How Important is it to Ask the Right Question?…ATVOD claims public support for its unreasonable restrictions on internet porn after asking leading questions in a survey

Read more ATVOD Watch at MelonFarmers.co.uk

Based on press release from atvod.co.uk

ATVOD has claimed overwhelming support for the censor’s enforcement of strict rules to curb on-line providers making hardcore pornography available to under 18s. ATVOD has published a survey conducted by ICM Research on 26-27 September 2012, and involving responses from a demographically based sample of 2019 adults in Great Britain. This asked the leading questions: Q1. Hardcore porn videos are videos featuring real sex shown in explicit detail. How easy do you think it is for children to see hardcore porn videos on the internet? 77% replied quite or very easy Q2. The law requires UK providers of ‘hardcore porn’ videos to take steps to ensure that under 18s can’t normally see such material. Those steps include restricting sales to credit card holders, or checking information against a reliable database e.g. the electoral roll. How important do you think such steps are? 88% replied quite or very important Q3. Inciting hatred is stronger than expressing dislike, ridicule or abuse and is not the same as discrimination . How easy do you think it is to find videos on the internet that are likely to incite hatred based on race, sex, religion or nationality? 70% replied quite or very easy Strangely ATVOD didn’t ask such questions as: Should adults without credit cards (debit cards not acceptable) be banned from viewing porn? Should be British companies be effectively banned from trading in the adult business whilst foreign companies are free to continue? Do you think Britain should develop a fair and practical system that allows adults to view porn whilst restricting children? Do you think it causes serious harm to depict an activity that children will be able to enjoy for themselves at 16, are well prepared for by the education system, and is discussed at great lengths in nearly all social circles and media. ATVOD has recently investigated 23 notified adult services, finding 13 to be in breach of the statutory rules because they featured hardcore porn material which could be accessed by under 18′s. Two of those found to be in breach have now closed and eight have made themselves compliant by placing all hardcore material behind an effective access control mechanism. Four services which failed to make changes according to the timetable set by ATVOD have been referred to Ofcom. The back-stop regulator is now considering whether to impose financial penalties or restrict or suspend services. Other services have been forced to move offshore in the face of almost impossible trading conditions under ATVOD rules. The VOD censor has also called for more to be done to protect UK children from hardcore porn on non-UK services, and encourages policy makers to consider: How to improve the take up and effectiveness of parental control software; Whether more effective use could be made of the Obscene Publications Act, given Crown Prosecution Service advice that offering unrestricted access to hardcore porn is prosecutable under that legislation; Whether a consensus might be built among EU Member States for measures to keep hardcore porn out of reach of children; and Whether action can and should be taken against UK entities involved in the provision of services from outside the EU, but targeted at the UK, for instance, payment processors. ATVOD Chief Executive Pete Johnson said: Public concern about the ease with which children can access hardcore pornography online is substantial and there is widespread support for ATVOD’s policy of ensuring UK websites providing such content do so only with safeguards that keep it out of reach of children. We have made good progress in ensuring that UK websites comply with rules designed to protect children from such harmful content, and our recent enforcement activity has sent a clear message that UK providers of hardcore pornography on demand must take effective steps to ensure that such material is not accessible to under-18s. Asking visitors to a website to click an ‘I am 18′ button or enter a date of birth or use a debit card is not sufficient — if they are going to offer explicit sex material they must know that their customers are 18, just as they would in the ‘offline’ world. But we cannot be complacent, and the views of the public can’t be ignored. ATVOD Chair, Ruth Evans said: We believe policy makers should consider whether more should be done to protect UK children from porn websites operating from other countries. Given the importance the public clearly attaches to protecting children from exposure to hardcore porn material, it is surely time to consider more imaginative ways to ensure that the standards ATVOD requires UK services to meet are replicated for hardcore porn websites operating from outside the UK and which are currently unregulated.

