Following Ofcom�s recent decision to fine Playboy TV UK �25,000 for broadcasting sexually explicit �R18� classified content, many people may have assumed that broadcasting of such content would have ceased on UK television.

Rather surprisingly this is not actually true. BBFC R18 equivalent content continues to be broadcast on many adult subscription channels as it has been for several years. This fact was recently confirmed by the BBFC. Some current broadcast content is clearly of R18 standard.

The BBFC have always maintained that anything too explicit for classification at the �18� category would automatically be classified as �R18�. There is no slightly-more-than-18-but-less-than-R18 category. The bounds of what constitutes R18 classification were set in 2000 and remain unchanged to this day.

The current programme code that Ofcom inherited from the ITC very clearly states in section 1.4d that �No �R18� version should be transmitted at any time�, so it is hard to see how Ofcom can permit the current state of affairs to continue.

Could it be that Ofcom are simply unaware that R18 content is being broadcast? Answer; no it could not. Ofcom have had cause to review transmission tapes containing such content from adult service broadcasters in the course of other recent investigations and are well aware of what is broadcast.

Perhaps Ofcom have interpreted ‘R18 content’ narrowly to mean content that has actually received a BBFC R18 certificate and excluding any content that was merely equivalent? Aside from the obvious inconsistency that this would lead to, it would also mean that Playboy TV should not have received a fine, as it�s output was equivalent to R18, but not certified by the BBFC as R18.

Perhaps Ofcom have interpreted �no R18 content will be broadcast at any time� to mean there are two sorts of R18 content, one of which Ofcom approves of and will allow, the other of which they disapprove of and will not allow? But this somehow just doesn�t make any sense. There is only one R18 classification.

Perhaps Ofcom will explain this situation? I am hopeful that we might hear something soon and when I do another posting here will be called for.

No doubt this matter will be resolved when the new program code becomes effective, but that is still more than 5 months away. In the mean time citizen-consumers have a right to expect (and Ofcom has a legal obligation to apply) consistent and transparent regulation at all times. This is clearly not happening in this instance.

There should be no room for horse trading in private between the regulator and the broadcasters over what is acceptable for the general public. The standard should be set in public interpreted in public and governed by the public.