The following letter was noticed today on one of the �small specialist internet sites / forums� described in the text and visited from time to time by myself. The topic will be familiar to regular readers over the past year but the implications are a little worrisome.

�Complaints about various programmes on adult channels

I refer to your recent complaints about the content of certain programmes transmitted on licensed adult channels.

As you are clearly aware, the Broadcasting Code (Section 1.25) states that BBFC R18 rated films or their equivalent may not be broadcast on UK television. And I note your assertion that - in your view - some particular films may have included very brief shots that might have gone beyond what is normally acceptable in BBFC 18 rated sex works.

I am sure I do not have to explain to you that much of the material broadcast on the licensed adult channels involves films originally certified at R18, and subsequently cut down for UK transmission. The cut down versions are not subsequently submitted to the BBFC for re-classification - nor is there any legal requirement for them to be re-classified for television. In other words, compliance with the broadcasting code is - in the first instance - a matter for the broadcaster alone.

Ofcom, of course, is not a film classification body, and it would be entirely inappropriate for us to seek (and we do not seek) to usurp the role of the BBFC in that regard, and “classify” individual shots. Nevertheless, we expect cut-down films shown on UK television services to be broadly in-line with the national classification system, and not to stray into R18 territory. For that reason, we are engaged in a dialogue with the broadcasters to ensure that they are fully aware of their responsibilities.

In the meantime, I note your previously stated position that you are not personally offended by any of this material, and that you would - in fact - prefer to have access to much stronger material on UK television. In other words, your motives for making these complaints are not straightforward.

I am aware that a small number of specialist internet sites / forums are currently urging contributors to make multiple complaints of this kind for nuisance value - in protest at the continued restrictions on the transmission of R18 material. In such circumstances, Ofcom may take the view that such complaints are vexatious and/or generate an unjustified and greatly disproportionate burden on Ofcom`s limited resources.

Although I have responded to your complaint on this occasion, you should be aware that if Ofcom considers complainants to be vexatious, either due to their submission of multiple complaints or for any other reason, it is Ofcom`s policy not to respond to them.We will, of course, continue to regulate the adult industry as appropriate and in accordance with our duties under the Act.

Yours sincerely

John Glover
Senior Programmes Executive.�

It would appear that Ofcom have decided that certain types of complaint can be safety ignored, although it is perfectly clear to all concerned that material that breaches the existing regulation is routinely being broadcast in contravention of the new broadcasting code and not only �very brief shots� but in many cases extended sequences of material that would not receive a BBFC 18 certificate are being broadcast.

The code requires that no R18 or equivalent material is broadcast. It does not state that UK television services should be �broadly in-line� with the national classification system.

It is Ofcom�s job to enforce the code and it should not matter who reports a channel for breaking the code. Ofcom have a duty to investigate and take appropriate action which they have clearly not done in this case. Either the code should be enforced or the rules should be changed otherwise the whole system of regulation will be brought into disrepute.

It seems increasingly likely that some form of private arrangement has been reached between Ofcom and some of the adult service broadcasters that allow some latitude in what is broadcasts provided things don�t go too far. This is the exact opposite of transparency and should have no place in the regulation of British television.

Whilst it may be easy for Ofcom to brush aside a few complaints from anti censorship protestors they are clearly moving into dangerous territory here, who is to say which complaints should be investigated and which are unjustified? It would only take one Daily Mail reporter to be treated as a vexatious complainant to set the cat amongst the pigeons.