Canada is Not Far Enough for ATVOD…ATVOD driving Playboy TV offshore

Read more ATVOD Watch at MelonFarmers.co.uk

See article from atvod.co.uk

Scope Determination Service: Demand Adult Service provider: Playboy TV UK/Benelux Ltd Introduction On 9 June 2011 Playboy TV UK/Benelux Ltd notified the above Service to ATVOD. On 19 June 2012 Playboy TV UK/Benelux Ltd wrote to ATVOD stating that Playboy TV UK/Benelux Ltd intended to move editorial responsibility for the Service to the group’s head office in Canada. On 21 June we requested further information on the transfer of responsibility for the Service, which we received from Playboy TV UK/Benelux Ltd on 11 July 2012. On 24 July Playboy TV UK/Benelux Ltd confirmed that the transfer of responsibility had been completed (to Playboy Plus Entertainment, Inc in Montreal) and on 9 Sept and 10 Sept provided further evidence (in the form of email correspondence). ATVOD’s Determination Taking all the relevant considerations into account, including the evidence you have provided, ATVOD, as the appropriate regulatory authority, has determined in accordance with section s368A(1) of the Communications Act 2003 that as at 14 September 2012, Playboy TV UK/Benelux Ltd is the provider of the On-Demand Programme Service named above. The email evidence provided by Playboy UK (Annexes 1 to 3 – REDACTED) does suggest that a process of transfer has been in operation, with correspondence discussing redundancies of staff in the UK and information on access to various sites (including the Service) requested by the head office in Montreal (although the emails refer to http://www.demandadult.com, this appears to redirect to the notified service at http://www.demandadult.co.uk). However, it is ATVOD’s view that the evidence suggests transfer of editorial responsibility for the Service has not yet been completed. Written information on the site itself (Annex 4 – REDACTED) as at 14 September 2012 refers to PlayboyTV UK / Benelux Ltd and the associated UK address, and refers to the Terms and Conditions as being government by English law. Domain registration data suggests that Demand Adult is registered not to the Canadian entity but to the US address of Playboy Enterprises International Inc (Annex 5 – REDACTED). Furthermore, the email correspondence from David Cooke of 10 September 2012 (included in Annex 1 above) states that [s]ince Montreal took over, we in the UK have been updating the sites as per the previous editorial plan, which was simply uploading content as it becomes available from the content department….we’re only refreshing with new episodes when they have been transcoded. Montreal…[have] not got around to taking a look at how they might change things more drastically in terms of presentation or sale yet . This strongly suggests that PlayboyTV UK / Benelux Ltd retains editorial responsibility for the Service as defined by s368A(4) of the Act, ie. That PlayboyTV UK / Benelux Ltd still exercises general control over selection and organisation of the programmes constituting the Service. This is further supported by the fact that the overall design and layout of the Service does not appear to have changed in any significant details (Annex 6 – REDACTED). Should circumstances change, with a full transfer of editorial responsibility to an entity outside the UK, then ATVOD will of course consider any evidence relevant to a new request to withdraw notification of the Service.

AITA Call ATVOD’s Bluff…ATVOD asked to justify their ‘just in case there’s serious harm’ interpretation of European law requiring protection against ‘serious harm’

Read more ATVOD Watch at MelonFarmers.co.uk

See news release from aita.co.uk

AITA is seeking deeper levels of clarity on the position of ATVOD. Whilst we fully support the issue of protecting minors from viewing inappropriate content, the stance taken by ATVOD is, in our opinion, a short term solution that penalizes UK business and individuals who trade on a global stage. ATVOD continue to exercise what appears to be a broader jurisdiction than was intended and as a result, lack clarity and competence when dealing with specific matters relating to Rule 11 in particular. Adult Entertainment and content is mostly promoted and provided by utilizing the global internet. ATVOD remain of the view that a local solution, by forcing Age Verified Services for any UK based or managed business, will be sufficient and we have proven on many occasions, with the proliferation of content available outside the UK, that their current remit fails to achieve anything, other than unfairly bias and harm UK individuals and businesses who have always conformed to rules and regulation. AITA will continue perusing a considered legal option of ATVOD’s alleged outreach and unfair tactics, whilst collaborating with our colleague’s world wide to provide a more fulfilling solution, which allows all companies in this market sector to be treated equally.

