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
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 ฃ130,000. 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.