, Ofcom considered that this particular content was of an equivalent standard to R18-rated material and its broadcast was therefore a breach of Rule 1.17.

Ofcom next examined other scenes in the programme which appeared to show either vaginal or anal penetration by various objects, including dildos, fingers and a bottle. Ofcom recognised that these scenes were less clear. However, viewers would have reasonably believed that penetration was taking place despite there being no explicit shots of point of insertion. In particular, Ofcom considered that despite the partially obscured nature of the images, viewers would have been left with the clear impression that penetration by the bottle had occurred in the first scene and that penetration by dildos had occurred in the third scene.

In any event, this material clearly constituted at the very least adult sex material -- i.e. images of a strong sexual nature that were broadcast for the primary purpose of sexual arousal and should not therefore have been broadcast without mandatory restricted access. Ofcom welcomes the proactive stance of Playboy with regard to this matter.

However, this is a serious breach of the Code. Material equivalent to BBFC R18 content must not be broadcast at any time. As a result, the Licensee is put on notice that this present contravention of its licence is being considered for the imposition of a statutory sanction.

Breach of Rule 1.17

Ofcom has recently switched babe channels from being censored as TV programmes to being censored as advertising.

The TV censor has used the more restrictive rules to ban anything even remotely sexual from free to air TV.

Bluebird TV are clearly not impressed by Ofcom's prudery and have organised a survey of babe channel viewers and will report the findings to Ofcom.

Ofcom need a bit of education in this area, they seem to be continually claiming that the babe channel audience actually want the repressive censorship that Ofcom dishes out.

The survey is very detailed and a bit obtuse at times, but it is the first I have seen that goes beyond the vague wishy washy surveys that you usually get.

...Fill in the survey [Note ignore the misleading links at the top of the page, the link to the survey is in the middle]

Bluebird TV
Live XXX Babes, nighttime
Northern Birds, nighttime

Ofcom received complaints about alleged inappropriate content broadcasts but the Licensee, SEL, failed to provide recordings of the programmes requested regardless of the approaches made by Ofcom.

The Licensee was put on notice in Bulletin 171 that the two breaches published would be added to the Licensee's compliance record and would be considered for sanction, in addition to the three breaches previously recorded in Bulletin 170.

Following the four further contraventions recorded in this finding, Ofcom considers that the nine breaches of SEL's licences recorded are individually serious and have been repeated. As a result, these contraventions of its licences will be considered for the imposition of a statutory sanction.

Bluebird TV
Live 960, daytime

Again Ofcom received complaints about alleged inappropriate content.  The Licensee; Hoppr, failed to provide the recording of the material requested regardless of the approaches made by Ofcom.

The Licensee was informed in Bulletins 144, 169 & 170 that the further recorded licence condition breach would be referred for consideration of the imposition of a statutory sanction.

Following the further contravention recorded in this finding, Ofcom considers that this breach and the breach recorded in Bulletin 170 of Hoppr's licence condition are individually serious and have been repeated. As a result, these two contraventions of its licence will be considered for the imposition of a statutory sanction.

Bluebird TV
Live 960, nighttime

On this occasion Ofcom were themselves watching so didn't require recordings.

Ofcom noted that between 00:20 and 01:30 on 25 September 2010, the content included a nastiness in the jail section with a presenter wearing striped knickers and striped legwarmers. She adopted various positions including: on all fours with her bottom to camera; sat over a toilet seat and over a bed with her legs open; and, stood up holding onto the bars of the jail setting with her legs wide. While in these positions she: stroked and licked her nipples; rubbed her genitals in a sustained and vigorous manner simulating masturbation, both over and inside her knickers; rubbed herself with her fingers and against the bed while her knickers were removed; and, spanked her buttocks harshly so as to leave a red mark. During her performance and due to her pulling at her knickers which at one point she removed, labial and anal detail were visible.

Ofcom considered this a breach of:

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

And again Hoppr seems set for a fine or ban as Ofcom concluded:

This contravention of the BCAP Code is therefore a further example of poor compliance by this Licensee within a short period of time. This serious and significant breach will be taken into account in Ofcom's consideration of the imposition of a statutory sanction.

40nNaughty
Red Light Lounge, daytime
Red Light Central, nightime

The service 40nNaughty is owned and operated by Just4us TV, a wholly owned subsidiary of Playboy TV UK/Benelux.

Ofcom received complaints about the above four broadcasts of Red Light Lounge. The complainant was concerned that the content of the material was far too graphic especially when children could inadvertently view this channel . The complainant said that the female presenters on screen were behaving in a very provocative sexual manner miming sexual acts which was totally inappropriate for the time of day and the content was of an incredibly strong sexual nature .

Ofcom also received a complaint about the above broadcast of Red Light Central. The complainant said that during the broadcast the female presenter on screen was licking her fingers and simulating oral sex, she performed other strong sexual acts during this same time period. Her bikini knickers were far too small and allowed her vaginal lips to be exposed .

Ofcom found these programmes in breach of BCAP Code:

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

In this case Playboy was given a final warning

In August and December 2010 Ofcom recorded breaches of the Broadcasting Code and BCAP Code, respectively, against Playboy for content broadcast on its licensed service Tease Me TV 24.

In light of the above and Ofcom's recent concerns with Just4Us and Playboy's compliance, Ofcom is now requiring the licensees to attend a meeting at Ofcom to discuss its compliance procedures.

Ofcom also puts Just4Us and Playboy on notice that it must take all necessary and appropriate measures to ensure its channels comply with the BCAP Code in the future.

Ofcom will not expect further breaches of this nature to occur again.

The Pad
Tease Me TV 2, 19 October 2010, 17:00 to 18:00

The Pad is a televised daytime interactive chat advertisement broadcast on the service Tease Me TV 2 (Sky channel number 902) under a licence held by Playboy TV UK/Benelux Limited. Playboy has compliance responsibility for all programmes broadcast on Tease Me TV 2 service, including The Pad.

Ofcom received a complaint about the above broadcast. The complainant was concerned that the female presenter.s breasts were exposed and she was adopting various sexual positions and behaving in a clearly overtly sexual manner . The complainant also said that the presenter was on all fours clearly simulating sexual intercourse and this content is clearly inappropriate for the time of day .

Ofcom noted that the female presenter was wearing a revealing pink dress, which at times exposed a considerable amount of her breasts, and which was cut down at the back to reveal her buttocks. Underneath she was not wearing a bra but did was wearing a pink thong. During the broadcast the presenter positioned her buttocks to camera, bent over on all fours with her legs wide open and lay on her side with her legs open. While in these positions she repeatedly gyrated and thrust her hips. The presenter also walked up to the camera to show her breasts in close up, repeatedly touched and stroked her breasts and buttocks, and jiggled her breasts.

Ofcom investigated under the BCAP advertising Code:

• 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.

Ofcom Decision: Breach of Rules 4.2 and 32.3

In Ofcom's view, the revealing clothing, and repeated actions and sexual positions of the presenter were intended to be sexually provocative in nature and the broadcast of such images was not suitable to advertise daytime chat and could not be justified by the context in which it was presented.

In light of this behaviour and imagery, Ofcom concluded that under BCAP Code Rule 32.3 the material during this daytime broadcast was clearly unsuitable for children.

We also concluded under BCAP Code Rule 4.2 that, given the nature and scheduling of the material, it would cause serious or widespread offence against generally accepted moral, social or cultural standards.

Recently in August 2010 Ofcom recorded a breach of the Broadcasting Code against Playboy for content broadcast on the service Tease Me TV 2. This finding stated that we will expect, in future, Playboy to have in place adequate compliance arrangements . Ofcom is therefore concerned that despite this previous guidance Playboy did not have adequate compliance arrangements and staff in place on this occasion to ensure that the material acquired from the third party producer was compliant with the relevant Code. Ofcom considers this breach of the BCAP Code a serious matter and should there be any similar contraventions, Ofcom will consider further regulatory action. 

Those services operating in the sector of daytime and adult chat should be aware that Ofcom will not tolerate repeated breaches of the Code in this area. Ofcom has serious concerns about industry compliance in this area and we will not hesitate to take appropriate enforcement action where necessary (which may include fines and revocation of licences).

Bluebird
LivexxxBabes, 5 October 2010, 13:20

LivexxxBabes is a free to air babe channel where sexy presenters try and entice viewers into premium rate phone chats.

In this particular broadcast on 5 October 2010 the female presenter smoked a cigarette heavily for a period of around three minutes, direct to camera and in close up.

Ofcom now censors babe channels according to advertising rules and in particular the Broadcast Code of Advertising Practice.

And in this case Ofcom considered:

• Rule: 10.3 (Advertisements must not promote smoking or the use of tobacco products.).

LivexxxBabes is run by SEL who said that the BCAP Code was an industry code of practice and not set in law and it questioned Ofcom's power to enforce the advertising industry's own voluntary code of self-regulation.

In response Ofcom explained that: under the Communications Act 2003 Ofcom is required to set advertising standards for the content of television programmes and that had Ofcom contracted out this function to BCAP, who in turn fulfilled this function in setting the BCAP Code; under a condition of their licences, licensees are required to observe the BCAP Code; and that Ofcom has powers to establish procedures for the handling and resolution of complaints about the observance of these standards.

Ofcom Decision: In breach

The Principle at the start of Section 10 of the BCAP Code (Prohibited categories) sets out that: Broadcast advertisements for some products…are not permitted either because those products may not be legally advertised or because of a clear potential for harm…to the audience or to society . BCAP Rule 10.3 states that advertisements must not promote smoking or the use of tobacco products.

Ofcom noted that this PRS-based daytime chat teleshopping programming featured a female presenter wearing skimpy lingerie and smoking heavily. The presenter was shown inhaling a cigarette and blowing smoke to the camera over a period of around three minutes. Ofcom noted that the smoking featured heavily in the broadcast at this time. The camera closed in on the presenter's face and showed her enjoyment of the inhalation and exhalation of the cigarette. However, in Ofcom's view: the advertisement's focus was clearly on the act of smoking and the female presenter's evident enjoyment of it; the prolonged and drawn out nature of the sequence promoted this activity as something desirable; and, the smoking was clearly intended to be an additional enticement to viewers to call in to this teleshopping channel.

In Ofcom's opinion this promoted smoking or the use of tobacco products in breach of Rule 10.3 of the BCAP Code.

Dirty Talk Live
Dirty Talk, 2 September 2010, 21:00 to 22:00

Dirty Talk Live is a free to air babe channel.

Ofcom received a complaint about alleged inappropriate adult content broadcast at various times between 21:00 and 22:00 on 2 September 2010. The complainant considered the presenter continually simulated both sexual intercourse and oral sex too soon after the watershed.

From 1 September 2010, daytime chat and adult sex chat broadcast services were no longer regulated under the Ofcom Broadcasting Code as editorial content but as long form advertising (teleshopping). However Ofcom has retained responsibility for regulation of daytime chat and adult sex chat services but under the Advertising Standards Authority BCAP Code.

Ofcom noted the presenter was wearing a basque, fishnet stockings, and a thong. 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 lay on her back with her legs open to camera. While in both of these positions she thrust her hips powerfully in a sexual manner so as to mimic sexual intercourse. Although fully clothed, she also stroked her breasts, lightly spanked her buttocks, opened her mouth in a sexual rather than flirtatious manner and mimed oral sex. Ofcom noted the images described above were shown very shortly after the 21:00 watershed, starting at 21:03.

Ofcom considered BCAP Code Rule:

• 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 BCAP Code Rule 32.3

In applying BCAP Code Rule 32.3 Ofcom had first to decide if the broadcast material was unsuitable for children. With regards to this broadcast, Ofcom noted that on a number of occasions between 21:00 and 21:30 (and as early as 21:03) the female presenter adopted sexually provocative positions - for example, kneeling on all fours with her buttocks in the air and thrusting heavily and gyrating her hips. She was also seen lying on her back for prolonged periods with her legs open to camera and thrusting her hips. Ofcom noted that whilst in this position the on-screen graphics obscured the presenter's genital area to some extent. In adopting these positions, in Ofcom's view, the presenter was mimicking sexual intercourse. In Ofcom's opinion, this material was clearly unsuitable for children.

Ofcom then went on to consider whether relevant timing restrictions had been applied to the material in question. Ofcom noted that this programme was broadcast on a channel without mandatory restricted access in the period immediately after the 21:00 watershed, which is in place to protect minors.

Ofcom then considered the likely expectations of the audience for programmes broadcast at this time of day on a channel without mandatory restricted access. In its opinion, viewers (and in particular parents) would not expect such material to be broadcast so soon after 21:00.

As regards timing restrictions for scheduling, Ofcom has made clear in numerous previous published findings that stronger material should appear later in the schedule and that the transition to more adult material should not be unduly abrupt at the 21:00 watershed. Ofcom therefore considered that the time of broadcast and the location of the channel were not sufficient to justify the broadcast of sexually provocative behaviour such as that included in this broadcast so soon after the 21:00 watershed.

Given the images described above were broadcast between 21:00 and 21:30, Ofcom considered relevant timing restrictions were not applied on this occasion to broadcast content which was unsuitable for children. This broadcast was therefore in breach of BCAP Code Rule 32.3.

Bluebird On Essex Birds

Essex Babes has again failed to provide programme recordings for Ofcom.

Ofcom has again found them in Breach of Licence Condition 11 (retention and production of recordings).

And Ofcom upped the ante on their warning:

As a result of the [previous] breach of licences recorded on 22 November 2010, the Licensee was put on notice that those contraventions of its licences were being considered for the imposition of a statutory sanction. These two further breaches of one of its licences will be added to the Licensee's compliance record and will be considered for sanction in addition to the breaches previously recorded.

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 .

Ofcom's ongoing rant against the babe channels was set to continue with whinges at the following Babe Channel programmes:

Bluebird on

• Northern Birds, daytime 8 September 2010
• Northern Birds, nighttime 26/27 September 2010
• Essex Babes, nighttime21 September 2010
• Live 960, nighttime 22 September 2010

The channels Northern Birds and Essex Babes are owned and operated by the licensee Satellite Entertainment Limited (SEL).

The channel Live 960 is owned and operated by the licensee Hoppr Entertainment (Hoppr)

Ofcom received 'complaints' about alleged inappropriate content broadcast during the above programmes and so requested recordings.

But Ofcom did not receive the recordings despite repeated requests.

Ofcom recorded a Breach of Licence Condition 11 (retention and production of recordings) for each programme.

In each case this was also noted as a repeat offence and Ofcom concluded for both SEL & Hoppr: As a result the Licensee is put on notice that this present contravention of its licence is being considered for the imposition of a statutory sanction.

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.

E lite Nights
Elite TV, 8 August 2010, 00:00 to 00:30
Elite TV & Elite TV 2, 14 August 2010 22:00 to 22:14

Ofcom received one complaint about the content. The complainant was concerned about the strong language used during the times highlighted above.

Ofcom viewed the material and noted there were two presenters. Presenter One was wearing a black thong, a strip of black material across her breasts and fishnet stockings. Presenter two was wearing a black leather bodice and leather, thigh-high boots.

During the broadcast the presenters adopted various sexual positions for prolonged periods of time, including: lying on their backs with their legs wide open to camera and kneeling with their buttocks to camera and licking and stroking each other's inner thigh, anal and genital area; mimicking oral sex with a whip; and thrusting their bodies as though miming sexual intercourse.

We noted in particular that during this output a explicit sexual discussion took place:

Presenter One: Well guys we're feeling so fucking dirty now.

Presenter Two: I absolutely love playing with your pussy.

Presenter One: I love the way you do it. You.re the only woman that gets my cunt that wet.

Presenter Two: Do you like me touching your clit like that. [Presenter Two.s hand is out of frame].

Presenter One: Yes. Feel like I need to repay the favour though. [Presenter One's hand is out of frame].

Presenter Two: [Presenter One kissing Presenter Two's breasts] I love it when you just suck my tits like that. Oh yes, fucking suck my tits. Oh your tongue all over my tits. Imagine you're cock rubbing over my tits and her licking your cock. Whilst your cock is rubbing on my tits at the same time. I love the thought of that. And then watching a cock sliding up inside your pussy. [Presenter Two stroking thigh, breasts, genital area and stomach of Presenter One for remainder of conversation].

Presenter One: Coming all over us. I love it in my arse. Presenter Two: Taste it after it's been in up your arse.

Presenter One: All that shit covered cock in my mouth... Presenter Two: ...I want them to fuck your arse until its gaping sore.

Ofcom considered:

• Rule 1.3 - (children must be protected from unsuitable material by appropriate scheduling)
• Rule 2.1 - the broadcaster must apply generally accepted standards
• Rule 2.3 - offensive material must be justified by context.
• Rule 1.18 - ('Adult sex material' - material that contains images and/or language of a strong sexual nature which is broadcast for the primary purpose of sexual arousal or stimulation - must not be broadcast at any time other than between 22:00 and 05:30 on premium subscription services and pay per view/night services which operate with mandatory restricted access)

Ofcom Decision:

In Ofcom's opinion, in this particular case, a viewer could reasonably have perceived the actions of the presenters during the conversation as real e.g. When Presenter Two asked Do you like me touching your clit like that? She moved her hand towards the genital area of Presenter One.. Furthermore the language used, was of a very strong sexual nature and in Ofcom's view, combined with the imagery, was clearly adult-sex. material. Ofcom considers the primary purpose of broadcasting this material was sexual arousal. Given the programme.s content and purpose, and the conclusion the content constituted adult-sex material, its broadcast, without mandatory restricted access, was therefore in breach of Rule 1.18 of the Code.

