Following on from what Russ had to say about Ofcom and Freedom of Information, visitors might be interested in my experience with Ofcom in this respect, which is in marked contrast to what Ofcom have reported. I asked for copies of some letters of complaint (excluding any personal details), copies of some of the content board�s discussion papers and copies of some of the main Ofcom board minutes. All three requests and subsequent appeals were refused by Ofcom on the grounds that, on balance, it was not in the public interest to release these documents.

If anyone is interested to read the details of the requests, appeals and refusals they can all be found here, along with my appeal to the Information Commissioner.

Those of you who have read my previous posts will not be surprised to learn that the information requested was in connection with the way in which adult services are regulated by Ofcom. It would seem that the situation we now face is even less certain and even more obscured than in the past. The release of the new broadcast code has raised more questions than it answers and Ofcom�s continual refusal to answer any questions of substance concerning adult services is now a cause of concern.

There currently appears to be some sort of restriction on answering questions about adult services at Ofcom. When the code was released I asked a number of questions and was told that, I would receive a response when they had had time to consider them. That was six weeks ago and I have heard nothing. I have also heard similar reports from others where people have been given a very evasive and superficial response or in some cases not received a reply at all.

So what gives? Well the BBFC�s Video Appeals Committee is due to pronounce on a series of attempts to shift the 18/R18 boundary in the next week or so, I wonder if this has anything to do with it? It�s likely that some changes will occur which will have knock on effects in broadcasting now that Ofcom has nailed it�s colours the BBFC classification mast. It is also possible (but unlikely) that the VAC could upset the entire regulatory apple cart and allow R18 content at 18.

Perhaps Ofcom are simply nervously waiting on developments like the rest of us and would rather avoid questions until the dust settles. Alternatively perhaps they just don�t have any adequate answers.

Back on the subject of Freedom of Information, I have a fourth request still pending asking for the commissioning documents and raw data from Ofcom�s recent PIN research. Would anyone like to give me odds on the likelihood that this request will be denied on public interest grounds?