Elite Days
Elite TV (Channel 965)
Elite TV 2 (Channel 914)
30 November 2010 – 8 December 2010, 10:00 – 14:00
Elite Nights
Elite TV (Channel 965)
30 November 2010 – 4 January 2011, 21:00 – 01:20
Elite Days is televised daytime interactive chat advertisement programming broadcast on the services Elite TV and Elite TV 2 (Sky channel numbers 965 and 911 respectively). These services are available freely without mandatory restricted access and are situated in the adult section of the Sky electronic programme guide (EPG). Viewers are invited to contact onscreen female presenters via premium rate telephony services (PRS). The presenters generally dress and behave in a flirtatious manner.
Elite Nights is televised interactive adult sex chat advertisement programming broadcast from 21:00 on the same two services and Sky channels. This service is also available freely without mandatory restricted access and is situated in the adult section of the Sky EPG. Viewers are invited to contact onscreen female presenters via PRS. The female presenters dress and behave in a sexually provocative way while encouraging viewers to contact the PRS numbers.
The service Elite TV is owned and operated by Primetime TV Limited; and Elite TV 2 is owned and operated by Over 18 TV Limited.
Ofcom received complaints about the above broadcasts of Elite Days. In summary the complainants were concerned that these broadcasts showed sexual content that was too strong to transmit before the watershed. In particular, the complainants were concerned that the broadcasts were transmitted at a time when children could have been watching.
Ofcom provided a few exampled of what they were whingeing about eg:
Elite Days, Elite TV (Channel 965), 30 November 2010, 12:00 to 13:15
The female presenter was wearing a black lace body with her black bra and thong visible underneath, and thigh high boots. During the broadcast the presenter sat facing towards camera with her legs wide open for long periods of time. She also: lay on her side with her legs open; positioned her buttocks to camera; repeatedly gyrated her buttocks; and repeatedly stroked her buttocks, inner thigh and breasts. There were also shots panning up and down the presenter’s body.
Elite Nights, Elite TV (Channel 965), 30 November 2010, 22:30 to 23:35
Ofcom noted that between 22:30 and 23:00 the female presenter was wearing a revealing black thong which revealed her outer genital area. She was not wearing a top. During the broadcast the presenter was shown, for prolonged periods of time: lying on her back with her legs wide open to camera; lying on her front with her legs apart facing the camera; and kneeling on all fours with her buttocks positioned to camera. While in these positions the presenter forcefully thrust her buttocks for prolonged periods of time towards camera; repeatedly touched around her genital and anal area; and licked her breasts. The broadcast included close up shots of the presenter’s genital area.
Ofcom censors babe channels as advertising so considered the advertising BCAP Code Rules:.
- BCAP Code Rule 4.2: Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards.
- BCAP Code Rule 30.3: Television only — Advertisements for products coming within the recognised character of pornography are permitted behind mandatory restricted access on adult entertainment channels only.
- BCAP Code Rule 30.3.2: Television only — Advertisements permitted under rules 30.3… must not feature material that comes within the recognised character of pornography before 10.00pm or after 5.30am.
- BCAP Code Rule 32.3: Relevant timing restrictions must be applied to advertisements that, through their content, might harm or distress children of particular ages or that are otherwise unsuitable for them.
Ofcom Decision: In Breach
Elite Days
The daytime broadcasts all contained material which raised similar issues under BCAP Code Rule 32.3. All of the broadcasts featured female presenters wearing skimpy and revealing clothing. For example, in all cases the female presenters wore thongs that provided minimal coverage of their buttocks. The presenters were all shown acting in a sexualised manner by repeatedly adopting various sexual positions, such as: kneeling on all fours and positioning their buttocks to camera; sitting and facing the camera with their legs wide open; and lying on their side and back with their legs wide open (away from camera). In some cases the presenters were in these positions for prolonged periods of time. While in these positions, all of the presenters repeatedly: rocked and/or gyrated their buttocks and pelvis as though miming sexual intercourse; touched or shook their breasts; and touched their bodies (including their buttocks and inner thighs) in a sexually provocative manner. In addition, in all cases the broadcasts included shots of the camera panning up and down the presenters’ bodies.
In Ofcom’s view, the revealing clothing and repeated actions and sexual positions of the presenters were intended to be sexually provocative in nature and the broadcast of such strong sexualised content was inappropriate to advertise daytime chat. In light of this behaviour and imagery, Ofcom concluded that under BCAP Code Rule 32.3 the material included in these daytime broadcasts was clearly unsuitable for children.
Ofcom then considered under BCAP Code Rule 32.3 whether relevant timing or scheduling restrictions were applied to these broadcasts by the Licensees. Ofcom noted that the services Elite TV and Elite TV 2 are situated in the adult section of the EPG. However, all the broadcasts were transmitted without mandatory access restrictions at various times during the day when children may have been watching television, some unaccompanied by an adult. Taking into account the factors above, Ofcom has concluded that relevant timing and scheduling restrictions were not applied to the broadcasts so as to offer adequate protection to children.
Ofcom also concluded under BCAP Code Rule 4.2 (generally accepted standards) that, given the strong nature of the material as decribed above and inappropriate scheduling of the material during the daytime, it would cause serious or widespread offence against generally accepted moral, social or cultural standards.
Therefore Ofcom concluded that this material breached Rules 4.2 and 32.3 of the BCAP Code.
Elite Nights
In Ofcom’s view, the primary purpose of broadcasting this material was clearly sexual arousal. Given the above, the material was, in Ofcom’s view, of a very strong sexual nature and would have been considered by viewers to be “within the recognised character of pornography”. The broadcast of this advertising programming, without mandatory restricted access, was therefore in breach of BCAP Code Rule 30.3.
Ofcom has concluded that relevant scheduling restrictions were not applied so as to ensure that the material did not cause widespread offence against generally accepted moral, social or cultural standards. Therefore Ofcom concluded that this material breached Rule 4.2 of the BCAP Code.
Final Warning
Ofcom notes that these contraventions of the BCAP Code by the Licensees occurred after various published Ofcom decisions, but before Ofcom issued on 28 January 2011 new and detailed guidance to daytime and adult sex chat advertising broadcasters about compliance with the BCAP Code (see footnote 6 above).
In light of our serious concerns, Ofcom has already held a meeting with the Licensees to discuss their compliance arrangements. Ofcom puts Primetime TV and Over 18 TV on formal notice that it must take all necessary and appropriate measures to ensure its channels comply with the BCAP Code in the future. If further breaches of the BCAP Code occur, Ofcom will consider further regulatory action.
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