In light of Ofcom's view that the programme contained material that constituted adult sex material and was therefore unsuitable for broadcast without mandatory restricted access, the broadcast was clearly capable of causing considerable offence.

In this case, given the relatively prolonged and repeated scenes of a strong sexual nature; the inclusion of language that was provided for the purpose of sexual arousal; the time of broadcast and location of the channel, Ofcom considers it was not sufficient to justify the broadcast of the material. The language in combination with the actions of the presenters was so strongly sexual that it would have exceeded the likely expectation of the vast majority of the audience for a service without mandatory restriction. Ofcom concluded that the content was clearly not justified by the context and was in breach of generally accepted standards.

The broadcast was therefore in breach of Rules 1.18, 2.1 and 2.3 of the Code.

Bluebird
Sport xxx Girls, 10 September 2010, 00:00 to 00:30

Ofcom received a complaint about alleged inappropriate adult content broadcast at around 00:00 on 10 September 2010.

Ofcom requested a recording of material from the Licensee for that time and date in order to assess the complaint.

Response Between 10 September and 17 September 2010 Ofcom formally asked SEL on several occasions, and set various deadlines, to provide a recording of its output on the 10 September 2010 at 00:00. The Licensee failed to provide this recording.

Ofcom Decision

Breach of Licence Condition 11 (retention and production of recordings)

Freeblue
Live 960, 3 August 2010, 23:00 to 01:00
4 August 23:00 to 01:00

Ofcom received a complaint about alleged inappropriate adult content broadcast at around 00:00 on 4 August 2010.

The Licensee provided a recording of material from 4 August 2010 from 00:00 to 01:00. However, this recording was not of broadcast quality, had no sound and did not match the description of the complaint. The Licensee failed to provide recordings of the programmes requested.

Ofcom Decision

Breach of Licence Condition 11 (retention and production of recordings)

Early Bird
Tease Me TV (Freeview), 30 July 2010, 08:30 to 09:00;
Tease Me TV (Freeview), 11 August 2010, 08:45 to 09:00;
Tease Me TV (Freeview), 15 August 2010, 07:38 to 07:50;
Tease Me TV (Freeview), 20 August 2010, 07:00 to 07:30;
Tease Me TV (Freeview), 23 August 2010, 08:00 to 08:20;
Tease Me TV (Freeview), 29 August 2010, 08:10 to 08:30

Ofcom received a complaint from a viewer about the above broadcast.

The complainant was concerned that the programme included a presenter writhing around, simulating sex to entice phone calls at breakfast time. Ofcom noted that the female presenter was wearing a pink material band partially covering her breasts, a pink pair of knickers with call me printed on them and one fishnet stocking. During the broadcast, the presenter adopted certain positions kneeling with her legs wide open; sitting with one leg beneath her; and lying on her front with her breasts to camera. While in these positions the presenter repeatedly moved and gyrated her hips in a sexually provocative way and bounced up and down mimicking sexual intercourse. The presenter was also shown jiggling her breasts, lightly spanking her buttocks and opening her mouth in a sexualised rather than flirtatious way.

Ofcom Decision

Ofcom concluded that the content of the six broadcasts was clearly unsuitable for children and not appropriately scheduled so as to offer protection from it. Therefore the content breached Rule 1.3 of the Code

Freeblue 1
Babeworld.tv, 9 July 2010, 21:00 to 21:30

Ofcom received a complaint from a viewer about the conduct of the female presenters.

Ofcom noted that the programme featured up to eleven women on screen at the same time. All of the women were wearing skimpy underwear including thongs and bras. At various times the women were shown adopting sexual positions, including: lying on their backs with their legs open to camera; bending over with their buttocks to camera; and presenters between the legs of other presenters. While in these positions the female presenters carried out a number of sexually provocative acts. Some were shown rubbing their breasts and buttocks, and touching around their genital area and upper thighs. Some presenters were shown kissing each other and touching each other's breasts, buttocks, genital area and upper thighs. They were also shown lightly spanking each other's buttocks. The broadcast also included images of a presenter placing her head between the legs of another presenter, mimicking oral sex. In addition, a female presenter removed another presenter's bra and was shown licking and sucking her nipples. Certain presenters licked their fingers to mimic the performance of oral sex on a man.

Ofcom considered:

• Rule 1.6 - the transition to more adult material must not be unduly abrupt at the watershed
• Rule 2.1 - the broadcaster must apply generally accepted standards
• Rule 2.3 - offensive material must be justified by context.

Ofcom Decision

Ofcom was concerned that the sexualised images described above were shown directly after the watershed from 21:00. Ofcom took into account the likely expectation of the audience. Here Ofcom believes that viewers of a channel freely available without mandatory restricted access would not expect to see material of such strength broadcast directly after the watershed between 21:00 and 21:30. [I somehow think Babe channel viewers certainly would expect to be able to watch adult entertainment after the watershed]

Breach of Rules 1.6, 2.1 and 2.3 of the Code.

Elite Days
Elite TV 2, 6 August 2010, 12:24

As a result of Ofcom's concerns about compliance in this sector, Ofcom conducts occasional monitoring of daytime chat channels.

In this case, Ofcom noted that the female presenter was wearing a very skimpy mesh and string vest showing her naked breasts beneath with only plasters over her nipples, and a see through lace thong. During the broadcast the presenter adopted various sexual positions for periods of time, including on her front with her bottom in the air, and on her side with her legs apart. While in these positions she repeatedly stroked and touched her body, buttocks and breasts, and wiggled and thrust her hips in the air in a sexually provocative way. She also pulled her mesh vest over her buttocks while pushing her hips in the air.

Ofcom considered

• Rule 1.3 ( Children must be protected by appropriate scheduling from material that is unsuitable for them. )

Ofcom Decision

Ofcom concluded that the content of this broadcast was clearly unsuitable for children and not appropriately scheduled. Therefore the content breached Rule 1.3 of the Code.

Early Bird
Tease Me TV (Freeview), 27 July 2010, 07:30 to 07:50

Ofcom received a complaint from a viewer about this broadcast. The complainant was concerned that the content was unsuitable for broadcast at this time of day.

Ofcom noted that the female presenter was wearing a pink bra and thong over which was a skimpy mesh all-in-one vest and thong. During the broadcast the presenter adopted certain positions including lying on her side with her legs wide open; on her front with her bottom raised sometimes turning to reveal her bottom to camera; and, on her back with her hips raised in the air. While in these positions the presenter repeatedly: stroked and touched her body including her crotch area, legs, buttocks and breasts; moved and gyrated her hips sometimes high in the air in a sexually provocative way; pulled sexualised facial expressions and lightly spanked her buttocks.

Ofcom formally requested comments from Bang Media on several occasions. Bang Media did not provide any comments. In the absence of any response from the Licensee, Ofcom proceeded to reach a decision on this material against the Code.

Ofcom Decision

We concluded that the content included in the broadcast as described above had no editorial justification since its sole purpose was to elicit PRS calls. In Ofcom's view, the revealing and sexual clothing, and repeated actions and sexual positions of the presenter were intended to be sexually provocative in nature and the broadcast of such images was not suitable to promote daytime chat. In light of this clothing and behaviour, together with its lack of editorial justification, in Ofcom's view the material was clearly unsuitable for children.

Breach of Rule 1.3

Bang Babes
Tease Me, 28 July 2010, 23:40 to 00:00

Ofcom received a complaint about alleged inappropriate adult content broadcast between 23:40 and midnight. Ofcom requested a recording of the material from Bang Media.

Ofcom Decision

Ofcom formally asked Bang Media on several occasions to provide a recording of the output which was complained of so that Ofcom could view it and decide whether it raised any potential issues under the Code. Bang Media failed to provide any recording. This was therefore a clear breach of Condition 11 (Retention and production of recordings) of Bang Media's licence to broadcast.

Breach of Condition 11 (retention and production of recordings)

Early Bird Tease Me TV (Freeview),
3 August 2010, 08:00 to 09:00

Earlybird is a televised daytime babe channel programme broadcast on Tease Me TV on  Freeview. The licence for the service is held by Bang Media.

Ofcom received a complaint from a viewer about this broadcast. The complainant was a parent of young children and was concerned that during the morning until 9am the Early Bird digital channel is broadcasting sexually explicit television . The complainant said that the material was broadcast at a time when many young children watch television, before school and in the holidays and the channel is easily accessible .

The Licensee provided a recording. Ofcom noted that the female presenter was wearing a revealing red lace bra and thong, red fish net stocking and suspenders, and red stilettos. During the broadcast the presenter adopted certain positions including lying on her side, back and front with her legs wide open, lying on her side with one leg raised in the air, and on all fours with her hips and buttocks raised. While in these positions the presenter repeatedly: stroked and touched her body including her crotch area, legs and breasts; moved and gyrated her hips in a sexually provocative way; and lightly jiggled her breasts. The presenter was also shown licking her lips and showing her tongue to reveal a tongue stud. A number of times during the broadcast the camera moved up and down the presenter's body so that her covered breasts were shown in close up.

Ofcom considered Rule 1.3 (children must be protected from unsuitable material by appropriate scheduling).

Ofcom formally requested comments from Bang Media on a number of occasions. Bang Media did not provide any comments. In the absence of any response from the Licensee, Ofcom proceeded to reach a decision on this material against the Code.

Ofcom concluded that the content of the broadcast was clearly unsuitable for children and not appropriately scheduled so as to protect them from it. Therefore the content breached Rule 1.3 of the Code.

As a result of the serious and repeated nature of breaches recorded previously against Bang Channels Limited and Bang Media (London) Ltd in Bulletins 157, 158, 163 and 165, Bang Media has already been put on notice that these contraventions of the Code are being considered for further statutory sanction.

Early Bird Tease Me TV (Freeview), 15 July 2010, 08:30 to 09:00

Condition 11 of Bang Media's licence states that the Licensee must make and retain a recording of all its programmes for a period of 60 days from broadcast, and at Ofcom's request must produce a recording forthwith . Ofcom has made clear that recordings must be of a standard and in a format which allows Ofcom to view the material as broadcast.

Ofcom received one complaint about alleged inappropriate adult content between 08:30 and 09:00. Ofcom requested a recording of that material from Bang Media.

Between 20 July and 25 August 2010 Ofcom asked Bang Media on several occasions and set various deadlines to provide a recording of the programme. In correspondence Bang Media stated that it was having difficulty in retrieving the material Ofcom had requested. The Licensee did not provide a recording. Ofcom therefore asked the Licensee for formal comments on its compliance with Condition 11 of its licence, and in particular the obligation to provide Ofcom with a copy of its output forthwith on request. Bang Media did not provide any comments in response.

Ofcom recorded a Breach of Licence Condition 11 (retention and production of recordings)

Club Paradiso, 24/25 June 2010, 00:15 to 00:45

Ofcom received a complaint which said that this broadcast was too explicit and included sexual activity between a male and female presenter including simulated or mimed oral sex, sexual intercourse and other sexually provocative acts.

Ofcom noted that between 00:15 and 00:45, the broadcast featured a male as well as a female presenter. The male was wearing underpants and the female fishnet stockings and a black thong. During the broadcast the female presenter adopted various sexual positions for relatively prolonged periods of time, including on her back with her legs apart, on all fours with buttocks to camera and sat on top of and astride the male presenter's chest. The male presenter also adopted various positions, which included kneeling with his crotch by the female presenter's mouth, kneeling behind the female presenter whilst she was on all fours and lying on his back while under the female presenter. While in these positions, the female and male mimed oral sex on each other, they both gyrated their hips miming sexual intercourse, the male squirted white lotion on the female's buttocks and rubbed it in, and the male licked the female's breasts and nipples. Furthermore the male stroked and gently spanked the female's body and buttocks. At times the squirted lotion was left on the female's buttocks for a period of time. While adopting these positions or engaging in these activities, neither presenter touched the other's genital area.

Ofcom considered the following Code rules:

• Rule 1.18 ('Adult sex material' - material that contains images and/or language of a strong sexual nature which is broadcast for the primary purpose of sexual arousal or stimulation - must not be broadcast at any time other than between 2200 and 0530 on premium subscription services and pay per view/night services which operate with mandatory restricted access. In addition, measures must be in place to ensure that the subscriber is an adult)
• Rule 2.1 (the broadcaster must apply generally accepted standards)
• Rule 2.3 (offensive material must be justified by context).

Ofcom Decision: In Breach

In relation to Rule 1.18, Ofcom examined the content of the broadcast and considered that it contained material of a strong sexual nature, including scenes of simulated and mimed sexual activity. For example, during the broadcast the male presenter mimed sexual intercourse with the female and they both mimicked the performance of oral sex on each other, The female presenter adopted various sexual positions including astride the male presenter's chest near his face. In addition, the white lotion used as a prop in the performance was squirted onto and allowed to remain on the female presenter's buttocks, and the male licked the female presenter's breasts and nipples in sexual and intimate manner. Even though neither presenter directly touched the other's genital area, the performance and provocative actions of both presenters were clearly suggestive of various sexual acts.

In Ofcom's view, the primary purpose of broadcasting this material was clearly sexual arousal. Given the above, the material was, in Ofcom's view, of a strong sexual nature. Having assessed this programme's content and purpose, Ofcom considered that this content constituted adult-sex material. Its broadcast, without mandatory restricted access, was therefore in breach of Rule 1.18 of the Code.

Given the relatively prolonged and repeated scenes of intimacy and the strong sexual nature of the performance (for the purpose of sexual arousal), the time of broadcast and location of the channel were not sufficient to justify the broadcast of the material. The material shown was so strongly sexual that it would have exceeded the likely expectation of the vast majority of the audience [so Ofcom thinks the the vast majority of babe channel viewers don't want to see sexy programming?] . Ofcom concluded that the content was clearly not justified by the context and was in breach of generally accepted standards and in breach of Rules 2.1 and 2.3.

Ofcom welcomed the Licensee's apologies and confirmation it was keen to adhere to the Code and put in place new procedures if necessary. It also noted the broadcaster's statements that this was a trial broadcast piece which has not been repeated.

Ofcom has provided a considerable amount of guidance to adult sex chat broadcasters about what constitutes adult sex material and what is acceptable under the Code. These broadcasters need to take particular care when they feature more than one presenter on screen and the presenters are or appear to be intimate with each other in a sexual manner.

Bang Babes Tease Me, 23 July 2010, 21:45 to 22:30
Bang Babes Tease Me, 31 July 2010, 01:40 to 02:15
Bang Babes Tease Me, 6 August 2010, 22:00 to 22:25 and 00:00 to 00:45

Early Bird Tease Me TV (Freeview) 25 July 2010, 07:25 to 07:45

The usual whinges about the babes of the various Tease Me channels, eg:

Bang Babes , Tease Me, 23 July 2010, 21:45 to 22:30

Ofcom received a complaint about the above broadcast. The complainant said that the content transmitted was too sexually explicit to be broadcast without mandatory restricted access.

Ofcom noted that between 21:45 and 22:00 the programme featured a female presenter wearing a black and white bra and thong. During the broadcast the presenter removed her bra to expose her breasts and was shown adopting various sexual positions such as sitting while facing the camera with her legs open, and bending over on all fours with her buttocks to camera. While in these positions the presenter: heavily thrust her body as though miming sexual intercourse; mimed performing oral sex on a man; repeatedly massaged her breasts; licked her breasts; and repeatedly rubbed her outer genital area.

As usual Ofcom found the channels to be in breach of rules:

• Rule 1.18 ('Adult sex material' - material that contains images and/or language of a strong sexual nature which is broadcast for the primary purpose of sexual arousal or stimulation - must not be broadcast at any time other than between 2200 and 0530 on premium subscription services and pay per view/night services which operate with mandatory restricted access. In addition, measures must be in place to ensure that the subscriber is an adult)
• Rule 2.1 (the broadcaster must apply generally accepted standards)
• Rule 2.3 (offensive material must be justified by context).

And as usual Ofcom warn about the next fine:

On 29 July 2010 Ofcom fined Bang Media (London) Limited and Bang Channels Limited a total of £157,250 for serious and repeated breaches of the Code.

In addition, as a result of the serious and/or repeated nature of the breaches recorded in this current finding, and those recorded against Bang Channels Limited previously in Bulletins 157, 158 and 163 the Licensee is put on notice that these present contraventions of the Code are also being considered for further statutory sanction.

Live XXX Babes, 31 March 2010, 22:00 to 23.00
Live XXX Babes, 1 April 2010, 22:00 to 22:24
Sport XXX Babes, 3 April 2010, 22:00 to 02:00
Northern Birds, 11 April 2010, 22:30 to 23:00
Sport XXX Babes, 16 May 2010, 21:00 to 21:30
Sport XXX Babes, 19 May 2010, 00:00 to 01:00 to 09:00

Live XXX Babes, Sports XXX Babes and Northern Birds are free to air Babe Channels. Each service has a separate licence but all three licences are owned and complied by Satellite Entertainment Limited.