ATVOD Extremism…ATVOD suggests that hardcore websites should be prosecuted under the Obscene Publication Act

Read more ATVOD Watch at MelonFarmers.co.uk

How can the depiction of something that is so commonplace, so central to life, so widely discussed (even amongst teenagers) and so comprehensively taught in schools, possibly deprave and corrupt? Undesirable for children maybe, but depraving and corrupting? Thanks to Therumbler See  article from  atvod.co.uk See also Submission to UKCCIS consultation on parental controls [pdf] See also Submission to Lords Communication Committee on media convergence [pdf]

ATVOD has published its submission to the recent consultation by the UK Council for Child Internet Safety on parental controls its submission to the call for evidence from the House of Lords Select Committee on Communicatons on media convergence and its public policy impact Together the documents begin to articulate ATVOD emerging public policy positions, setting out: ATVOD role and activities, especially in relation to protecting children The limitations of the current regulatory scheme, especially in relation to non-UK services ATVOD’s view that it would be premature to attempt to put in place a rigid new regulatory structure ATVOD’s view that public policy should focus on clearly identified areas of public concern, including the ease with which children can access hardcore porn online ATVOD’s view that parental controls and media education are part of the solution, but their efficacy should not be overstated ATVOD’s view that further consideration should be given to more active enforcement existing legislation, including the Obscene Publications Act

ATVOD September Progress Report…2 VOD services killed, 7 suffocated and 4 referred to Ofcom for sanction

Read more ATVOD Watch at MelonFarmers.co.uk

See  article [pdf] from  atvod.co.uk

ATVOD reported that an Amended Designation came into force on 14 September. This followed the Ofcom’s statement on the review of ATVOD’s designation published on 15 August and Ofcom’s publication on the same day of its procedures for dealing with appeals and sanctions in relation to on demand programme services. It allows ATVOD to make more decisions without referring back to Ofcom And the latest September newsletter reveals viewer 56 complaints for August 2012. 26 were referred to the VOD service provider 28 were considered by ATVOD but were ruled out of remit after an initial assessment. 2 concerned services not notified to ATVOD and which are now the subject of a scope investigation Following Determinations in July that 13 services had been in breach of its repressive Rule 11 (which bans debit card holders from accessing VOD porn): 4 services were referred to Ofcom for consideration of a sanction in light of their failure to comply with an enforcement notice. 2 services were closed 7 services complied with the credit (not debit) card requirement before letting surfers access any hardcore material

ATVOD Suffocate Strictly Broadband…Major British adult VOD business forced to sell out to the US

Read more ATVOD Watch at MelonFarmers.co.uk

See  article from  erotictradeonly.com Who’s going to type in their credit card details just to get a look see at a website? And why should debit card holders be banned from viewing porn.?

After more than seven years of trading, VOD specialists Strictly Broadband and sister site Anywhere.xxx have closed their affiliate programmes as the company as an on-going business is shut down prior to being sold to the US. Earlier this year Strictly Broadband MD Jerry Barnett warned that it would be impossible to run a UK-based VOD business and comply with regulations introduced by the UK VOD censor, ATVOD [the Authority for Television on Demand] Following the closure, Barnett told ETO’s Paul Smith: The real story isn’t what’s happened to us, it’s ATVOD, which has made difficult trading conditions unmanageable. It’s a shame the wider industry and media has essentially ignored this. Basically there’s an on-going, all-out attack on the adult industry which, since it was launched by ATVOD, has forced several websites to close and driven others out of the UK. Strictly Broadband — with Anywhere.xxx — is just the latest in a series of firms to have to take this radical step. To move forward, and continue a service for our content providers and paying customers, the business has been sold to a US start-up firm called Velvet Rose which is a real shame, not just for the me, but for the staff who’ve I’ve had to let go, and for the UK treasury as the PAYE and VAT I was paying them now goes elsewhere.

