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

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

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.

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.

****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 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.

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.

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

The licensees have been revoked for the following services:

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

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

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

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

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

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

On 19 November 2010, Ofcom directed the broadcaster to suspend transmission and today the licenses have been revoked.

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

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

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

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

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

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

Response

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

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

Assessment: 1. & 2. Upheld

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

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

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

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

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

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

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

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

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

A 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.

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 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

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