As a result of its concerns about compliance in this sector, Ofcom conducts monitoring exercises of daytime and adult sex chat channels.

Ofcom noted the usual complaints about the Babe Channels eg:

Live XXX Babes,(Sky Channel 950) 31 March 2010, 22:00 to 23:00

During this programme, a female presenter was wearing a leather dress that exposed her breasts, a skimpy thong and fishnet stockings. She adopted various sexual positions. These included on all fours with her buttocks to camera and on her back with her legs wide open. While in these positions the presenter carried out a number of sexual acts including miming and simulating masturbation, by rubbing and touching her crotch and anus over her skimpy thong which at times revealed her labial contours. She also licked her fingers and touched around the edges of her labia and pulled on her thong to bunch it into her crotch and reveal her genital contours. At times the camera zoomed in between the presenter's wide open legs in intrusive detail.

Ofcom considered Code Rules:

• 2.1 (the broadcaster must apply generally accepted standards)
• 2.3 (offensive material must be justified by context) from SEL in relation to the following broadcasts:

Ofcom Decision: Breach of rules 2.1 & 2.3

In terms of the content of all these broadcasts, Ofcom considered the sexual images shown to be strong and capable of causing offence. During all six broadcasts detailed above, the presenters positioned themselves in front of the camera with legs wide apart and on all fours with buttocks in full view for prolonged periods of time. Given the fact that all presenters pulled their underwear tightly against their genital area so as to bunch the material, and the images were sometimes filmed close up, there were numerous occasions when outer labial and anal detail was shown in intrusive detail. In addition, during all broadcasts the presenters in each individual programme appeared to mime masturbation at various points in the broadcasts, by touching around their genital and anal areas and sometimes simulate masturbation by rubbing their underwear vigorously against their genitals and touching or stroking the crotch in a sexual manner.

Given the strength of the sexual nature of the content, available on a channel without mandatory restricted access, we considered that the broadcaster did not apply generally acceptable standards and the material was not contextually justified. These broadcasts therefore breached Rules 2.1 and 2.3 of the Code.

Ofcom is concerned in particular, that the broadcast on Sport XXX Babes on 16 May was transmitted from 21:00. This strong sexual content, of an equally similar nature to that shown after 22:00 on the other channels detailed, included the presenter revealing her breasts and genital and anal detail, simulating masturbation and inserting her fingers into her mouth to mime oral sex. Rule 1.6 makes clear that the strongest material should appear later in the schedule and that the transition to more adult material should not be unduly abrupt at the watershed of 21:00. The degree of offence likely to be caused by viewing this material was therefore considered greater than after 22:00 given the insufficient context. Ofcom concluded that this content was clearly not justified by the context and, in addition to breaching generally accepted standards also contravened Rule 1.6.

It is Ofcom's view that these breaches are serious. In particular, Ofcom is concerned by the apparent repeated nature of these breaches. Ofcom is therefore putting the Licensee on notice that further repeated contraventions of the Code of a similar nature will be considered for the imposition of a statutory sanction.

Early Bird
Tease Me TV (Freeview)
3 June 2010, 05:45 to 06.30 and 08:00 to 09:00

Ofcom received two complaints about the above broadcast. The complainants were concerned that the material was too sexual to be broadcast in the daytime and that the presenter's skimpy outfit and movements were inappropriate for a young audience who might be watching television on this free to air service on the Freeview platform.

The female presenter was wearing a very skimpy string/lace bra that barely covered her nipples, a thong with a string back and stockings and suspenders. During the broadcast the presenter adopted various sexual positions for periods of time including: on her side with her legs open; on her back with her legs open; and, on all fours with her hips raised. While in these positions she repeatedly stroked and touched her body, buttocks and breasts, wiggled and thrust her hips in a sexually provocative way. At one time she also stood up and danced briefly to the camera. On occasions the camera focused in on various parts of her body.

Ofcom considered Rule 1.3 (children must be protected from unsuitable material by appropriate scheduling).

Ofcom Decision: Breach of Rule 1.3

In Ofcom's view the very skimpy clothing of the presenter combined with her repeated and sexualised actions and behaviour were intended to be sexually provocative in nature and the broadcast of such images was not suitable to promote daytime chat.

18 Keen
Tease Me
10 June 2010, 21:30 to 22:30

Ofcom received a complaint that the content was too sexually explicit to be broadcast at around 21:30. The complainant referred to the underwear the two presenters were wearing and that they were performing sex acts on each other.

Ofcom noted that the broadcast featured two female presenters on an unmade single bed in a bedroom setting. They were both initially wearing bras and knickers and one presenter's knickers were made of see through material. The presenters removed their bras during their act. At various times, the presenters adopted sexual positions including: on all fours with their bottoms close to camera; lying on their backs with legs open to camera; one presenter between the legs of the other; on their knees with one presenter behind the other one; and one presenter sat over the other presenter's breasts. While in these positions they rubbed each other's bare breasts and nipples, thrust and moved their hips in a sexualised manner as if miming intercourse, and spanked and stroked each other's buttocks. They also licked their fingers and rubbed the inside of their upper thighs in a sexualised way.

Ofcom considered:

• Rule 2.1 (the broadcaster must apply generally accepted standards)
• Rule 2.3 (offensive material must be justified by context).

Ofcom Decision

In this case, Ofcom considered that the material shown (including the presenters stroking and rubbing each other.s naked breasts) was provided for the purposes of sexual arousal in order to elicit PRS calls. For the reasons set out above, this material was too strong to be shown so soon after the watershed and was clearly not justified by the context.

This broadcast was therefore in breach of Rules 2.1 and 2.3 of the Code.

Further Sanctions

As a result of the serious and repeated nature of the breaches recorded previously, Bang Channels and Bang Media have already been put on notice that these contraventions of the Code are being considered for statutory sanction. Consideration of this statutory sanction is in addition to the sanction already imposed on Bang Media .

Bang Babes
Tease Me TV 2, 22 May 2010, 03:35 to 04:00

Bang Babes is a programme on the adult sex chat television service Tease Me TV 2. Tease Me TV 2 is broadcast under a licence held by Playboy TV UK/Benelux Limited. Playboy therefore has compliance responsibility for all programmes broadcast on that service, including Bang Babes .

The service is a free to air babe channel in which female presenters dress and behave in a sexually provocative way while encouraging viewers to contact the PRS numbers.

Ofcom received a complaint from a viewer who said that the broadcast included prolonged and repeated close up graphic and intrusive images of vaginal and anal detail . The complainant also said the broadcast showed masturbation throughout .

Ofcom noted that between 03:30 and 04:00, the broadcast included a female presenter wearing a yellow bikini top (which was pulled to the side to reveal her breasts) and a matching thong. During the broadcast she adopted various sexual positions for relatively prolonged periods of time, including bending over on all fours with her buttocks to camera and lying on her back with her legs spread wide open to camera. While in these positions the presenter's anal and labial area was shown in close up and extensive detail. Throughout the broadcast the presenter repeatedly: rubbed her genital area with her fingers; rubbed her thong against her genitals; pulled her buttocks apart to reveal her anus; sucked her fingers to mimic performing oral sex on a man; and rubbed saliva over her breasts.

Ofcom considered:

• Rule 1.18 ('Adult sex material' - material that contains images and/or language of a strong sexual nature which is broadcast for the primary purpose of sexual arousal or stimulation - must not be broadcast at any time other than between 2200 and 0530 on premium subscription services and pay per view/night services which operate with mandatory restricted access. In addition, measures must be in place to ensure that the subscriber is an adult
• Rule 2.1 (the broadcaster must apply generally accepted standards)
• Rule 2.3 (offensive material must be justified by context).

Playboy responded saying that having viewed the content, it appears that some of the content was in breach of the Code, for which we apologise . We have recently started taking content from an experienced provider [of adult sex chat material]…much of this content is delivered live, and we have had to install new systems, both technical and procedural, to cope with this product . It explained that there have been some teething troubles, which have led to one or two slipups .

Ofcom Decision

In relation to Rule 1.18, Ofcom examined the content of the broadcast and considered that it contained material of a very strong sexual nature, including graphic and intrusive images of genital and anal detail. For example, during the broadcast the presenter was shown apparently performing masturbation on herself by repeatedly touching her genital area and rubbing her thong against her genitals. In Ofcom's opinion, in this particular case, a viewer could reasonably have perceived the sexual acts as real. The presenter was also shown at various times bending over with her buttocks close up to camera and pulling her buttocks apart to reveal her anus and extensive labial detail. Further, Ofcom took account of the fact that the sequences were, in some cases, relatively prolonged and repeated throughout the 25 minute broadcast. In Ofcom's view, the primary purpose of broadcasting this material was clearly sexual arousal. Given the above, the material was, in Ofcom's view, of a very strong sexual nature. Having assessed these programme.s content and purpose, Ofcom considered that the material broadcast constituted 'adult-sex material. Its broadcast, without mandatory restricted access, was therefore in breach of Rule 1.18 of the Code.

Ofcom then went on to consider whether the broadcast was also in breach of Rules 2.1 and 2.3 of the Code. In light of Ofcom's view that the programme contained material that constituted adult sex material and was therefore unsuitable for broadcast without mandatory restricted access, the broadcast was clearly capable of causing considerable offence.

Given the relatively prolonged and repeated scenes of a very strong sexual nature and the inclusion of graphic images of genital and anal detail (provided for the purpose of sexual arousal), the time of broadcast and location of the channel was not sufficient to justify the broadcast of the material. The material shown was so strongly sexual that it would have exceeded the likely expectation of the vast majority of the nutters watching. Ofcom concluded that the content was clearly not justified by the context and was in breach of generally accepted nutter standards.

Breach of Rules 1.18, 2.1 and 2.3

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.

Afternoon Delight – Live Skyve
Live 960, 16 March 2010, 12:00

Live 960 is an adult sex chat television service, owned and operated by Hoppr Entertainment and is available without mandatory restricted access on Channel 960. The channel is situated in the adult section of Sky electronic programme guide ( EPG ).

Ofcom received a complaint that the channel included an onscreen reference to the website www.live960.com and on accessing the site material equivalent to BBFC classified R18 content could be viewed.

Although the material was not broadcast on-air, Ofcom identified that the website was promoted on the channel at 12:00. When accessing the website address and entering the web forum (known as Sassy ), explicit images of real sex acts, equivalent to R18 material, could be freely viewed without any age verification or registration of the user.

Ofcom considered:

• Rule 1.2 …broadcasters must take all reasonable steps to protect under eighteens
• 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…harmful or offensive material
• Rule 2.3 …broadcasters must ensure that material which may cause offence is justified by the context

Live 960 stated that the Sassy web forum page, which was supplied to the broadcaster's website by a third party, featured posts submitted by contributors and was to the best of their knowledge not normally explicit . The Licensee explained that as soon as it was alerted by Ofcom that there was explicit and unprotected R18 equivalent content on the Live 960 website and it should be taken down, it responded immediately and removed the link. The broadcaster has confirmed that the Sassy web forum is no longer used on the website and it has no affiliation to the supplier.

Ofcom Decision: Breaches of Rules 1.2, 1.3, 2.1 and 2.3

While the content of a website is not in itself broadcast material, and therefore not subject to the requirements of the Code, any on-air references to the website on the broadcaster's licensed service is part of the broadcast content. Therefore such references must comply with the Code, in particular Rules 1.2, 1.3, 2.1 and 2.3.

Ofcom noted that when accessing the site's front page the website contained extremely explicit material featuring still images of real sex acts (equivalent to BBFC R18 rated content). This material did not require any registration to view and could therefore be freely accessed by under-eighteens. No requirement for registration or credit card verification was required to access the content.

It is a requirement upon the licensee to ensure it is fully aware of such decisions and it is of concern to Ofcom that Live 960 was not monitoring the content on its website to ensure it was suitable, particularly given that its website address was promoted during the day when children could have viewed the material.

In Ofcom's view the promotional reference to the website on the Live 960 channel therefore breached generally accepted standards and, given that the website reference was broadcast during the day before the 21:00 watershed, the broadcaster also failed to protect under-eighteens. They were therefore in breach of rules 1.2, 1.3, 2.1 and 2.3.

Asian Babes
House of Fun, 20 March 2010, 22:00

House of Fun is an adult sex chat television channel. House of Fun is available without mandatory restricted access on Sky channel number 949 and is situated in the adult section of the Sky electronic programme guide ( EPG ). House of Fun is based on interactive adult sex chat services: viewers are invited to contact onscreen female presenters via premium rate telephony services ( PRS ). The presenters dress and behave in a sexually provocative way while encouraging viewers to contact the PRS numbers. 

Ofcom received a complaint about the above broadcast. The complainant said that the content transmitted was too sexually explicit to be broadcast at the time it was shown because it showed full nudity, including shots of the presenters' genitals.

Ofcom viewed the material broadcast on 20 March 2010 between 22:00 and 23:00. It featured four presenters dressed in skimpy clothing: one female was wearing a white bra pulled down to expose her breasts and a flesh coloured g-string with white string thong over the top and flesh coloured stockings; a second female presenter was wearing only a purple g-string; a third female was dressed in a red bra, red skirt and flesh coloured g-string; and, the fourth presenter was wearing black lace knickers and black ripped stockings.

At various times during the broadcast the presenters adopted sexual positions, including lying on their backs with legs wide open to camera and kneeling on all fours while bending over with their buttocks spread to camera. While in these positions the presenters repeatedly carried out a number of sexually provocative acts. These included rubbing their breasts and nipples, stroking and jiggling their buttocks direct to camera and pulling their legs apart to reveal outer labial detail. The presenters also rubbed and touched themselves and each other around the tops of their thighs and on their outer labia, spread their buttocks to reveal outer labial and anal areas, and simulated masturbation on themselves with their fingers.

Ofcom considered:

• Rule 2.1 - the broadcaster must apply generally accepted standards
• Rule 2.3 - offensive material must be justified by context.

Ofcom Decision: Breaches of Rules 2.1 and 2.3

Ofcom considered the sexual images complained of were strong and capable of causing offence. On a number of occasions the female presenters adopted various sexual positions and, on occasions, due to their skimpy underwear, did reveal some outer labial and anal detail, despite the broadcaster's assertions to the contrary.

Ofcom concluded that overall the broadcast of the offensive material described above was not justified by the context. Given the overall content of the broadcast, the intrusive and sometimes prolonged and frequent scenes of a sexual nature (including the presenters adopting sexual positions and simulating masturbation) and the inclusion of images of the presenters' outer labial and anal areas), the time of broadcast and location of the channel were not sufficient to justify the broadcast of the material.

The material shown was strongly sexual and would have exceeded the likely expectation of the vast majority of the audience watching a channel without mandatory restricted access at this time. [But surely this hardly applies to babe channel viewers who expect this level of sexy fun and would actually prefer more!].

Ofcom was also concerned at the degree of offence likely to be caused to viewers who might come across this material unawares.

Ofcom noted the broadcaster's assertion that the complainant was incorrect in his assumption that the performers were not wearing underwear and showed their genitals. After viewing of material between 22:00 and 23:00 it was apparent that the presenters were wearing flesh coloured underwear.

However in Ofcom's opinion, the flesh tones of the g-strings were intended by the broadcaster to give the impression to viewers that they were in fact not wearing underwear, in particular by the presenter in a red skirt.

Ofcom does not dispute the Licensee's assertion that the viewer is free to choose what he watches on television. However, any content broadcast by an Ofcom licensee must comply with the provisions of the Code. As already pointed out, the weight attached to freedom of expression is less when it concerns sexual imagery  broadcast to promote a product or service, or primarily for reasons of sexual stimulation. For these reasons, Ofcom considers that the material complained of breached generally accepted standards.

This broadcast therefore breached Rules 2.1 and 2.3 of the Code.

A few months ago Ofcom initiated a consultation about the censorship of what it calls Participation TV, This refers to channels that are continuous advertising for premium rate telephone services such as babe channels.

The basic change is that in the past these have been regulated as TV programmes by Ofcom. However they will now be considered and regulated as advertising traditionally with stricter censorship rules. However babe channels simply can't exist within such constraints but Ofcom will relax the advertising rules to allow the channels to continue.

However the censorship task will not be picked up by the current advert censors of the Advertising Standards Authority (ASA) but will continue to be imposed by Ofcom, at least for the time being.

Perhaps the most immediate consequence of the changes coming into force on 1st September 2010 is that viewers of babe channels on digital terrestrial TV will be restricted to the late night slot starting from midnight.

Ofcom explain further in their Participation TV: Regulatory Statement :

Ofcom published a third consultation on Participation TV: rules on the promotion of premium rate services. The consultation confirmed Ofcom's decision to amend the Broadcasting Code to clarify that services designed primarily to promote Premium Rate Service (PRS) lines would not be considered as editorial in nature but would be treated as advertising. Advertising is regulated under the BCAP Broadcast Advertising Standards Code.

The consultation set out the new rules and associated guidance under the Broadcasting Code. on 3 November 2009. This document is Ofcom's regulatory statement on this consultation.

Our impact assessment suggested that relatively few services will be significantly affected by this change and need to modify their services. However, two categories of service – Adult Chat

However, research commissioned by Ofcom on audience views of Participation TV services showed that viewers are generally tolerant of such services continuing to be broadcast, subject to certain safeguards to ensure that services are appropriately labelled and positioned so that viewers do not chance upon them unintentionally.

