United Kingdom

[GB] Adjudication in the Case of Playboy TV UK/Benelux Limited

IRIS 2005-3:1/21

David Goldberg

deeJgee Research/Consultancy

On 10 February 2005 the UK media regulator OFCOM - in particular, the Content Sanctions Committee -made an adjudication in the case ofPlayboy TV UK/Benelux Limited. The Committee found the channel to be in serious breach of the Programme Code, Articles 1.1 and 1.4(d).

Article 1.1 concerns general requirements relating to “Family Viewing Policy, Offence to Good Taste and Decency, Portrayal of Violence and Respect for Human Dignity”.

Article 1.4 - an absolute duty - requires broadcasters to refrain from transmitting any material in its “R18” version. That classification is according to the scheme established by the British Board of Film Classification (BBFC). R18 means that the material so classified (primarily for explicit works of consenting sex betweenadults) is“To be shown only in specially licensed cinemas, or supplied only in licensed sex shops, and to persons of not less than 18 years” and not by e.g., mail order.

The Committee criticised Playboy's management for a failure to “institute adequate training and operational procedures to avoid such breaches of the Code.” Playboy had argued that the transmission was the result of “human error”. Playboy TV was also found in breach of the Code insofar as it transmitted pre-watershed promotional material, both encrypted and unencrypted on two occasions. This was in breach of Article 1.4 (c).

The channel was fined GBP 25 000.


References



This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.