A Drive for Cash…ATVOD claim that the BBC should pay its fees for Top Gear clips on YouTube

Read more ATVOD Watch at MelonFarmers.co.uk

See  article from  telegraph.co.uk

ATVOD has claimed that BBC should pay its extortionate censorship fees for clips of Top Gear and Nigella Lawson uploaded to YouTube. Video on Demand censors ATVOD carried out the investigation and ruled that the BBC should pay its annual charge for each YouTube channel. The clips under examination are segments of Top Gear lasting up to nine minutes, along with similar footage of Nigella Lawson and other cooks on the Food Programme . ATVOD claimed that the BBC clips on You Tube resemble linear television programmes. The BBC consider that the the clips were not TV-like because they are watched in short chunks often by people on the move . The BBC said: BBC Worldwide considers the duration of programmes to be a key characteristic of the form and content of programmes normally included in television programme services The YouTube channel in question provides only short clips. An analysis of the five main UK channels over four days demonstrates that only 3.2% of programmes were less than 10 minutes in duration. Therefore it is a key characteristic of the form and content of programmes normally included in television programme services that they last longer than a short period of time. Television programmes are consumed at home, in comfort on the sofa and the longer duration is indicative of this. Short form content is not ‘television-like’ as it is often viewed on the move or during quick breaks in the working day. The BBC has launched an appeal against the ATVOD ruling to an Ofcom panel.

ATVOD Annual Report 2011/12…ATVOD take delight in suffocating British adult websites

Read more ATVOD Watch at MelonFarmers.co.uk

See  press release from  atvod.co.uk See Annual Report 2011/12 [pdf] from atvod.co.uk

ATVOD writes: Tough action aimed at protecting children from hardcore porn videos on line has been revealed by one of Britain’s media regulators. More than 20 UK porn video services have been investigated in recent months by The Authority for Television On Demand — co-regulator of editorial content in UK video on demand services. The authority’s annual report details steps taken by ATVOD in the year to 31 March 2012 to protect children from hardcore porn on regulated video on demand ( VOD ) services, including action against on-line service Bootybox.tv . The porn video site closed after ATVOD issued an enforcement notification requiring the operators to either remove the hardcore porn content from the service or put it all behind effective access controls which would ensure that only adults could see it. Since the period covered by the annual report, ATVOD has launched pro-active investigations into 23 more notified adult services and found 13 to be in breach of the statutory rules because they featured hardcore porn material which could be accessed by under 18′s. Two of those found to be in breach have now closed and seven have made themselves compliant by placing all hardcore material behind an effective access control mechanism. Four services which have failed to make changes to ensure that under-18s cannot normally see hardcore material have been referred to Ofcom so the back-stop regulator can consider whether to impose a financial penalty or restrict or suspend the service. ATVOD Chief Executive Pete Johnson said: We have made good progress in ensuring that UK operators of regulated VOD services comply with rules designed to protect children from harmful content, but we are not complacent and will continue to monitor relevant services and act as required. Our recent enforcement activity has sent a clear message that UK providers of hardcore pornography on demand must take effective steps to ensure that such material is not accessible to under-18s. Asking visitors to a website to click an ‘I am 18′ button or enter a date of birth or use a debit card is not sufficient — if they are going to offer explicit sex material they must know that their customers are 18, just as they would in the ‘offline’ world. In its report the authority also welcomed Ofcom’s decision to confirm the TV on demand regulator’s designation until 2020, and to give ATVOD more operating freedom, including removal of the need to seek prior approval from Ofcom before publishing guidance. Commenting on the decision, ATVOD Chair Ruth Evans said: ATVOD has developed and matured as a regulator over its first two years and we warmly welcome Ofcom’s decision to reflect this not just by confirming that the Designation will run until at least 2020 but also by giving ATVOD greater autonomy and independence. The 2012 Annual Report also highlights: A rise in the number of regulated VOD services: from 154 at the end of 2010-11 to 184 at the end of 2011-12 A tenfold rise in the number of complaints to ATVOD about VOD services: to more than 50 per month in 2011-12 ATVOD’s analysis that regulatory protections may not be wholly in tune with the needs of viewers, especially their desire to protect children from inappropriate content, as TV, VOD and the internet increasingly come together on the main family TV screen in more and more households, providing a single and simple point of access to services subject to different regulatory regimes and to services which are unregulated. The consolidation of ATVOD, and its Industry Forum, in its second year of operation, and the introduction of a more robust and equitable fee structure with concessionary rates for non-commercial and small scale service providers