1.7 The consultation set out four options for the future regulation of Adult Chat PTV services. These options were:

1. Retain the current rules, allowing promotion of PRS of a sexual nature on encrypted channels only
2. Allow promotion of PRS of a sexual nature on open access channels in spot advertising and teleshopping, subject to scheduling restrictions
3. Allow promotion of PRS of a sexual nature in spot adverts subject to scheduling restrictions, but with teleshopping promotion only allowed on encrypted channels
4. Allow promotion of PRS of a sexual nature on dedicated teleshopping channels subject to scheduling restrictions and labelling rules, but spot advertising remains only on encrypted channels.

We stated that Option 4 was Ofcom's preferred option for regulation of promotion of these services. We proposed amendments to the relevant rules in the Advertising Code, to be introduced when the changes to the Broadcasting Code come into effect.

The proposed Advertising Code rules for promotion of telecommunications based sexual entertainment services required channels to be appropriately positioned and labelled within an Adult or similar section of an Electronic Programme Guide (EPG) on any platform. Digital Satellite (Sky, Freesat) and Digital Cable (Virgin Media) platforms operate segregated genre-based EPGs including an Adult section: channels on these platforms would be able to meet the conditions the proposed rule.

However, due to the lack of a segregated EPG on most set-top boxes, channels would currently be unable to meet the conditions for promotion (unless in encrypted form) on the Digital Terrestrial Television (DTT) platform. The most commonly used operator on the DTT platform is Freeview.

Ofcom notes that, compared to other TV platforms, DTT provides a smaller number of channels to access; also, not all receivers offer parental controls, to block either individual channels or groups of channels on the platform. The risk of unintentional viewing is therefore higher than with other platforms, and we consider that a stricter timing restriction should be introduced for DTT: that adult sex chat services should be allowed only between midnight and 0530 hours, rather than 2100-0530 on other platforms.

The revised Advertising Code is due to come into effect on 1 September 2010. The amended rules will be effective from this date.

The revised Advertising Code rules will require TV channels wishing to promote telecommunications based services sexual entertainment services or live psychic PRS to ensure that they are licensed for the purpose of the promotion of such services. These licences are currently categorised as editorial in the annex to the licence, and will need to be amended to be teleshopping licences. Broadcasters would therefore need to request an amendment to the annex to their licence to reflect these requirements should they wish to broadcast such content.

Ofcom, BCAP and the Advertising Standards Authority (ASA) have agreed that, for the time being, Ofcom will be the regulatory body for Participation TV (defined as all types of long-form advertising that are primarily dependent on promotion of Premium Rate Service phone lines, and other paid interaction with content). This includes services currently regulated by Ofcom (adult chat, psychic, quiz) and others currently regulated by the ASA (gambling, message boards, dating).

Later on Ofcom respond to pints made in the consultation:

BCAP express concern that some adult sex chat services may currently breach the requirements of the Broadcasting Code in relation to avoidance of offence from sexual material. Where breaches of the Ofcom Broadcasting Code occur, Ofcom has taken firm regulatory action in relation to these particular broadcasters. It would not, in our view, be proper in effect to enforce closure of all operators in a particular field, as a response to the transgressions of some. Moreover, programming on Adult Chat PTV will continue to be subject to the requirement not to “cause serious or widespread offence against generally accepted moral, social or cultural standards, or offend against public feeling” in accordance with Rule 6.1 of the Advertising Code. This provision is comparable with Rule 2.1 of the Broadcasting Code which requires broadcasters to apply generally accepted standards so as to provide adequate protection for members of the public from the inclusion in such services of harmful and/or offensive material. As a result, Adult Chat PTV will continue to be required to comply with rules relating to offence under the Advertising Code.

Ofcom does not consider that, to date, the primary purpose of adult sex chat services has normally been sexual arousal. In our judgement, the primary purpose is the generation of calls to the PRS lines. The content must be less sexually explicit than what is permitted on encrypted services with mandatory access restrictions. Where the content goes beyond the rules of the Codes in relation to offence, and its primary purpose appears to be sexual arousal, Ofcom has taken and will continue to take very robust regulatory action.

Elite Days
Elite, 31 March 2010, 15:00 to 16:00

Elite is owned and operated by Prime Time TV Ltd. The channel broadcasts interactive daytime and adult-sex chat programmes that are freely available and without mandatory restricted access. It is located in the adult section of the Sky Electronic Programme Guide ( EPG ) on Channel 911. Viewers can contact the onscreen female presenters via a premium rate telephone or text number ( PRS ). Generally the female presenters dress and behave in a provocative and/or flirtatious manner.

'A' viewer was concerned that during this daytime output the presenter was shown continually thrusting her body and mimicking sexual intercourse and this was inappropriate for the time of transmission.

Ofcom viewed the material broadcast between 15:00 and 16:00 and noted that the presenter was wearing a skimpy gold lam thong swim suit. During the broadcast she was shown sitting on a sofa facing the camera and lying on her side. While in these positions the presenter spread her legs wide apart for prolonged periods of time and she repeatedly gyrated her pelvis. The presenter also repeatedly stroked and caressed the top of her thighs and breasts, and pinched her nipples.

Ofcom considered Rule 1.3 of the Code (children must be protected by appropriate scheduling from material that is unsuitable for them).

Ofcom Decision: In Breach

Ofcom has made clear in previous published findings what sort of material is unsuitable to be included in daytime interactive chat programmes. Some of these findings involved channels licensed to Prime Time TV. Presenters of daytime chat services should not at any time appear to mimic or simulate sexual acts before the watershed or behave in a sexual manner, by for instance adopting sexual positions. These decisions were also summarised in a guidance letter sent by Ofcom to daytime and adult sex chat broadcasters, including the Licensee, in August 2009.

In Ofcoms view the material shown in this broadcast was clearly unsuitable for children. We do not agree with the broadcasters view that this was equivalent to looking at any woman in a bikini, lingerie or fully clothed. During this broadcast the female presenter, who was wearing very skimpy clothing, was shown on a sofa in sexually suggestive poses for prolonged periods of time. In particular, she was shown sitting down facing the camera and lying on her side, and in both positions she had her legs wide apart. While in these positions the presenter behaved in a sexual manner by repeatedly gyrating her pelvis as though, in Ofcoms opinion, miming sexual intercourse. During this time she also repeatedly touched and stroked her body, including her breasts and the top of her thighs in a sexually provocative manner. We concluded that this content had no editorial justification for broadcast at this time. Its purpose was clearly sexual stimulation with the aim of attracting PRS income and was not suitable to promote daytime chat. Further, contrary to the broadcasters assertion, the material in this instance was stronger than content broadcast in daytime soaps and videos shown on pre-watershed music channels (because, for example, the shots of the presenter here were more prolonged and sexually provocative, and were not part of an editorial narrative).

This unsuitable content was not appropriately scheduled and was therefore in breach of Rule 1.3.

Ofcom have found a few more examples of mild sex material to have a rant at on the various day and night time babe channels.

Ofcom predictably found all the examples in breach of their code and so concluded:

Ofcom is presently considering the imposition of a statutory sanction against Bang Media (London) Limited and Bang Channels Limited for material transmitted between 20 June and 25 November 2009. In light of Bang Media and Bang Channels Limiteds serious and/or repeated breaches of the Code and Condition 11 of their licences, and their continued transmission after 25 November 2009 of content which appears similar in nature to that which had already been found in breach of the Code, Ofcom issued them with a Direction on 12 March 2010.

As a result of the serious and repeated nature of the breaches recorded in these current findings, and those recorded against Bang Media (London) Limited elsewhere in this Bulletin and in Bulletin 157, the Licensee is put on notice that these present contraventions of the Code are being considered for statutory sanction.

Ofcom are continuing their long term whinge abiout the free to air babe channels of the Bang Babes/Tease Me stable

Ofcom considered

• Bang Babes Tease Me 3, 16 January 2010, 03:20
• Bang Babes Tease Me, 17 January 2010, 00:30

Bang Babes is an adult sex chat service, owned and operated by Bang Channels Limited ( Bang Channels or the Licensee ) and available freely without mandatory restricted access on the channels Tease Me and Tease Me 3 (Sky channel numbers 912 and 959). Both channels are situated in the adult section of the Sky electronic programme guide ( EPG ). These channels broadcast programmes after the 21:00 watershed based on interactive adult sex chat services: 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.

Ofcom received a complaint about the following broadcasts. The complainant said that the content transmitted was too sexually explicit to be available without mandatory restricted access.

Ofcom considered

• Rule 1.18 ('Adult sex material' - material that contains images and/or language of a strong sexual nature which is broadcast for the primary purpose of sexual arousal or stimulation - must not be broadcast at any time other than between 2200 and 0530 on premium subscription services and pay per view/night services which operate with mandatory restricted access. In addition, measures must be in place to ensure that the subscriber is an adult)
• Rule 2.1 (the broadcaster must apply generally accepted standards)
• Rule 2.3 (offensive material must be justified by context).

Ofcom Decision

Having assessed this programme's content and purpose, Ofcom considered that the material broadcast constituted adult-sex material. Its broadcast, without mandatory restricted access, was therefore in breach of Rule 1.18.

Ofcom is concerned that the Licensee considers material, such as extensive genital and anal detail and simulated masturbation in a sexual context such as this, to be acceptable for broadcast without mandatory restricted access.

Ofcom concluded that this content was clearly not justified by the context and was in breach of generally accepted standards and therefore in breach of Rules 2.1 and 2.3 of the Code.

Daytime Babes

• The Pad Tease Me, 26 February 2010, 11:45
• The Pad Tease Me 3, 27 February 2010, 11:45
• Tease Me: Earlybird Tease Me TV (Freeview), 26 January 2010, 07:15

The Pad is a televised daytime interactive chat programme broadcast without mandatory restricted access. It is broadcast on the Tease Me and Tease Me 3 channels, which are located in the adult section of the Sky Electronic Programme Guide ( EPG ) on channel numbers 912 and 959. The channels are owned and operated by Bang Channels Limited ( Bang Channels or the Licensee ). Viewers are invited to contact onscreen female presenters via premium rate telephony services ( PRS ). The presenters generally dress and behave in a provocative and/or flirtatious manner.

Ofcom received a complaint about the above broadcast. The complainant was concerned that the presenter was shown exposing nipples on several occasions and considered the content inappropriate for the time of broadcast.

Ofcom considered

• Rules 1.3 (children must be protected from unsuitable material by appropriate scheduling)
• Rule 2.3 (offensive material must be justified by context).

Ofcom Decision

In Ofcom's opinion the sexual imagery shown to viewers during both daytime broadcasts had no editorial context other than sexual stimulation. It was therefore not editorially justified and so not appropriately scheduled and in breach of Rule 1.3.

In Ofcom's view the material broadcast at this time on this service exceeded generally accepted standards and was in breach of Rule 2.3 of the Code.

Considering Sanctions

Ofcom is presently considering the imposition of a statutory sanction against Bang Media (London) Limited and Bang Channels Limited for material transmitted between 20 June and 25 November 2009. In light of Bang Media and Bang Channels Limited's serious and/or repeated breaches of the Code and Condition 11 of their licences and their continued transmission of content which appears similar in nature to that which had been found in breach of the Code, Ofcom issued them with a Direction on 12 March 2010.

As a result of the serious and/or repeated nature of the breach recorded in this current finding, and those recorded against Bang Channels Limited elsewhere in this Bulletin, the Licensee is put on notice that this present contravention of the Code is also being considered for statutory sanction.

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.

The UK TV Censor, Ofcom, has issued a final warning about the sexy content of the Tease Me babe channels

Bang Channels Ltd is licensed by Ofcom to provide the services known as Tease Me, Tease Me 2, Tease Me 3. Bang Media (London) Ltd is licensed by Ofcom to provide the service on Freeview known as Tease Me TV.

Ofcom has recently published in Broadcast Bulletins 151, 152 and 153 various breaches of the Broadcasting Code against each of Bang Channels and Bang Media. Ofcom also published various breaches of Condition 11 (retention and production of recordings) of their Licences. Since these breaches were serious and repeated, Bang Channels and Bang Media were warned that Ofcom was considering these contraventions for statutory sanction.

Despite these published findings, Ofcom is concerned that Bang Channels and Bang Media are continuing to transmit content that is in breach of the Code in that it appears similar in nature to that already found in breach of the Code on a number of occasions.

Ofcom therefore on 12 March 2010 issued formal directions against each of Bang Channels and Bang Media requiring them:

• to comply forthwith with the Broadcasting Code (in particular sections 1 and 2) and Condition 11 of their licences (retention and production of recordings);
• to stop transmitting forthwith any content which is materially similar to that already found in breach of the Broadcasting Code by Ofcom; and
• immediately to confirm these actions to Ofcom in writing.

Failure to comply with a Direction given by Ofcom could give rise to consideration of a statutory sanction and may result in the revocation of relevant licences.

Bang Babes is an adult sex chat service, owned and operated by Bang Channels Limited, and available freely without mandatory restricted access on the channels Tease Me and Tease Me 3 (Sky channel numbers 912 and 959). Both channels are situated in the adult section of the Sky electronic programme guide ( EPG ). These channels broadcast programmes after the 21:00 watershed based on interactive 'adult' sex chat services: 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.

Ofcom have published another set of multiple whinges about these programmes:

Bang Babes, Tease Me, 7 November 2009, 23:30

Ofcom noted that the broadcast featured two presenters. Both women were topless. The presenter in black was shown apparently licking and spitting on the other presenter's genital area. She also pulled down the other presenter's thong, pulled her buttocks apart and licked her anal area. During the broadcast the presenter in black was shown bent over on all fours with her thong moved to the side to briefly reveal her genital area. The presenters licked and sucked each other's breasts. The broadcast also included close up shots between the presenters' legs while they apparently touched and rubbed each other's genital area.

Bang Babes, Tease Me, 13 November 2009, 23:00

Ofcom noted that the broadcast featured a presenter wearing a black thong and black stockings. Her top was pulled down to reveal her breasts. During the broadcast she adopted various sexual positions, including kneeling on all fours with her buttocks to camera and also lying on her back with her legs spread wide apart. While doing so the presenter repeatedly: pulled her buttocks apart to reveal her anus and genital area; spat on her fingers and vigorously rubbed saliva around her anal and genital area and rubbed her thong against her genitals; opened her legs to expose extensive labial detail; mimed the insertion of an object into her anus and the performance of oral sex on a man using her fingers; and spat saliva over her breasts.

Bang Babes, Tease Me, 24 November 2009, 22:00- 23:59

This broadcast featured two presenters. One presenter was wearing black fishnet stockings and a black thong. She was not wearing a top. The other presenter was wearing a red bra pulled down to expose her breasts, a red thong and red 9 stockings with large holes in them. During the broadcast the presenters were shown apparently licking each other's genital and anal area in a realistic way and on one occasion this act was carried out while one of the presenters had pulled her thong to the side. The presenters also licked each other's breasts, spat into each other's mouths and apparently simulated masturbation on each other in a realistic way by rubbing each other's genital area. The presenter in black was also shown miming oral sex using a phone and lightly slapping the other presenter across the face.

Bang Babes, Tease Me, 25 November 2009, 00:00 - 05.30

This broadcast also featured two presenters. One presenter was wearing a skimpy pink thong, pink socks and pink fingerless gloves. Her pink bra was pulled down to expose her breasts. The other presenter was wearing a skimpy red thong and black fishnet stockings. Her black fishnet top was pulled down to show her breasts. During the broadcast the presenter wearing pink pulled the other presenter's thong to the side and briefly but clearly inserted a lollypop into her vagina. The two presenters then sucked the lollypop. In addition, the presenters were shown bent over on all fours at various times, and due to the skimpy thongs they were wearing genital and anal detail was shown. The presenters touched and apparently licked each other's genital and anal areas in a realistic way. The presenters were also shown: miming the insertion of an object into their anus; miming oral sex using their fingers and a phone; spanking each other; and licking each other's breasts.

Promotion of the www.bangbabes.tv website address

In addition, after viewing the content complained of Ofcom noted that during all four broadcasts the website www.bangbabes.tv was promoted. When accessed by Ofcom this website featured images of a strong sexual nature equivalent to BBFC R18-rated material ( R18-rated equivalent material ) which could be readily viewed without appropriate protections.

Ofcom considered:

• Rule 1.24 ('adult-sex' material is restricted to overnight services with mandatory restricted access)
• Rule 2.1 (generally accepted standards)
• Rule 2.3 (material which may cause offence must be justified by context) of the Code.

And predictably Ofcom found that all of these rules had been Breached

Ofcom also had a whinge about the following programmes where recordings weren't made available.

Tease Me, 31 October 2009, 00:00-05.30
Tease Me 3, 31 October 2009, 00:00-05.30
Tease Me, 5 November 2009, 00:00-05.30
Tease Me, 15 November 2009, 00:00-05.30
Tease Me 2, 24 November 2009, 22:00- 23:59

The Licensee said that on 30 November 2009 Ofcom requested recordings of five separate transmissions representing over twenty hours of broadcast footage. It added that it has invested heavily in developing off-air recording technology, which would facilitate the making of recordings. However, it stated that even the most advanced and robust of systems would have huge difficulty downloading over twenty hours of video footage.  It estimated that Ofcom's request cost its compliance team over eighty man hours or two working weeks .

