Babestation Ofcom lodges porn TV complaint with Dutch regulator

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Is there any reason the Dutch can't refuse to comply with Ofcom's wishes. especially given that they were requested by a competitor?

When i first read this article two phrases came to mind to sum up Ofcom 'clutching at straw' and 'pissing into the wind' but their hand was forced into taking action by the high profile campaign by Six TV, a community TV service.
Six TV were not happy about the possible positioning of their service on the Freeview DTT platform after the Adult section and wrote to every MP with visual evidence highlighting this fact and that two such adult channels were licensed overseas by the dutch authorities.
Whilst i don't believe this would have caused to much concern amongst the majority of MP's i have no doubt that Jeremy Hunt through his media minister Ed Vaizey instructed Ofcom to bring the broadcaster, Cellcast, in line with the limitations of the Broadcasting Code.
Now whilst we know that the Dutch Authorities have a more lenient attitude towards sex, drugs, prostitution etc and probably laugh at the british attitude towards these subjects they are obliged to act upon and investigate the complaint from Ofcom.
The Dutch authority NICAM will need to ensure that the licence holders Game Network BVl comply with the requirements of the AVMSD article 2 concerning jurisdiction, chiefly on where their central administration is located and where management decisions are taken on programming or selection of content, ie Holland.
If Game Network BVI satisfy that criteria then Ofcom, who we know have adopted national rules that are stricter than the directive (as they are free to do), knowing these can only be applied to licenses in their jurisdiction, will require NICAM under article 4 to 'give way' under the cooperation procedure with regard to safeguarding the UK's population, generally children.
Article 4 allows,

•if a country objects to the content in a foreign television broadcast which is wholly or mostly directed to it, it can use a consultation procedure (cooperation procedure) to address the country of origin. The latter shall then issue a non-binding request for the broadcaster to comply with the stricter rules of the targeted country.

•if the broadcaster circumvents these national rules, the objecting country can also - with the Commission's prior approval – take binding measures (circumvention procedure).

So Ofcom may get their way which would effect all of Cellcasts transmissions on both Freeview and Sky including BSEtreme, timescales dependant on the swiftness of the Dutch authorities to action on the evidence provided.

The complaint seems to have been triggered by a report submitted to UK regulator Ofcom by a British broadcaster called Six TV. [hidden link - please register]

I had never heard of them before this, but there was a regional broadcaster with licences in Oxford, Southampton, Reading and Portsmouth between 1999 and 2009. It ceased broadcasting when the absence of guarantees that it would get a digital licence was judged to render the business non-viable. [hidden link - please register]

It really is not clear why any broadcaster would go to the time and trouble of compiling a report into another broadcaster that it does not compete with.

The Department of Media, Culture and Sport (DCMS) is currently seeking to licence digital regional TV but it is not clear if Six TV has applied.

Kindergarden.....

Mostly the Teens with 14 have Sex, drink alcohol and begin to smoke but if a TV channel wants to broadcast porn or erotic it will be banned. It seems to me the EU is a bigger Censorship now as the USA or China.....

Tarl_Cabot wrote:(puke) (angry) (puke) (angry) (puke) (angry) (puke) (angry) (puke) (angry) (puke) (angry) (puke) (angry) (puke) (angry)

You took the words right out of my mouth Tarl

From what i can see it effects "Freeview" only for now which is built in to most new TV's in the UK, as babestation have a number of channels on that format including there encrypted channel BSXtreme it does not look good if the dutch regulators give them what ofcon want which at the end i'm guessing very big fines, they also say may be advertising to under 18's so curing before they know if theres a illness, as it seems more speculation just in them few words i hope the dutch turn around to them and tell them to have a smoke and chill while they visit

"We have begun special European co-operation procedures with the Dutch TV regulator, which is responsible for the channels, to help us to secure further measures to protect UK audiences"

Ofcom statement

(puke) (angry) (puke) (angry) (puke) (angry) (puke) (angry) (puke) (angry) (puke) (angry) (puke) (angry) (puke) (angry)