Playboy TV Fined Over Hardcore Broadcast
Media super-regulator Ofcom has handed down a £25,000 fine to adult broadcaster, Playboy TV, following the broadcast of hardcore pornographic material which breached the watchdog’s Programme Code.
Playboy’s broadcast of an R18 rated adult film on 1 May 2004, and a previous broadcast of 18 certificate material landed it in hot water with the regulator, which stated: “Ofcom viewed the Code breaches as serious. The rule prohibiting the broadcast of ‘R18’ version material is an absolute. The material was not borderline, but very clearly breached the Code.”
Playboy TV subsequently admitted that the broadcast material was prohibited under Ofcom’s Code for transmission at any time, whether encrypted or not. The broadcaster claimed that the failure to comply with regulations was the result of human error. However, Ofcom’s Content Sanctions Committee believed it also indicated a failure in Playboy TV’s management to ensure that adequate training and procedures were in place to avoid such breaches.
The regulator also took into account the broadcast of 18 rated material at inappropriate times on a number of occasions. On 30 April 2004 Playboy TV broadcast images in a pre-watershed promotional broadcast, as well as in other material which, though encrypted, were of an 18 standard, equivalent to the BBFC’s 18 certificate standard. The broadcast placed Playboy TV in breach of section 1.4 (c) of the Programme Code, which provides that such material should only be broadcast after 10pm. In another incident, occurring on 2 May 2004, Playboy TV also broadcast promotional material on a free to air basis at 20:21 which was more explicit the Code allows, placing it in further breach of section 1.4 (c).
Ofcom took the free to air broadcasts particularly seriously, stating: “The free to air material was, in particular, insufficiently protective of the interests of children. Any broadcaster licensed to transmit adult encrypted material which is restricted to subscribers but has free to air promotions, has an obligation to ensure that no sexually explicit material is shown even inadvertently in free to air promotions. For the avoidance of doubt, Ofcom wishes to make it clear that any such infringement is not to be tolerated.”
In handing down its ruling, Ofcom took into account Playboy’s assertion that its transmissions had been inadvertent rather than deliberate, had been admitted straightaway and were due to human error at a time when the channel was running two systems concurrently, one analogue tape-based and one digital. The broadcaster also assured Ofcom that the mistakes would not, if at all possible, be repeated and pointed out that the transmission of the R18 content occurred after midnight and under encryption, consequently minimising any harm or offence caused.
Ofcom also noted that Playboy TV had not profited from the breach, had taken it extremely seriously and that a new digital compliance system was being put in place which would avoid, so far as possible, any recurrence of such a breach.
However, the regulator expressed concern that the breaches had occurred less than two weeks after the channel was specifically reminded, by Ofcom, of the boundaries in which they had to operate. Consequently the broadcaster has been fined £25,000, however this is much less than the maximum penalty allowed by the Communications Act 2003, which allows for £250,000 or 5% cent of Playboy TV’s qualifying revenue for the relevant period to be docked as punishment.
The fine, Ofcom stated, reflected its “concern that a licensee breached an absolute prohibition in the Code and was aggravated in particular, by the transmission of adult material, free to air and before the watershed.” The proceeds of Playboy’s fine will now be passed to the Treasury.
Ofcom: 020 7981 3040 www.ofcom.org.uk Playboy TV UK: www.playboytv.co.uk
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