So Ofcom also recorded a Breach of Licence Condition 11 (Retention and production of recordings)

Ofcom ended with the note:

On 8 February 2010 in Broadcast Bulletin 151 Ofcom published a number of breaches of the Code against Bang Channels Ltd. On 22 February 2010 in Broadcast Bulletin 152, Ofcom published further breaches of the Code. Broadcast Bulletin 152 also contained breach findings recorded against another Licensee, Bang Media (London) Ltd. These decisions relate to Bang Media's channel on Freeview, Tease Me TV. In the current Broadcast Bulletin (153) Ofcom has published further breaches of the Code.

Ofcom considers these breaches to be both serious and repeated. As is made clear in Broadcast Bulletins 151, 152 and 153 these breaches are serious and/or repeated and are therefore being considered by Ofcom for statutory sanction. Bang Media and Bang Channels are controlled by the same person and all editorial compliance decisions regarding both Bang Media and Bang Channels are taken by one compliance team.

For these reasons Ofcom will consider for sanction together all serious and/or repeated Code or licence breaches for which Bang Media and Bang Channels are responsible.

Comment: Look Again Ofcom

11th March 2010. from IanG

Ofcom said: "In addition, after viewing the content complained of Ofcom noted that during all four broadcasts the website www.bangbabes.tv was promoted. When accessed by Ofcom this website featured images of a strong sexual nature equivalent to BBFC R18-rated material (R18-rated equivalent material) which could be readily viewed without appropriate protections".

This is still an outright LIE Ofcom. There was/is no such material on this site available without a credit card and age verified subscription. And more to the point, YOU'RE not qualified nor empowered by law to make any such judgements. Strong sexual material means real, unsimulated, explicit sex acts - that's according to the BBFC's clear, concise, published guidelines. There was/is NO such material on this site available to anyone who isn't a verified adult subscribing member.

YOU need a refresher in what R18 ACTUALLY looks like Ofcom, because clearly, you've got some very strange and incorrect ideas about it.

Friendly TV, 3 April 2009 to 5 July 2009 Bedroom TV, 4 April 2009 to 22 April 2009

Both Friendly TV and Bedroom TV provide daytime chat and (post watershed) adult sex chat services encouraging viewers to call a premium rate service ( PRS ) telephone number and talk to an onscreen presenter.

Bedroom TV ceased broadcasting in November 2009. Friendly TV ceased broadcasting in January 2010.

Springdoo Media Ltd owns and operates the television service Friendly TV.  User Generated Broadcasting Ltd owns and operates the television service Bedroom TV. Springdoo Media Limited and User Generated Broadcasting Limited are sister companies under common ownership and control. All editorial compliance decisions regarding the companies were taken by a centralised compliance team.

On 26 February 2010, Ofcom published its decision to impose a statutory sanction on Springdoo Media Limited in respect of its Friendly TV service, for seriously and repeatedly breaching the Ofcom Broadcasting Code and for failing to comply with condition 11 of its Television Licensable Content Service Licence ( licence ). Ofcom also published its decision to impose a statutory sanction on User Generated Broadcasting Limited in respect of its Bedroom TV service, also for failing to comply with condition 11 of its licence.

Summary of Decisions

Springdoo Media Limited (owner of Friendly TV) was found in breach of the following Code rules:

• Rule 1.6: transition to more adult material post-watershed
• Rule 2.1: generally accepted standards
• Rule 2.3: material that may cause offence must be justified by context.

Ofcom found Springdoo Media Limited in breach of these rules due to the following conduct:

• Broadcasting strong and explicit sexual images which were not suitable for broadcast in the period immediately following the 21:00 watershed on a service which was freely available to view without access restrictions (breach of Rule 1.6). The broadcast of such images, so close to the watershed, caused serious concern for Ofcom.
• Broadcasting sexual material that would have exceeded the expectations of viewers watching a channel without access restrictions, especially those who may have come across this content unawares (breaches of Rules 2.1 and 2.3).

Ofcom imposed a financial penalty of £6,000 in respect of these Code breaches by Springdoo Media Limited.

Springdoo Media Limited (owner of Friendly TV) and User Generated Broadcasting Limited (owner of Bedroom TV) were also both found in breach of  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 imposed financial penalties on Springdoo Media Limited and User Generated Broadcasting Limited of £6,000 and £12,000 respectively for breaches of condition 11 of their licences.

In total, Ofcom imposed a total financial penalty of £24,000.

Bang Babes is an adult sex chat service, owned and operated by Bang Channels Limited, and available freely without mandatory restricted access on the channels Tease Me and Tease Me 3 (Sky channel numbers 912 and 959). Both channels are situated in the adult section of the Sky electronic programme guide ( EPG ). These channels broadcast programmes after the 21:00 watershed based on interactive 'adult' sex chat services: 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.

Ofcom have published multiple whinges about these programmes:

Bang Babes, Tease Me 3, 30/31 October 2009, 23:20 to 00:20

The complainant said the content included in the programme was too sexually explicit to be available without mandatory restricted access.

Bang Babes, Tease Me 3, 7 November 2009, 21:45 to 22:30

The complainant here was concerned that the presenter was wearing inadequate underwear which resulted in images of her anus being shown.

Bang Babes, Tease Me, 13/14 November 2009, 23:45 to 00:30

The complainant was concerned that the broadcast included prolonged graphic and intrusive images of vaginal and anal detail, and of simulated masturbation.

Promotion of the www.bangbabes.tv website address – for all broadcasts

In addition, after viewing the content complained of Ofcom noted that during all three broadcasts the website www.bangbabes.tv was promoted. When accessed by Ofcom this website featured images of a strong sexual nature equivalent to BBFC R18-rated material ( R18-rated equivalent material ) which could be readily viewed without appropriate protections. Although this R18-rated equivalent material was not broadcast on-air, Ofcom was concerned that it appeared on a website being promoted on Ofcom licensed services freely available without mandatory restricted access from 21:00.

Ofcom considered:

• Rule 1.241 ('adult-sex' material is restricted to overnight services with mandatory restricted access)
• Rule 2.1 (generally accepted standards)
• Rule 2.3 (material which may cause offence must be justified by context) of the Code.

And predictably Ofcom found that all of these rules had been Breached

Ofcom also had a go at The Pad, the daytime equivalent to Bang Babes

The Pad Tease Me, 6 November 2009, 12:00 to 13:00 and 14:00 to 15:00

The Pad is a televised daytime interactive chat programme broadcast without mandatory restricted access. It is broadcast on the Tease Me channel, which is located in the adult section of the Sky Electronic Programme Guide ( EPG ) on channel number 912. Tease Me is owned and operated by Bang Channels Limited ( Bang Channels or the Licensee ). Viewers are invited to contact onscreen female presenters via premium rate telephony services ( PRS ). The presenters generally dress and behave in a provocative and/or flirtatious manner.

The complainant suggested that the material broadcast was too strong for transmission at these times.

Ofcom viewed the material and noted that both broadcasts featured the same presenter. On both occasions she was wearing skimpy black PVC knickers and a skimpy boob tube top with Playmate written on it. During both broadcasts she was shown lying on her back with her legs wide open for prolonged periods of time. While doing so she repeatedly gyrated and thrust her pelvis as though miming intercourse. While in this position the presenter also stroked her stomach and pulled down the side of her knickers in a sexually provocative manner. The presenter also lay on her front during the programmes for prolonged periods of time. While in this position she pulled down her knickers to reveal the top of her bottom, and also raised her bottom in the air and repeatedly gyrated her pelvis in a sexual manner.

Ofcom found this programme to be in breach of

• Rule 1.3 (children must be protected from unsuitable material by appropriate scheduling).

Ofcom found more examples

TMTV Tease Me TV (Freeview), 3 November 2009, 05:00

Also found in breach of Rules 2.1 and 2.3

Ofcom also wanted to have a whinge about:

Bang Babes Tease Me TV (Freeview), 23 November 2009, 3:00

Early Bird Tease Me TV (Freeview), 23 November 2009, 7:30

But recordings were not available so Ofcom had a whinge about that instead.

And Ofcom re-affirmed their intention to punish Bang Media for these transfressions:

Ofcom explained in Broadcast Bulletin 151 that as a result of these breaches, it was notifying the licensee that it was considering the imposition of statutory sanctions.  In the current Broadcast Bulletin (152), Ofcom has published further breaches of the Code as regards services for which Bang Channels holds the licences, Tease Me and Tease Me 3.

As is made clear in Broadcast Bulletins 151 and 152, these breaches are serious and/or repeated and are therefore being considered by Ofcom for statutory sanction.

Bang Media and Bang Channels are controlled by the same person and all editorial compliance decisions regarding both Bang Media and Bang Channels are taken by one compliance team, For these reasons Ofcom will consider for sanction together all serious and/or repeated Code or licence breaches for which Bang Media and Bang Channels are responsible.

Party People
Get Lucky TV, 29 November 2009, 17:25

Party People is an interactive chat programme where viewers can contact the onscreen presenters via a premium rate telephone or text number ('PRS'). Generally, the female presenters dress and behave in a provocative and/or flirtatious manner.

Party People is broadcast in the adult section of the Sky electronic programme guide ('EPG') and is freely available without mandatory restricted access.

Ofcom received a complaint from a viewer who was concerned that the behaviour and attire of one of the presenters was unsuitable for the time of broadcast in the late afternoon. Ofcom noted the presenter in question wore a pair of knickers and a halter-neck bikini top and lay variously on her front and side, facing the camera. During the broadcast, she pulled the side of her knickers down towards her upper thighs, stroked her body and appeared to mime sexual activity.

Ofcom considered Rule 1.3 (children must be protected by appropriate scheduling from material that is unsuitable for them).

Ofcom Decision: Breaches of Rule 1.3

Rule 1.3 makes clear that children should be protected from material which is unsuitable for them by appropriate scheduling. The behaviour of presenters for daytime chat services must not appear to mimic or simulate sexual acts before the watershed.

In this case the presenter was dressed in knickers and a halter-neck bikini top and was shown lying on her front, facing towards the camera. The presenter occasionally lay on her side and tucked her thumb under her knickers to pull them down to the top of her thigh. The broadcast contained numerous close-up, panning shots of her body, including of her cleavage and groin. The presenter also: thrust her hips and pelvis as though miming sexual activity; rubbed her hand over her thighs and bottom; arched her back to emphasise her breasts, and opened her legs while lying on her side.

In Ofcom's view the actions of, and positions adopted by, the presenter were intended to be sexually provocative in nature. The material was therefore not editorially justified, and Ofcom considered clearly unsuitable for children.

Ofcom has made clear that the location of a channel in the adult section of the Sky EPG, available freely without mandatory restricted access, does not in itself provide adequate protection to under-eighteens form inappropriate material. Therefore the material was in breach of Rule 1.3.

Elite Days 4-25 November 2009, 09:00 - 19:45
Elite Nights 2 October 2009, 22:00

The channels Elite TV and Elite Days are owned and operated by Prime Time TV Limited. The Channels broadcast interactive chat programmes that are freely available and without mandatory restricted access. They are located in the adult section of the Sky Electronic Programme Guide ( EPG ). Elite is situated on Channel 911 of the EPG and Elite TV at Channel 965 of the EPG. Viewers can contact the onscreen female presenters via a premium rate telephone or text number ( PRS ). Generally the female presenters dress and behave in a provocative and/or flirtatious manner.

Ofcom received complaints about several programmes on the Channels.

On viewing the daytime material Ofcom noted that the presenter, seated on a sofa and dressed in a low cut gold lamé swimsuit and black high heeled shoes, had her legs wide apart while repeatedly stretching one leg above her head allowing viewers a more open shot of her crotch area. In addition, there were sequences in which the camera, in close-up, focused on the presenter's crotch while the presenter slowly gyrated her pelvis.

In another broadcast the same presenter was seen in two sequences. Firstly she was dressed in black PVC underwear and subsequently she wore a blue swimsuit with knee length stiletto heeled boots. In both sequences she was positioned on a sofa with her legs apart. In the second sequence she was seen thrusting her buttocks for prolonged periods.

Re Post 21:00 watershed Elite Nights, Ofcom received a complaint that during this programme footage showed the presenter's underwear being pulled aside revealing exposure of genitals.

Ofcom viewed the material and noted that the presenter, wearing a gold lamé swimsuit on several occasions pulled her underwear aside and exposed her genital area. In addition Ofcom noted prolonged close up shots of the presenter with legs wide apart and sequences where she placed her hands inside her underwear.

Ofcom considered:

• Rule 1.3 – Children must...be protected by appropriate scheduling from material that is unsuitable for them
• Rule 2.3 – In applying generally accepted standards broadcasters must ensure that material which may cause offence is justified by the context.

Ofcom Decision: Breaches of Rules 1.3 and 2.3

Daytime Programming:

Ofcom's concerns centred on sequences such as the presenter seen sitting on a sofa with her legs apart in a sexually suggestive pose. The manner in which she raised one leg above her head, making the crotch area more visible was particularly suggestive. In addition Ofcom was concerned with the way in which the camera panned slowly over her body and lingered for lengthy periods on her crotch. While this was happening, the presenter gyrated her hips in a way which in Ofcom's opinion was sexually provocative and inappropriate for this time of day.

Rule 1.3 makes clear that children should be protected from material which is unsuitable for them by appropriate scheduling. The behaviour of presenters for daytime chat services must not at any time appear to mimic or simulate sexual acts before the watershed. In all of these cases the female presenters dressed in skimpy underwear, adopted various sexual positions and made the sexually suggestive gestures described above. This was not editorially justified.

In Ofcom's view the repeated actions and sexual positions of the presenter were intended to be sexually provocative in nature. In light of this behaviour, together with its lack of editorial justification, this material was clearly unsuitable for children and breached Rule 1.3.

Post 21:00 watershed:

Ofcom then considered the programme broadcast after the 21:00 watershed in light of Rule 2.3. The type of behaviour and images that concerned Ofcom included numerous instances of extreme close ups of the presenter's bottom as well as the genital areas with outer labial area visible. The strength of these images was increased by the presenter's behaviour in lifting up the thin piece of her swimsuit which covered her anus. In addition the presenter repeatedly bunched up the material at the front crotch area of her swimsuit so that her genital area was partly visible. Also, Ofcom had further concerns about some of the actions of the presenter. These included prolonged close up shots of the presenter with legs wide open and sequences involving the presenter placing her hands inside her swimsuit and apparently touching her genitals.

In Ofcom's view, the strongly suggestive nature of this material together with the overtly sexual behaviour of the presenter was such that it went beyond generally accepted standards. Given the strength of the content, Ofcom also notes the possibility of viewers at this time coming across this material unawares. Ofcom therefore concluded that this offensive content was not justified by the context and so went beyond what could be considered generally accepted standards. It was therefore in breach of Rule 2.3 of the Code.

Ofcom has had a meeting with this Licensee to explain the concerns it has over the broadcaster's compliance. Prime Time TV Limited should note that further breaches may result in Ofcom taking further regulatory action.

Bang Babes Tease Me,
20-23 June 2009, 00:00 to 02:45 approximately

Bang Babes is an adult sex chat service, owned and operated by Bang Channels Limited, and available freely without mandatory restricted access on the channel Tease Me (Sky channel number 912).

It is situated in the adult section of the Sky electronic programme guide ( EPG ). The channel broadcasts programmes after the 21:00 watershed based on interactive adult sex chat services: viewers are invited to contact on-screen female presenters via premium rate telephony services ( PRS ). The female presenters dress and behave in a sexually provocative way while encouraging viewers to call the PRS telephone line.

Ofcom noted that the programme contained a range of strong sexual material including some graphic images of a sexual nature.

20th June between 01:15 and 02:10 the broadcast featured three female presenters. Two of the presenters were wearing only thongs and the other presenter was wearing a thong and a bra, however her breasts were exposed as she pulled her bra down below her breasts. At various times during this broadcast the three presenters were shown carrying out or participating in a number of sexual acts. These included: close up shots of three presenters licking each other's breasts; touching and licking each other's genital and anal areas; and one presenter was shown simulating in a realistic way the insertion of her fingers into a co-presenter's anus. Anal and genital detail of the various presenters was also featured on a number of occasions.

Later two other presenters were shown carrying out or participating in a number of sexual acts. These included: one presenter bunching her thong around her genitals while the other licked around her genital area; simulating oral sex on each other; sucking and licking each other's breasts; spitting on their own and each other's breasts; and spitting near each other's genital and anal areas. Anal and genital detail of the various presenters was also featured on a number of occasions.

Later there were four presenters in shot. One of the new presenters was wearing a skimpy black thong and a black vest top, with her breasts exposed. The other was wearing a black thong and bra with her breasts exposed also. The four presenters split into pairs and were shown simulating masturbation and oral sex on each other in a realistic way. This was followed by four presenters simultaneously opening their legs to camera and simulating masturbation (touching their genital area). One presenter then appeared to lick the genital area of all the other presenters in turn.

Similar material was broadcast in subsequent nights programming

Ofcom considered Rules:

• 1.24 'adult-sex' material is restricted to overnight services with mandatory restricted access
• 2.1 generally accepted standards
• 2.3 material which may cause offence must be justified by context.