Keep Up the Good Work Suffocating the UK VOD Industry…Ofcom reviews and approves VOD censor ATVOD

Read more Ofcom Watch at MelonFarmers.co.uk

See Review of the Ofcom Designation of the Authority for  Television On Demand [pdf] from stakeholders.ofcom.org.uk

A couple of year’s ago Ofcom delegated the role of Video on Demand censor to ATVOD. Ofcom recently announced the required progress review of ATVOD’s work and have now announced the result that ATVOD will continue to be the delegated VOD censor. In fact Ofcom changed the rules a bit to allow ATVOD to make some decisions without referring back to Ofcom for confirmation. On the subject of R18s on VOD the review comments on ATVOD’s decision against Bootybox.t: Bootybox.TV was a website providing adult on-demand programmes. A complaint was received on 26 June 2011 that the service had ….no parental control on…. , and that the content was ….far too strong to be allowed even under UK law…. ATVOD conducted a full investigation of the service and established that the principal purpose of the service was to provide content that was R18 or stronger. In its view, the content met the statutory test of material which might seriously impair a minor and that accordingly an effective Content Access Control System was essential. How can the depiction of sex, something that is so central to human life, and experienced by nearly everyone, many from the age of 16, be somehow ‘seriously’ impairing. The kids know all about it, as sex education is mandatory in schools. Not to mention that it is one of the major topics of conversation for teenagers. It is understandable that parents would prefer their kids not see it, but that is not the same as claims of ‘serious’ impairment. ATVOD also got in a whinge about foreign tube sites: ATVOD explored the concern over the ease with which children can access harmful material especially through a small number of so- called ‘Tube’ sites operating from the USA, and therefore outside ATVOD’s jurisdiction . ATVOD has said that it will take a precautionary approach to implementing the Rule about material harmful to under eighteens when it is within its jurisdiction. Hence, it has made clear that ….material which might seriously impair the physical, mental or moral development of minorswhen provided as part of an on-demand programme service may include content that has been classified R18 by the British Board of Film Classification, or material equivalent to content classified in that category. Ofcom allude to further Government thoughts on the matter in the next round of TV legislation: Ofcom notes the views expressed by ATVOD and other stakeholders about the growing concerns around the availability of content that might seriously impair the physical, mental or moral development of under-eighteens, and expects to explore these issues further. Ofcom addressed this issue in its report on report on Sexually Explicit Material and Video-On-Demand Services39 . In its response40 to the report, the Government stated that it intended to address this issue comprehensively in its review of the current regulatory framework for the communications sector. Ofcom will take account of any conclusions reached.

Few Relevant Complaints But Plenty of Wrangling about the Rules…ATVOD monthly complaints bulletin

Read more ATVOD Watch at MelonFarmers.co.uk

See  article [pdf] from  atvod.co.uk

In July 2012 ATVOD received 41 new complaints. Of these: 23 complaints were referred to the service provider in the first instance 17 were deemed to be out of remit after an initial assessment 1 concerns a service which is not notified to ATVOD and which is now the subject of a scope investigation. Meanwhile ATVOD ‘determined’ that TV On Demand on the Hutchison 3G UK mobile platform was liable to ATVOD censorship, but the Country Channel on YouTube was let off the hook. ATVOD also noted that MSN Video Player had opted out of ATVOD censorship after ending its supposedly TV-like service.