Legal Research

Bang Bang You?re dead

By scott

As I predicted (and here), Ofcom has today revoked four licences held by four TV broadcast licences (Tease Me; Tease Me TV and Tease Me 2 and 3) owned by Bang Channels Limited and Bang Media (London) Limited following serious and repeated breaches of the Broadcasting Code relating to the broadcast of unsuitable ?adult sex chat? and ?daytime chat? content and a failure to provide recordings on request to Ofcom.

Ofcom states that between 18 March 2009 and 6 August 2010 the licensees had committed 48 separate breaches of the Broadcast Code in 45 programmes broadcast on the four channels. It added that since issuing the notice of proposed revocation (on 2 November) it had ruled on a further 9 breaches. And the cherry on the cake: On 19th November found evidence that BBFC R18 material [Hardcore porn, which cannot be broadcast legally in the UK on any channel even it is encrypted … and yes, this is stupid, but is an argument for another time] had been broadcast, which resulted in Ofcom ordering the Licensees to cease broadcasting with immediate effect.

According to Ofcom this was followed by the services being removed from the Sky EPG and from broadcast on the Freeview platform. “However, Ofcom has evidence that the Licensees have continued to broadcast material in breach of the direction. Whilst the material is not listed on the Sky EPG, it continues to be broadcast via satellite in the United Kingdom and Ofcom is aware that the Licensees have sought to inform viewers how to access these broadcasts by reconfiguring satellite receivers.”

This apparently from the same people who told Ofcom, that yes they realised things were bad, but they’d now replaced all the people responsible for things and had a new managing Director who would be in contact with Ofcom every two weeks to ensure they were complying with codes.

Unsurprisngly Ofcom was not buying it. They pointed out that not only had the £157,250 (as yet unpaid) fine failed to provide any deterrent effect on the licencees with regard compliance - demonstated by the fact that they breached to code even after being put on notice that Ofcom was considering revoking their licences - but that the Licensees were also in breach of a Direction to cease broadcasting.

Ofcom concludes: “the actions of the Licensees have gone well beyond what is considered acceptable under the Broadcasting Code or the BCAP Code. In Ofcom?s view, for the reasons set out above and in the circumstances it is appropriate, in order to ensure the protection of viewers from harmful and offensive material, to revoke the licences on the basis that the Licensees are no longer fit and proper persons. Repeated breaches of Rule 1.3 (protecting children by appropriate scheduling) and Rule 1.18 (mandatory PIN protection for ?adult-sex? material), and their equivalent BCAP Code Rules 32.3 and 4.2, are of particular concern and are considered to be of a very serious nature by Ofcom, in view of its duties under Section 3(2) of the Act to ensure adequate protection for members of the public from offensive and harmful material.”

Finally Ofcom makes clear to the licensees that if they continue to provide a relevant regulated television service “they will be guilty of a criminal offence under section 13(1) of the 1990 Act.”

I don’t think this is the last we will hear about Bang or indeed the last action Ofcom will take in the ?adult sex chat? broadcast sector.

Full post as published by Information Overload on November 26, 2010 (boomark / email).