Ofcom Decision: Breach of Rules 1.24, 2.1 and 2.3

Rule 1.24 of the Code requires adult-sex material to be broadcast only between 22:00 and 05:30, and then only if mandatory restricted access is in place.

Through a series of published findings, and published decisions of the Content Sanctions Committee, Ofcom has made clear what constitutes adult-sex material

In considering the contents of each of these programmes Ofcom asked itself two questions:

• was the content of the programme adult-sex material
• did the broadcaster take appropriate steps to ensure that it was provided with sufficient contextual justification so as to ensure that it fell within generally accepted standards.

In relation to Rule 1.24, Ofcom examined the content of this broadcast and considered that it was of a very strong sexual nature and on some occasions explicit images of genital and anal detail. For example, the broadcast showed a presenter simulating in a realistic way the insertion of her fingers into a co-presenter's anus; images of presenters licking each other's genital areas; presenters spitting between and on each other's breasts and spitting on or near each other's genital and anal areas. Ofcom took account of the fact that the sequences were several minutes each in duration, and in some cases, were repeated.

In Ofcom's view, the primary purpose of broadcasting this material was clearly sexual arousal. Having assessed the programme's content and purpose, Ofcom considered that the material broadcast constituted adult-sex material. Its broadcast, without mandatory restricted access, was therefore in breach of Rule 1.24.

Ofcom is concerned that the Licensee considers material, such as genital detail and simulated masturbation, to be acceptable to broadcast after 22:00. Ofcom is also particularly concerned that the Licensee appears to have formed this view based on Ofcom's published decision regarding Bang Babes, Tease Me 2, 17 March 2008; 21:00–22:00 (Broadcast Bulletin Issue number 120), which states that such content in that particular broadcast was not suitable before 22:00.

In Ofcom's opinion by stating content is not suitable before a particular time does not therefore suggest it is automatically acceptable to broadcast later. Ofcom considers broadcast content on a case by case basis as contextual factors may differ, particularly regarding the nature of the content.

Ofcom then went on to consider whether the broadcast was also in breach of Rules 2.1 and 2.3 of the Code. In light of Ofcom's view that this material constituted adult sex material and therefore unsuitable for broadcast without mandatory restricted access, the broadcast was clearly capable of causing considerable offence. Ofcom therefore examined the extent to which there were any particular editorial or contextual factors that might have limited the potential for offence.

Ofcom noted that the programme was broadcast along time after the watershed and that viewers tend to expect stronger sexual material to be shown later at night. Ofcom also took account of the fact that the channel was positioned in the adult section of the Sky EPG and that viewers tend to expect the broadcast of stronger sexual material on channels in this section of the EPG than would be expected to be included on other channels. However, in this case, given the prolonged and frequent scenes of a very strong sexual nature and the inclusion of explicit images of genital and anal details (provided for the purpose of sexual arousal) the time of broadcast and location of the channel were not sufficient to justify the broadcast of the material shown was so strongly sexual that it would have exceeded the likely expectation of the vast majority of the audience.

Ofcom concluded that this content was clearly not justified by the context and was in breach of generally accepted standards. This broadcast was also therefore in breach of Rules 2.1 and 2.3 of the Code.

Ofcom has notified the Licensee that it is considering these contraventions of the Code for statutory sanction in light of their seriousness and/or repeated nature.

Top Shelf TV , 17 September 2009, 16:45

Top Shelf TV is owned and operated by Playboy TV UK/Benelux Limited. Top Shelf TV is a televised interactive chat channel available freely without mandatory restricted access. The channel is situated in the adult section of the Sky Electronic Programme Guide ( Sky EPG ) on Channel 911. Viewers can call a premium rate telephone number and talk to onscreen female presenters. The presenters generally dress and behave in a provocative and/or flirtatious manner.

On 17 September 2009 routine Ofcom monitoring raised concerns about some material broadcast on Top Shelf TV before the watershed at 16:45. A woman, dressed in skimpy black underwear, stockings, suspenders and stilettos repeatedly lay on her back facing the camera with her legs spread wide apart for prolonged periods of time. While doing so she repeatedly thrust her groin area in close-up to camera as though miming intercourse, and stroked and caressed her body in a sexually provocative manner. This material was presented with background music.

Given the time of broadcast in the late afternoon and that it was available without any access restrictions,

Ofcom considered Rule 1.3 (children must be protected by appropriate scheduling from material that is unsuitable for them).

Ofcom Decision: In breach

The behaviour of presenters for daytime chat services must not at any time appear to mimic or simulate sexual acts before the watershed. In this case the female presenter dressed in skimpy underwear adopted various sexual positions including lying on her back with her legs wide open for prolonged periods of time and thrusting her groin repeatedly in close up to camera as though miming sexual intercourse, while stroking her thighs and buttocks. In Ofcom's opinion the sexual imagery shown to viewers had no editorial context other than sexual stimulation. It was therefore not editorially justified. In Ofcom's view the repeated actions and sexual positions of the presenter were intended to be sexually provocative in nature. In light of this behaviour, together with its lack of editorial justification, in Ofcom's view (and admitted by Playboy) this material was clearly unsuitable for children.

Given the sexual nature of the content, the location of the channel in the adult section of the EPG and its scheduling at 16:45 were not sufficient to provide adequate protection to prevent children from viewing this material. Ofcom has repeatedly made clear that the location of a channel in the adult section of the Sky EPG, available freely without mandatory restricted access, does not in itself provide adequate protection to under-eighteens from inappropriate material. Therefore the material breached Rule 1.3

Live 960 , 11 September 2009, 22:00

Live 960 is owned and operated by Hoppr Entertainment Limited ( Hoppr Entertainment ). Live 960 is a daytime chat and adult sex chat channel service available freely without mandatory restricted access. The channel is situated in the adult section of the Sky electronic programme guide ( EPG ). The channel broadcasts programmes after the 21:00 watershed based on interactive adult sex chat services: 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 call the PRS telephone line.

A viewer complained about the strong adult content shown during this broadcast. This showed two presenters carrying out a number of sexual acts on each other. At various points in the broadcast the presenters were wearing skimpy thongs and tops that were open to reveal their breasts, spitting on each other's knickers and licking each other's breasts, and were shown touching and apparently licking each other's genital areas. The broadcast included prolonged and close up shots between the presenters' legs while simulating masturbation. It also included an image of one of the presenters moving her thong to one side to briefly reveal her genitals, while the other simulated the performance of oral sex on her.

Ofcom considered rules:

• 1.24 (-1-) ('adult-sex' material)
• 2.1 (generally accepted standards)
• 2.3 (material that may cause offence must be justified by context).

Ofcom Decision: Breach of Rules 1.24, 2.1 and 2.3

Rule 1.24 requires adult-sex material to be broadcast only between 22:00 and 05:30, and then only if mandatory restricted access is in place.

Ofcom noted that the broadcast material complained of showed the two presenters apparently performing oral sex and masturbation on each other (head between legs, licking and touching other presenters' genital areas). In Ofcom's opinion, a viewer could reasonably have perceived some of these sexual acts as real. The presenters were also shown spitting on and licking each other's knickers and one presenter very briefly showed her genitals. Ofcom considered that these images broadcast during the programme were clearly of a strong sexual nature and that the primary purpose of this material was sexual arousal or stimulation.

In Ofcom's view this content had insufficient editorial or contextual justification to allow its exceptional transmission without mandatory restricted access on free-to-air television. This content was, in Ofcom's view, adult-sex material and its broadcast was in breach of Rule 1.24, which requires such material to be broadcast only after 22:00 with mandatory restricted access. The broadcasts were therefore in breach of Rule 1.24 of the Code.

Ofcom considered that factors such as its location in the adult section of the EPG and the content being broadcast after 21:00 did not justify the broadcast of this material in this instance. Ofcom also notes the possibility of viewers (and in particular children) at this time coming across this material unawares. Ofcom therefore concluded that this content was not justified by the context and was therefore in breach of Rules 2.1 and 2.3 of the Code.

Ofcom notes the compliance measures taken by the broadcaster in response to the transmission of the material. However, given the strength of the content broadcast, Ofcom considered this contravention to be a serious breach of the Code. Ofcom notes that Hoppr Entertainment has been operating a licence for Live 960 since 19 August 2009 and since that time it has been found in breach of its licence conditions and of the Code on separate occasions. Given this, Ofcom is now requiring the licensee to attend a meeting at Ofcom to discuss its compliance procedures. Ofcom also puts Hoppr Entertainment on notice that it must take all necessary and appropriate measures to ensure its channels comply with the Code in the future. Ofcom will not expect further breaches of this nature to occur again.

Babeworld TV, 28 May 2009, 23:30
Promotion of the www.babeworld.tv website address

Babeworld TV is a chat and adult-sex chat channel available without mandatory access restrictions in the adult section of the Sky electronic programme guide ( Sky EPG ). It broadcasts programming based on interactive daytime and adult-sex chat services: viewers are invited to contact on-screen presenters via premium rate services ( PRS ). After the 21:00 watershed in particular, the presenters dress and behave in a sexually provocative way.

Ofcom received a complaint that at around 23:30 on 28 May 2009 a female presenter, wearing only skimpy underwear including a G-string, showed clear and close-up images of anal and vaginal detail to camera.

Ofcom viewed a recording of the programme and noted that the presenter lay on her back with her legs up in the air and apart talking on the telephone. On five occasions she pulled aside the Gstring she was wearing to reveal briefly her vagina and anus. This occurred during a time period of just under three minutes.

In addition, whilst monitoring the material as described above, Ofcom noted that the broadcaster had included in its programmes on-screen promotional references to its website www.babeworld.tv. When accessed by Ofcom, this website featured sexually explicit R18 equivalent material which could be readily viewed without registration to the website. Although this pornographic material was not broadcast on-air, Ofcom was concerned that it appeared on a website being promoted on an Ofcom licensed service (Babeworld TV) from 21.00.

Ofcom considered rules:

• 2.1 (generally accepted standards)
• 2.3 (offensive material must be justified by context) of the Code.

Ofcom Decision: Breach of Rules 2.1 and 2.3

During the programme investigated of 28 May 2009, the female presenter was shown to move her left hand down to her crotch and then pull the string of her G-string to one side to show viewers clear, unambiguous and close-up shots of her vagina and anus. She repeated this action five times in just under three minutes.

In Ofcom's view it is a breach of generally accepted standards and offensive to broadcast such images on a service without mandatory access restrictions unless they are justified by the context.

According to Rule 2.3, context is judged by a variety of factors such as the editorial context of the service, the time of broadcast and the effect on viewers of coming across the material unawares.

Ofcom has previously and repeatedly published clear guidance regarding content broadcast by adult-sex chat services in the adult section of the Sky EPG, where the material is free-to-view and broadcast without mandatory access restrictions. This guidance stated that material of a sexual nature broadcast after the 21:00 watershed must be appropriately limited and justified by the context to ensure compliance with generally accepted standards. It has also repeatedly made it clear that the location of a channel in the adult section of the Sky EPG does not in itself provide sufficient protection from the potential to view offensive material or sufficient programme context for its broadcast.

As regards context, Ofcom noted that the programme was broadcast well after the 21:00 watershed. It judged however that the repeated and seemingly deliberate actions by the presenter to show her vagina and anus had either no, or a completely insufficient, justification in the context. Ofcom considered that the actions of the presenter were clearly not a one-off accident because she needed to act with deliberation to locate the string with her fingers and then move it to the side. Also the action was repeated five times in total. Ofcom questions the speed with which the onsite compliance officer reacted to the presenter's behaviour.

In Ofcom's view, even though viewers of adult-sex channels are used to a great extent to the type of material they show, the degree of offence capable of being caused by the broadcast of the very explicit images shown in this case was likely to be considerable. In Ofcom's view, this material would have exceeded the likely expectation of the audience, especially for viewers who may have come across it unawares.

For all these reasons, this content was offensive and not justified by context, and so breached generally accepted standards. It was therefore in breach of Rules 2.1 and 2.3 of the Code.

Ofcom asked Babeworld twice in July 2009 to comment on why it believed it was acceptable to make promotional references to the www.babeworld.tv website on its service when the site contained unprotected R18 equivalent material. The broadcaster finally responded on 13 August 2009, when it confirmed that R18 equivalent material had been removed but queried Ofcom's power to regulate promotional references made on air to websites.

The content of websites is not broadcast material, and therefore not subject to the requirements of the Code. However, any promotional references to websites made on air are broadcast content.

The promotional references to the www.babeworld.tv website on air breached generally accepted standards. They were offensive because of the unprotected and highly explicit sexual material they led to and were not in Ofcom's opinion justified by the context, such as only being broadcast after 21:00 on a service in the adult section of the Sky EPG. They were therefore in breach of Rules 2.1 and 2.3 of the Code.

In view of the serious and repeated nature of these contraventions of the Code, Ofcom reviewed carefully whether they should be considered for referral to the Content Sanctions Committee. On balance Ofcom decided not to do so on this occasion. However, Ofcom will seriously consider further regulatory action should Babeworld breach the Code in the future.

Ofcom Press Release:

Changes to the Broadcasting Code rules for promotion of Premium Rate Services (PRS)

Revised rules to strengthen audience protection in the use of premium rate telephone services in TV and radio programmes have been announced.

The changes to Ofcom's Broadcasting Code, which will come into effect early next year, mean that premium rate services (PRS) may only be included in editorial TV and radio programmes, such as phone-in competitions and votes, where they are related to the main editorial purpose of the show. This move will not affect shows such as Who Wants to be a Millionaire?, Big Brother or competitions within shows.

Where broadcasters wish to promote PRS services more extensively than permitted under the revised Broadcasting Code rules, then this should be considered as falling within the category of advertising and will be regulated under the Advertising Code. The changes follow consultation in 2007 and 2008, and will reinforce the strict distinction between editorial content and advertising in programming.

Channels that are likely to be affected by this are Participation TV (PTV) channels that are based on promotion of PRS. These include specialist quiz, adult chat and psychic channels.

Next Steps

The Advertising Code currently limits advertising of PRS of a sexual nature to encrypted channels. It also restricts the promotion of PRS featuring live personal psychic services. These services are featured on Adult Chat PTV and Psychic PTV.

New research has found that promotion of these particular services on TV is generally acceptable to viewers in their current form, where they are appropriately scheduled, clearly labelled and identifiable in an appropriate section of an electronic programme guide ( EPG ), as this minimises the risk of offence from chancing upon them.

Ofcom proposes updating the Advertising Code to allow promotion of these particular services on television to continue, subject to further conditions, and are now consulting on these changes.

Ofcom Proposals

Ofcom include 4 options for consideration in the consultation but have identified one of these as their preferred solution:

Option 4 – Allow promotion of PRS of a sexual nature on dedicated teleshopping channels subject to scheduling restrictions and labelling rules, but spot advertising remains only on encrypted channels. Under this option, the risk of offence for viewers from spot advertising on general channels would continue to be prevented.

Any services featuring promotion of PRS of a sexual nature would be clearly labelled and positioned as “Adult” services including adult content, lessening the risk of unwarranted offence and allowing viewers to choose to exclude such services from viewing.

With such labelling information available, a scheduling restriction of 9pm (to limit risk of exposure to minors) would therefore be sufficient. Consumers would continue to have access to services and benefit on the same basis as today.

However, under the labelling rules proposed, broadcasters operating on Freeview would not currently be able to carry promotion for PRS of a sexual nature, since Freeview does not currently offer clear labelling of channels in a separate “Adult” EPG section.

Consultation

See Participation TV Consultatation [pdf]

Closing date for responses is 15th January 2010

Elite Days
Elite TV, 10 July 2009, 11:30

Elite Days is a daytime chat programme broadcast without access restrictions. It is located in the adult section of the Sky EPG on the service Elite TV. Viewers can call a premium rate telephone number and talk to an onscreen female presenter. Viewers see the female presenters engaged in conversation but cannot hear what is being said as music is played over the images. At certain intervals the presenters switch on a microphone and speak directly to viewers to encourage them to call into the premium rate telephony service ( PRS ) number.

Ofcom received a complaint that the programme featured a promotional reference to the website, www.elitetvonline.com , and that this website included strong sexual material which was available without any protections. Ofcom accessed the website after the complaint was made and noted that it contained some strong sexual images equivalent to BBFC R18-rated material ( R18-rated equivalent material ). This material could be easily accessed by simply clicking to confirm that the user was over 18.

Although this R18-rated equivalent material was not broadcast on-air, Ofcom was concerned that it appeared on a website being promoted during a daytime interactive chat programme.

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.

The broadcaster informed Ofcom that it has decided to remove any adult material from the unregistered area of its website.

Ofcom Decision: Breach of Rules 1.2, 1.3, 2.1 and 2.3

While the content of websites is not in itself broadcast material, and therefore not subject to the requirements of the Code, any on-air promotional references to websites are broadcast content. Such references must therefore comply with the Code. In this case Elite TV broadcast during the late morning a promotional reference to its website, www.elitetvonline.com, that contained strong sexual images that Ofcom considered to be equivalent to R18-rated material. There were no protections on the website – for example prior registration before being able to view - and therefore this material could have been accessed easily by under-eighteens.

