Wouldn’t it be so much more convenient if Sky were to broadcast xxx R18 content? Instead of extra dishes, CAM’s and other bits and pieces anyone with access to Sky could watch explicit content after a simple phone call, it would be hugely popular, so why don’t they? The answer of course is the ITC programme code – nothing must be broadcast that offends against taste and decency (ha!) and transgressions are liable to lead to 5 figure fines etc. So the idea was a non-starter, until now…
No I’m not joking. It is now entirely reasonable to expect hardcore content on domestic subscription services some time later this year. In case you are still not convinced here are a few points worth bearing in mind:
The legal requirement to ensure that taste and decency are maintained at all times has been dropped. The Communications Act 2003 has replaced it by a requirement to ensure that “generally accepted standards” are maintained instead.
The DCMS have abandoned proscribing (banning) foreign services ever since the BBFC permitted hardcore on video in 2000 and thousands now watch foreign xxx content.
Ofcom have yet to decide what “generally accepted standards” should mean, but R18 is the generally accepted standard for adult video and Ofcom are required to apply consistent, proportionate and joined up regulation. They are also required to regulate in the interests of consumers and citizens. So how many consumers “in relevant markets” would agree that the existing regulatory arrangements are satisfactory?
Although Ofcom replaced the ITC on the 29th December, the Communication Act ensures that the old ITC rules will remain in force until Ofcom creates new rules. Ofcom are planning to review all broadcasting standards in the first half of 2004 and will be holding public consultations before they do this. The date for the standards consultation is likely to be announced on the 19th January and will probably be sometime between February and June 2004.
There is no guarantee that Ofcom will deregulate, but it’s likely if enough people are prepared to take part in the public consultation when it is announced. Any one who wants to take part or wants more information can contact me at admin@ofwatch.org.uk and I will let you know what is going on. Details will also be announced on this board (moderators permitting) and at www.ofwatch.org.uk and www.ofcom.org.uk.
In the mean time the BBFC are conducting their own survey on the publics view on standards for sex and violence in video and film at all categories including R18, which you might be interested in completing, as it is also likely to effect adult satellite via Ofcom’s requirement for consistency. It only takes a few minutes, visit www.bbfc.org.uk and the survey appears in a popup window the first time you visit.


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