The promotion on television of this website was therefore of concern to Ofcom. Rules 1.2 and 1.3 require broadcasters to take reasonable steps to protect people under eighteen and ensure that children must be protected by appropriate scheduling from unsuitable material. Rules 2.1 and 2.3 require broadcasters to comply with generally accepted standards so as to provide adequate protection for members of the public from offensive material.

It is Ofcom's view that websites that contain unprotected R18-rated equivalent material must not be promoted on an Ofcom licensed service. This is to ensure adequate protection for the under-eighteens and compliance with generally accepted standards.

Appropriate protection on a website would be, for example, the need to purchase access to the R18 material by using a credit card or similar means that allows an age check to be done. In this case no such protections were present on the website and therefore Rules 1.2 and 1.3, and 2.1 and 2.3 were contravened.

Bang Babes, Tease Me 3, 20 June 2009, 01:45 to 02:30
Bang Babes Tease Me, 23 June 2009, 01:00 to 03:00

Bang Babes is an adult sex chat service, available freely without access restrictions on the channel Tease Me and Tease Me 3. Both channels are situated in the adult section of the Sky electronic programme guide ( EPG ). The channels broadcast programmes after the 21:00 watershed based on interactive adult sex chat services: 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.

Tease Me 3, 20 June 2009, 01:45 to 02:30

The complainant said the programme showed the presenter miming vaginal and anal masturbation, and that overall the sexual content was considered to be in excess of the material generally available on a channel without restricted access at 02:00.

Ofcom noted that between 01:45 and 02:30 the broadcast showed a presenter wearing a very short skirt and a black skimpy thong. She was also wearing a black top which she pulled down to expose her breasts. The presenter was shown a number of times lying on her back with her legs spread apart, heavily thrusting and gyrating in a sexual manner and simulating sex.

At various intervals viewers were shown prolonged and close up shots between her legs, and anal and genital detail was revealed. During the broadcast the presenter bunched up her knickers to reveal outer genital detail and often mimed or simulated masturbation. The broadcast included images of the presenter spanking herself, licking her breasts and positioning her buttocks to the camera while she touched her anal and genital area.

The presenter also said to viewers: Hello boys and girls, my name's Victoria and you can join me right now for some very naughty fun… that's right boys, you can have me any way you want me tonight boys so come on get right behind me [presenter shown thrusting buttocks to camera] and really start giving it to me.

Tease Me, 23 June 2009, 01:00 to 03:00

The complainant here was concerned that the presenter spanked her buttocks and close up shots of her vaginal and anal areas were shown while she was only wearing a thong. Overall the complainant believed the sexual content included in this programme was excessive.

Ofcom noted that between 01:02 and 01:16, and 02:49 and 02:59, the broadcast showed a female presenter wearing a red thong and no top. At various times the presenter positioned her buttocks to camera to reveal anal and genital detail and placed her fingers on her anal area. The broadcast showed the presenter spanking herself and pulling her buttocks apart to reveal her anus. The presenter was also shown with her legs apart touching her genital area and simulating masturbation.

On one occasion the presenter licked and dribbled saliva over her naked breasts and rubbed saliva on her nipples. She also poured and massaged oil onto her breasts and buttocks.

Ofcom considered:

• Rule 2.1 (generally accepted standards)
• Rule 2.3 (material which may cause offence must be justified by context)

Ofcom Decision:  In breach of Rules 2.1 and 2.3.

It is a requirement of the Code that content which is considered to be adult-sex material must only be broadcast between 22:00 and 05:30 and have a mandatory PIN protection system, or other equivalent, in place (Rule 1.24). In this case, Ofcom carefully considered whether the content complained of in the two broadcasts was 'adult-sex' material. It concluded that on balance they were not.

This decision was reached taking all the relevant circumstances into account, but was based primarily on the facts that: the presenter in each case was alone, and therefore did not engage in any inappropriate sexual acts (whether real or simulated) with others; and the shots of the presenters miming or simulating masturbation were either relatively brief or inexplicit, as were the sequences of the presenter spitting and putting oil on, and caressing, her breasts

Ofcom therefore considered these two cases only under 2.1 and 2.3 of the Code.

Tease Me 3, 20 June 2009, 01:45 to 02:30

In terms of the content of this broadcast, Ofcom considered it to be sexually explicit. On a number of occasions the presenter positioned herself in front of the camera with her legs wide apart and heavily gyrated in a sexual manner for prolonged periods of time. Given the thong style underwear the presenter was wearing, and the close up nature of some shots, Ofcom was particularly concerned that there were occasions when her anal and labial areas were shown in intrusive detail. The presenter appeared to simulate masturbation at various points in the broadcast, as she was seen rubbing her anal and vaginal area, and she also used some sexually explicit language. In Ofcom's view the actions of this particular presenter were highly sexualised and sexually provocative, and a number of the images were filmed in a prolonged and intrusive manner.

Tease Me, 23 June 2009, 01:00 to 03:00

Ofcom also considered the content of this broadcast to be sexually graphic. The presenter, who was only wearing a skimpy red thong, engaged in a number of sexually explicit acts. At various times the presenter positioned her buttocks to camera so that her anal and labial areas were shown at close range and in intrusive detail. She also pulled her buttocks apart to reveal her anus and touched her anal area in an intimate way at various times in the broadcast. Ofcom was concerned about the sexual explicitness of this material irrespective of the time at which it was broadcast. In Ofcom's view the actions of this particular presenter were highly sexualised and sexually provocative, and filmed in an intrusive manner.

Given the strength of the material, Ofcom considered that this content clearly had the potential to cause offence. Therefore its treatment by the broadcaster required justification by the context to provide adequate protection for viewers.

Ofcom took into account all the relevant contextual factors including, for example, the explicit sexual content, the nature of the channel, and the time of broadcast. In Ofcom's opinion given the strength of the material shown, it would have exceeded the likely expectation of viewers watching a channel without access restrictions.

Ofcom was also concerned by the degree of offence likely to be caused to viewers watching at this time and the significant effect this material would have had on those who may have come across it unawares. There was no sufficient editorial justification for the broadcast of these strong sexual images. Also in Ofcom's view factors such as the channel being in the adult sector of the EPG and the content being broadcast well after the watershed did not justify the broadcast of this material. This has been made repeatedly clear by Ofcom in various published decisions.

Therefore Ofcom concluded that this content was not justified by the context and breached Rules 2.1 and 2.3.

Note to Adult Sex Chat Broadcasters

Broadcasters of adult sex chat services without mandatory access restrictions must take care to ensure that intrusive or detailed shots of presenters' anal and genital areas are not broadcast.

Ofcom Sex Station
Lucky Star, 21 May 2009, 21:00

Sex Station is free-to-air and unencrypted programming on the channel Lucky Star, located in the 'adult' section of the Sky EPG. The channel broadcasts programmes based on interactive 'adult' sex chat services: viewers are invited to contact female on-screen presenters via premium rate telephony services. The female presenters dress provocatively and encourage viewers to contact them.

As part of a separate investigation into the channel, Ofcom noted that during content broadcast on the channel after 21:00, the website URL www.sexstationtv.com was broadcast at intervals, in scrolling form across the screen.

Ofcom noted that on visiting the website there were no mandatory forms of age verification in place to enter the website. To access videos available on the website, users were required to complete mandatory age verification checks. Ofcom noted however that the Website contained a number of unprotected free-to-view still pornographic images. Ofcom considered that these images were equivalent to BBFC R18-rated material.

Although the still images on the Website were not broadcast on-air, Ofcom was concerned that the Website URL was being promoted free-to-air. This was especially of concern, given Ofcom's previously published Finding on 21 July 2008 and 18 May 2009 against RHF Productions Ltd. These findings made it clear that it was a breach of the Code for free-to-air and unencrypted channels to make promotional references to website URLs which led to content that was equivalent to R18-rated material unless appropriate protection was in place.

Ofcom considered:

• Rule 2.1 (generally accepted standards)
• Rule 2.3 (broadcasters must ensure that material which may cause offence is justified by context)

Ofcom Decision: Breach of 2.1 and 2.3

In a finding of 21 July 2008 Ofcom stated that: While the content of…websites is not in itself broadcast material, and therefore not subject to the requirements of the Code, any on-air references to…websites are clearly broadcast content. Such references must therefore comply with the Code.

Broadcasters may legitimately promote their own websites. While Ofcom does not regulate broadcasters' websites, the 21 July 2008 Finding made clear: In no circumstances may such websites contain R18 material if they are promoted on a licensed service. Similarly, as the RHF Sanctions Decision stated: The broadcast of R18-rated equivalent material, or website URLs whose websites lead to R18-rated equivalent material, is totally unacceptable.

Ofcom took into consideration: the broadcaster's apology; that the Website URL was broadcast intermittently after the 21:00 watershed, when it was likely that fewer children would be viewing; and the channel is found in the 'adult' section of the EPG; and the fact that, although the broadcaster should have been aware of the contents of the 21 July 2008 Finding, it did remove all Website URLs from its programming, on becoming aware of the RHF Sanctions Decision.

Nonetheless, in this case the Website URL was broadcast free-to-air, and it was possible to enter the Website (via the Website URL), without undergoing any mandatory age verification checks. On the Website were a number of free-to-view pornographic images that Ofcom considered were equivalent to R18-rated material. The fact that, for example, the promotional references to the Website URL were broadcast on a channel in the 'adult' section of the EPG and the nature of the content on Lucky Star, did not justify by the context the broadcast of these references. There was therefore a breach of generally accepted standards.

Bang Babes
Tease Me, 18 March 2009, 21:00

Bang Babes is programming of a sexual nature, available freely without access restrictions on the channel Tease Me (Sky channel number 912). It is situated in the 'adult' section of the Sky EPG. The channel broadcasts programmes, after the 21:00 watershed based on interactive 'adult' sex chat services: viewers are invited to contact on-screen presenters via premium rate telephony services. The female presenters dress and behave in a sexually provocative way.

Ofcom received a complaint about content broadcast, soon after 21:00, on Tease Me on 18 March 2009. The complainant said that the programme showed the presenters simulating masturbation and included close up screen images of the presenters' anal areas. Overall the sexual content was considered to be in excess of the material generally available on a channel without restricted access at 21:00.

Ofcom viewed the material. It noted that the broadcast showed three different presenters during the period 21:00 and 22:00. In the background a rolling film showing clips of women's bodies, which included one particular image of buttocks that showed the area immediately around the anus.

At 21:05 one of two presenters onscreen, wearing thong style pants, positioned herself on all fours and began to thrust her body to the camera for a period of approximately five minutes during which anal detail was visible. At 21:13 a single presenter replaced the two women. There followed a 45 minute period with this presenter wearing a very skimpy thong. Images of her with her legs open and her buttocks to the camera showed her anal area in some detail. She also lightly touched her buttocks and genital area and appeared to simulate oral masturbation.

Ofcom considered Rules 2.1 (generally accepted standards) and 2.3 (material which may cause offence must be justified by context) of the Code.

Ofcom Decision: Breach of Rules 2.1 and 2.3

In terms of the content of this broadcast one of the two presenters on screen at 21:05 posed in a sexual position, on all fours. Given that she was wearing thong style underwear there were occasions when her anal and labial areas were shown in intrusive detail. In addition, when the single presenter took over at around 21:13, she lay on her back and opened her legs whilst she gyrated in a sexual manner. She also lightly touched her genital and anal area and spanked her buttocks and on a few, brief occasions appeared to simulate oral masturbation.

In Ofcom's view the actions of each of these presenters onscreen between 21:05 and 22:00 was sexualised and sexually provocative and filmed in an intrusive manner. The nature and location of the channel in the 'adult' section of the EPG and the existence of parental controls are not sufficient in Ofcom's view to justify broadcast of such content before 22:00. The broadcast was therefore not justified by the context and breached Rules 2.1 and 2.3.

The Pad
Tease Me 2, 20 March 2009, 12:30

The Pad is a televised daytime interactive chat programme broadcast without access restrictions. It is located in the 'adult' section of the EPG on the service Tease Me 2 (Sky channel number 948). Viewers can call a premium rate telephone number and talk to an onscreen female presenter.

Ofcom received a complaint that material broadcast at lunchtime featured a presenter in a black PVC basque and fishnet tights lying in various positions such as on her side and back with her legs intermittently opening. In addition, she stroked her legs, thighs and buttocks throughout the broadcast. The presenter's outfit was skimpy revealing a low cleavage, and whilst lying on her back one of her nipples was visible for a short period of time.

Ofcom considered Rule 1.3 (children must be protected from unsuitable material by appropriate scheduling) and Rule 2.3 (broadcasters must ensure that material which may cause offence is justified by context).

Ofcom Decision: Breach of Rules 1.3 and 2.3

With reference to the nature of the content, the presenter was dressed in an item of clothing that was very revealing to the point where her breasts were barely covered. This meant that when she adopted a certain position on her back, and the producer cut to a camera angle looking down onto her body, it was likely that her nipple area would be exposed to viewers. In Ofcom's opinion, one of the presenter's nipples was visible despite any nipple covers she was allegedly wearing.

In addition, in Ofcom's view, the positions adopted by the presenter – such as lying on her back with her legs opening and closing, and lying on her side lifting her legs up and down whilst stroking her thighs and buttocks – exceeded a “flirty” manner and were sexualised in nature.

Whilst showing a bare breast and nipple before the watershed is not a breach of the Code where it is justified by context, in this case the sexual nature of this material in addition to the visibility of the presenter's breast and nipple meant this partial nudity was shown in a clearly sexual context. This in Ofcom's view was not acceptable for a daytime broadcast.

Ofcom Note to Daytime and Adult Sex Chat Service Broadcasters

Ofcom has during the past two years published a number of breach findings relating to daytime chat and adult sex chat channels which are available without access restrictions. Some of these contraventions were considered serious enough and/or were repeated so that Ofcom imposed financial penalties.

In this Bulletin, Ofcom has recorded breaches of the Code against broadcasters for transmitting material which was too sexually explicit.

Broadcasters operating in this area are reminded that Ofcom's Broadcast Bulletin and adjudications by the Content Sanctions Committee contain important guidance on the broadcast of sexual material. Failure to follow such guidance may result in Ofcom considering further regulatory action, including statutory sanctions.

Daytime and adult sex chat broadcasters must take all reasonable steps to protect people under eighteen and ensure that generally accepted standards are applied to their material.

Daytime chat programmes must ensure that all material broadcast is appropriate for the time of day bearing in mind that it is transmitted before the watershed and at times when children may be in the audience.

Similarly, material of a sexual nature broadcast after the 21:00 watershed must be appropriately limited and justified by the context to ensure compliance with generally accepted standards. For instance, broadcasters operating in the free-to-air 'adult' sex chat sector should take great care not to include physically invasive shots, in particular images of anal or genital areas for example, or of any real or simulated sex acts including masturbation or intercourse, or inappropriate shots of simulated oral sex.

Chat Caf
LA Babes, 25 February 2009, 13:00

Chat Café is a daytime chat programme broadcast without access restrictions. It is located in the ‘adult' section of the Sky Electronic Programme Guide on the service LA Babes (Sky channel number 956). Viewers can call a premium rate telephone number and talk to an onscreen presenter. Viewers can see the female presenters engaged in conversation but cannot hear what is being said as music is played over the images. At certain intervals the presenters can switch on a microphone and speak directly to viewers to encourage them to call the premium rate telephone number.

Ofcom received a complaint that material broadcast at lunchtime featured a presenter in a low cut top and mini skirt engaged in inappropriate activities for a daytime broadcast. These included: jiggling her breasts to the camera; shaking her bottom in front of the camera and lifting her skirt to reveal her buttocks; and opening her legs leaving the viewer with an impression that she was not wearing any underwear and simulating masturbation with a microphone.

Ofcom considered:

• Rule 1.3 (children must be protected from unsuitable material by appropriate scheduling)
• Rule 2.3 (broadcasters must ensure that material which may cause offence is justified by context).

The broadcaster stated that the presenter was dressed correctly at all times. However, the presenter's simulated masturbation of the microphone and the occasional touching of her upper body, even though they were presented in a fun and playful, not sexually explicit way, were not in line with the broadcaster's own internal guidelines for the time of broadcast. Consequently the licensee had dismissed the producer and suspended the presenter with immediate effect. Furthermore, Fierce Media also confirmed that the service LA Babeshad been taken off-air for an indefinite period following this complaint.

Ofcom Decision: Breach of Rules 1.3 and 2.3

Rule 1.3 makes clear that children should be protected from material which is unsuitable for them by appropriate scheduling. This is judged according to factors such as the nature of the content, the nature of the channel and the time of broadcast.

In this case the nature of the content included a presenter behaving in an overtly sexual manner and, by the broadcaster's own admission, had engaged in simulating masturbation with a microphone at the request of a caller. Whilst taking other telephone calls, the presenter also engaged in actions such as getting up from the bed and standing with her bottom to the camera; lifting her mini skirt to reveal her buttocks then stroking them suggestively; and lowering her top to reveal her cleavage and then jiggling her chest to the camera.

The licensee stated that the presenter was wearing knickers at all times. In Ofcom's opinion, however, the broadcast images gave the impression to the viewer that the presenter was wearing minimal, or no, underwear. This was apparent when she opened and closed her legs in front of the camera.

Given that these activities and images were not suitable for daytime broadcast, it was Ofcom's view that the positioning of this channel in the ‘adult' section of the EPG was not sufficient to provide adequate protection to prevent children from accessing the content and this was a breach of Rule 1.3.

Furthermore, it was also Ofcom's view that the broadcast of this material would have exceeded the expectation of viewers watching television during the day and was therefore offensive.

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.

Bang Babes
Tease Me 2, 17 March 2008; 21:00–22:00

Bang Babes is free-to-air unencrypted programming available on the channels Tease Me and Tease Me 2. The channel broadcasts programmes based on interactive 'adult' chat services: viewers are invited to contact on-screen presenters 'babes' via premium rate telephony services. The female presenters dress and behave provocatively.

Ofcom received a complaint about the broadcast on Tease Me 2 on 17 March 2008. It alleged that the broadcast showed simulated masturbation and full screen images of bare breasts and nipple stimulation before 22:00.

Ofcom viewed the material. It noted that the broadcast on Tease Me 2 on 17 March from 21:43 showed prolonged close-ups and full screen images of the presenter's breasts and nipples, which were continuously massaged and stimulated and thrust into the camera. In addition, the presenter was shown lying on her back with her legs apart rubbing and touching her genital area outside of her underwear in a sexual manner before 22:00. There was also a brief sequence where the presenter placed her hands inside her underwear. These sequences were all of a highly sexualised nature.

Ofcom considered:

• Rules 2.1 (generally accepted standards)
• 2.3 (material which may cause offence must be justified by context) of the Code.

Ofcom Decision

It is a requirement of the Code that content which is considered to be 'adult-sex' material must be PIN protected and encrypted (Rule 1.24). In this case, Ofcom carefully considered whether the content complained of was 'adult-sex' material. It concluded that in this case it clearly was not.

In terms of the complaint about simulated masturbation, Ofcom noted that the broadcaster had stressed that a presenter acted briefly outside its own internal procedures on 17 March 2008 and that, since then, staff had received further compliance training. Broadcasters must note, as Ofcom has made clear on a number of occasions, that it is unacceptable to show simulated or real masturbation in the context of free-to-air 'adult' chat television services.

As regards Rules 2.1 and 2.3 and the 17 March broadcast, Ofcom acknowledges that the images and language on Tease Me 2 were materially less explicit than in a number of examples of free-to-air 'adult' chat service content that it has previously investigated. Ofcom concern on this occasion focussed on the content and the time of broadcast.

The prolonged and close-up full-screen shots of the presenter stimulating and massaging her bare breasts, pinching her nipples and shaking them to camera, were in Ofcom's opinion highly sexualised and not suitable for broadcast before 22:00. The images of the presenter lying on her back with her legs open, briefly simulating masturbation, and stroking her semi-naked body were also not acceptable before 22:00. All these images in Ofcom's view were sexually provocative and of a physically intrusive nature so as to be offensive, and in breach of generally accepted standards on a free-to-air channel in the adult section of the EPG shown before 22:00.

Breach of Rules 2.1 and 2.3

SportxxxBabes, 19 and 20 November 2007, 22:00

SportxxxBabes is listed in the adult section of the Sky electronic programme guide (“EPG”). It broadcasts programmes based on interactive adult chat services: viewers are invited to contact on-screen presenters 'babes) via premium rate telephony services. The female presenters dress provocatively and encourage viewers to contact them.

Ofcom noted that the programming focussed extensively on the depictions of masturbation – the output showed the female presenter on each date engaged in this activity for the majority of the programme.

We considered the broadcast under the following Code Rules:

* Rule 1.24 ('adult-sex' material is restricted to overnight encrypted services);
* Rule 2.1 (the broadcaster must apply generally accepted standards); and
* Rule 2.3 (offensive material must be justified by context).

Ofcom Decision Breach of Rules 1.24, 2.1 and 2.3

We are extremely concerned by the broadcaster's failure to ensure the material it broadcast on the channel on 19 and 20 November 2007 complied with the Code. The seriousness of the breach was aggravated by the fact that it occurred just after Ofcom had published a number of Findings about similar content on 22 October 2007 in Broadcast Bulletin issue number 95. In one of these Findings, against LivexxxBabes (a channel also operated by the same company), Ofcom made clear that depictions of masturbation, simulated or otherwise, are not appropriate for unencrypted broadcast unless there is strong editorial justification.

In addition, the breach occurred at a time when the Licensee was under consideration of a statutory sanction for other breaches that had occurred on SportxxxBabes in February and March 2007. Ofcom considered referring the November 2007 breaches to the Content Sanctions Committee. However, in view of all the circumstances of this case - including the broadcaster's quick and frank admission of the breaches, the steps taken to rectify the problem and the subsequent improvements to the channel's content in terms of compliance with the Code - Ofcom finally decided not to do so.

However, should breaches of a similar nature occur on the channel in future, Ofcom will not hesitate to consider referring the matter to the Committee for consideration of a sanction, which could include the imposition of a financial penalty or revocation of the broadcaster's licence.

Ofcom has fined Satellite Entertainment Ltd ฃ20,000 for breaches of Ofcom's Broadcasting Code in respect of its service SportsxxxBabes.

SportsxxxBabes broadcasts free-to-air 'adult chat' programming. Satellite Entertainment Ltd was fined because SportxxxBabes transmitted free-to-air explicit sexual content, which Ofcom considered to be 'adult-sex' material.

Specifically, Ofcom has found Satellite Entertainment Ltd in breach of the following rules:

• 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:
  
  * there is a mandatory PIN protected encryption system, or other equivalent protection, that seeks satisfactorily to restrict access solely to those authorised to view
  * 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…Appropriate information should also be broadcast where it would assist in avoiding or minimising offence.

Ofcom received three complaints about the explicit sexual nature of the unencrypted content broadcast on the Channel on 26 February 2007, 13 March 2007 and 17 March 2007.Ofcom assessed the material broadcast between 21:45 and 00:00 on the dates in question.

This decision that there was a breach of Rule 1.24 was based on Ofcom’s view that the content of the programme was sexually explicit, its primary purpose was to arouse the audience sexually, and it did have any or sufficient editorial justification.

In the broadcast on 26 February 2007 a presenter appeared to perform oral sex on another presenter, who appeared to be naked. In addition one presenter, who was apparently naked, was shown from a side view masturbating and appeared to alternately insert the dildo into her vagina and her mouth. The genital regions of the presenters were pixellated.

The broadcast on 13 March 2007 featured a naked male lying down while a semi-naked female appeared to perform oral sex and masturbate him (the male’s genital area was pixellated). Another female could be seen, apparently masturbating and appeared to pull her knickers to one side and insert the dildo into her vagina. Later the couple were shown apparently having sex.

On 17 March 2008 a female presenter, who was clearly naked, appeared to masturbate while a semi-naked female behind her appeared to insert a dildo into the first female’s vagina. A third female, who was wearing knickers, was seen apparently masturbating (with her hand inside and outside her underwear). One presenter removed another’s knickers and used them to gag her briefly, after which she appeared to insert a vibrator from behind into the second presenter.

The decision that there were breaches of Rules 2.1 and 2.3 was based on the Executive’s view that the material breached generally accepted standards and had the potential to cause offence, and that this offence was not sufficiently justified by the context in which the content was broadcast.

Sex Station
Lucky Star, 11 & 26 July 2007, 21:00

Sex Station a free-to-air unencrypted babe channel on Lucky Star channel. The channel is listed in the adult section of the Sky electronic programme guide (“EPG”).

While monitoring the output of channels within the ‘adult’ section of the Sky EPG, Ofcom found material broadcast in Sex Station on the 11 July 2007 that included some explicit images featuring, in particular, apparent female masturbation. The presenters and viewers’ texts also used some explicit sexual language, such as: We want a paddling pool filled with your hot, horny man-muck and a viewer’s text (at 21:43 ) saying, Tammy would you punish me if I didn’t lick your fanny good enough?

Ofcom considered the following Code Rules:

• Rule 1.2 (the broadcaster must take reasonable steps to protect under 18s)
• Rule 1.24 (‘adult-sex’ material is restricted to overnight encrypted services)
• Rule 2.1 (the broadcaster must apply generally accepted standards)
• Rule 2.3 (offensive material must be justified by context)

Ofcom also received a complaint concerning similar output on 26 July 2007 with such language as, I’m looking for a dirty man who’s going to make me cum everywhere, and, I reckon you guys should spunk all over that [i.e. a presenter’s white bodice]. Cover her up with white.

Lucky Star said that Sex Station appears post watershed, with an ‘18’ warning and within the ‘adult’ section of the Sky EPG. It added that the presenters are instructed to moderate their language nearer the watershed and that, while the programme is live, viewers’ texts are heavily moderated prior to being put to screen and acutely rude words are not allowed.

Ofcom Decision

Ofcom judged that much of the material broadcast after 21:00 was sexually explicit, as regards both the images (in particular, apparent masturbation) and language. This content had insufficient editorial or contextual justification to allow its exceptional transmission unencrypted on free-to-air television.

The broadcasts were found in breach of Rules 1.2, 1.24, 2.1 and 2.3 of the Code.

Ofcom regarded these breaches of the Code as serious and considered whether to recommend this case for consideration of a statutory sanction. Taking into account all the relevant circumstances however (including the broadcaster moderating its output on being made aware of Ofcom’s specific concerns, its apology and its previous compliance record), Ofcom decided on balance not to pursue a sanction on this occasion. However, any further breaches of this nature by Lucky Star are likely to result in Ofcom considering the imposition of a statutory sanction.

House of Fun
26 July 2007, 22:00 and 29 August 2007, 23:00

House of Fun is a free-to-air unencrypted babe channel. Viewers are invited to contact on-screen presenters (“babes”) via premium rate services. The female presenters dress provocatively and encourage viewers to contact them.

Ofcom received two complaints that the channel broadcast material that featured explicit images in particular apparent female masturbation.

Ofcom viewed recordings of the material broadcast on the above dates and noted that the content contained images of the presenters engaged in acts of an apparently explicit sexual nature including:

• various shots of presenters with their hands in their underwear appearing to masturbate
• two presenters licking another presenter’s breasts while they had their hands inside the first presenter’s underwear, appearing to masturbate her
• two of the female presenters removing their underwear and, while the picture was pixelated, appearing to masturbate.

House of Fun TV said that great care was taken to ensure that there was no real masturbation was broadcast, although undoubtedly there was “posturing and gesturing with hands in the vaginal regions and on the upper thighs of the presenters”. The broadcaster stated that suggestion, innuendo, titillation were all part of the presenters’ performances. It stated that from a purely visual point of view, a pixelated image is a pixelated image and an overexcited viewer may imagine many things, but the reality is that the image was pixelated and nothing inappropriate was broadcast which could be identified.

Ofcom Decision

Ofcom judges that the material broadcast was visually sexually explicit, in particular the apparent masturbation. This content had insufficient editorial or contextual justification to allow its exceptional transmission unencrypted on free-to-air television. For these reasons this content was in breach of Rule 1.24, which requires such material to be encrypted and restricted to broadcast after 22:00.

This content was sexually explicit and unsuitable for free-to-air television. It was therefore also in breach of generally accepted standards to ensure adequate protection for viewers in general from harmful and/or offensive material. In Ofcom’s opinion, contextual factors such as this channel being in the ‘adult’ sector of the EPG and the content being broadcast after 23:00 did not justify the broadcast of this material.

Ofcom therefore found that Rules 1.24, 2.1 and 2.3 of the Code were breached.

These were serious and repeated breaches of the Code. Ofcom reviewed whether the matter should be referred to the Content Sanctions Committee (the “Committee”) for consideration of a statutory sanction. However, taking account of all the relevant circumstances, including that no explicit language was transmitted, the late time of the broadcasts and the fact that monitoring by Ofcom showed subsequent improvements in compliance, Ofcom decided that, on balance on this occasion, the matter would not be referred to the Committee. Should there be further breaches of a similar nature however by this Licensee, it is likely that the contraventions of the Code will be referred to the Committee.

Red Hot TV Trailer
Red Hot TV, 13 February 2008, 20.00 – 22.00

Red Hot TV is a subscription-based, i.e. encrypted, adult service. In common with most such services it is promoted with free-to-air trailers broadcast on a loop from 20.00 onwards.

Throughout a trailer, broadcast between 20.00 and 22.00, verbal and on-screen text references were made to the broadcaster's websites www.redhottv.com and www.televisionx.com. From 20.00 verbal references to the websites were made primarily to encourage subscriptions to the broadcast service. However, the accompanying on-screen text reference to the websites remained on-screen for the majority of the trailer. Further, after 21.40 the trailer included several additional verbal references specifically promoting the “uncut” and “uncensored” content on the websites, in particular for Red Hot WebTV.

Ofcom received a complaint that the websites featured sexually explicit, “hardcore pornography" which could be readily viewed without registration to the websites.

Although this material was not broadcast on-air, Ofcom was concerned that it appeared on a website being promoted on the Red Hot TV trailer pre-watershed from 20.00.

Ofcom Decision

Red Hot TV promotes its websites within its licensed TV service as a means for viewers to subscribe to the service and to access previously broadcast programming and unedited versions of these programmes. Ofcom's concern in this case was whether the content of these websites was suitable for promotion pre-watershed and whether the more explicit imagery was suitable at all to be promoted, even indirectly, on a licensed television service.

While the content of the websites is not in itself broadcast material, and therefore not subject to the requirements of the Code, any on-air references to the websites are clearly broadcast content. Such references must therefore comply with the Code.

However, when accessed – merely by clicking “enter” on the site's front page – the two websites contained extremely explicit material (equivalent to BBFC ‘R18'-rated content). This did not require registration to view and could be seen by under-eighteens. Registration and credit card verification was only required if the user wished to download the material in full. The promotion on television of this website was therefore of serious concern to Ofcom.

Ofcom concluded that the inclusion of promotional references to a website containing highly explicit ‘adult' material on a service regulated by Ofcom was a breach of the Code

Ofcom wishes to emphasise that it does not regulate the content of websites such as www.redhottv.com but that it does regulate on-air references to where such content may be found. It is therefore able to require a broadcaster to remove such a reference.

Further, and mindful that the trailer for Red Hot TV – and other ‘adult' services' trailers – is only available in the ‘adult' section of the electronic programme guide (“EPG”), it is Ofcom's view that references to a website for genuine subscription purposes, and not for the promotion of any other website content, may be an acceptable way to publicise a service that Ofcom requires to be encrypted. But where websites are used to enable subscription, the viewer should be taken directly to the relevant page(s) (otherwise Ofcom's rules on the undue promotion of goods and services may be infringed) and the websites must not contain unprotected R18-standard material.

Therefore it is Ofcom's view that any ‘adult' websites promoted on an Ofcom licensed service, even those that take the viewer to a subscription-only page, should not be broadcast until after 21.00 post-watershed. In no circumstances may such websites contain unprotected R18 material if they are promoted on a licensed service. Appropriate protection will be, for example, the need to purchase access to the stronger material by using a credit card or similar means that allows an age check to be done.

In Breach.

TV censors Ofcom have fined Square 1 £175000 for a scene on a free to air babe channel. Square 1 operate the channel Smile TV which has since renamed to Blue Kiss TV.

Ofcom received a complaint about the explicit sexual nature of the content broadcast on Smile TV on 22 May 2007 at around 22.25. The complainant referred to shots in which a female presenter appeared to insert her fingers into her anus several times and masturbate for a number of minutes.

In the material complained of the presenter wore only a thong and appeared to carry out the actions described by the complainant. There were also prolonged shots of her lying on her back, with her legs wide apart in front of the camera, apparently masturbating through the thong. She also encouraged viewers to call her by saying, for example: Well, I tell you what, you're not lasting a second tonight guys. Maybe it's all my oil on my shaved minge…If you'd like to hear some explicit chat tonight, while you're having a good old tommy tank… [rhyming slang for ‘wank' – i.e. masturbation].

Ofcom concluded that the sexual content on the programme was so explicit and prolonged, particularly the visual images, that it was 'adult-sex' material. This meant it fell within Rule 1.24 and accordingly should have been broadcast under encryption. The programme was not protected by encryption or in line with the other requirements of Rule 1.24 and therefore the broadcaster had breached Rule 1.24 of the Code.

Given that the material appeared on a free-to-air unencrypted channel, Ofcom also decided that it breached Rules 2.1 and 2.3 of the Code. These require broadcasters to protect viewers from material that is harmful or offensive and which cannot be justified by the context. In Ofcom's view the breaches were sufficiently serious that the case should be referred to the Committee for consideration of a statutory sanction.

For reference:

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 the other protections named 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

Babe channels featuring scantily clad women enticing viewers to call premium-rate phone lines will be forced out of business if new rules from Ofcom work as planned.

The communications regulator wants to crack down on the 17 “babe TV” channels, which can be found, free to watch, on the outer reaches of cable and satellite services.

It is part of an exercise to control television phone-ins, which were hit by a series of scandals last year. As mainstream broadcasters have already cut back on phone-ins, its principal impact is on unconventional broadcasters and channels such as Babe-station and Babeworld TV.

The new rules state that phone-ins can be used in programmes only whose primary purpose is editorial , such as Big Brother . The “babe” channels, which transmit only phone-line advertisements, can continue only if they opt to be governed by similar rules as home-shopping channels. This means they will be allowed to remain on air only if viewers have to enter a PIN to access the channel.