Broadbandindia Magazine

The moral police might have pulled the plug on adult programming on television but there is hope yet. After banning many channels for showing allegedly  ‘indecent’ programmes, the government appears to be having a rethink on the issue and is considering allowing channels to beam adult content, but only in fixed time slots (between 11 pm and 5 am). But all matters relating to programmes or advertisement telecast on TV channels, including requests for fixed time for the telecast of adult content, have been referred to a discussion.

The government has quickly set up a broadcast bill of Programme and Advertising Code under the Cable Television Network (Regulation) Act. The Information and Broadcasting Ministry is considering a fixed 11 p.m.-5 a.m. time slot for adult programming. The ministry banned FTV’s ‘Midnight Hot’, TB6, REN TV, Blue Kiss programmed previous years on grounds that it showed ‘skimpily dressed and semi-naked program that violated good taste and decency and denigrated  women’. This act of moral policing sparked outrage among liberals and the adult community that protested the move saying that the government should not decide what should be watched on TV and this decision was better left to responsible adults. Earlier, the government had banned AXN’s ‘World’s Sexiest Advertisements’ on similar grounds.

Anything before the fixed time (that is 9 pm for UK) should be appropriate for children. In light of the Centre’s November 2005 Downlinking Guidelines, foreign TV channels are required to register themselves in India and comply with the Programme Code and Rules prescribed under the Cable TV Act. The Code and Rules prohibit the telecast of any material found “unsuitable for unrestricted public viewing” by the Censor Board. The December 21, 2005 ban on adult films on cable TV has applied to broadcasters as well.

At present, there is a general broadcast code in existence that allows only programming with ‘universal’ tag to be aired.

Broadcasters have shown only schedules to include only ‘U’ programming. Even films with ‘U/A’ are not allowed to be screened. According to new rules, even advertisements will have to be cleared by the Censor Board before being screened. The DTH ship also sank—it too cans no allowed beam adult programm and music videos directly to homes.

Guidelines in USA

Regulation of television content is a reality in most countries. In the USA for instance, the FCC (Federal communication commission) acts as the regulatory body. Broadcast stations are prohibited from airing adult content from 6:00 am to 10:00 pm. It is interesting to note that cable TV is “almost unregulated” in the States and yet practices self regulation due to fear that this will prompt the FCC to introduce stringent regulation! Consumers have a choice of getting adult content by subscribing to several pay channels, which are freely available.

Guidelines in UK

The Indian adult programming code is likely to be based on the lines of ‘Ofcom’ (office of communication) guidelines framed by the UK. British government has  placed restrictions on advertising and promotions for an adult satellite television channel.

Ofcom was designed to be a ‘super regulator’, required in an age where many media platforms are converging. The short form of the name is given as OFCOM (all capitals) in the Communications Act 2003, which established the Office of Communications. Ofcom itself uses the mixed case form seen here, which is also the more widespread in the media. Ofcom’s duties are wide-ranging, covering all manner of industries and processes. It has a statutory duty to further the interests of citizens and consumers by promoting competition and protecting consumers from harmful or offensive material. Some of the main things which Ofcom preside over are licensing, undertaking research, creating codes and policies, addressing complaints and looking into competition. Ofcom has also become well known for its tendency to issue lots and lots of consultations (there was even a consultation on the consultations). However, this is the way Ofcom intends to run its business, being more open, accountable, and receptive to public and industry comments.

Adult Market in Europe

Adult TV stations are leading a boom in new channel launches across Europe. Porn channels were the fastest growing TV genre last year as Europe enjoyed a boom in new channels not seen since the mid-90s, according to research from Media Company. The number of new porn channels launches more than doubled last year to 28, up from 11 the year before. European viewers can now access a total of 84 porn channels, only marginally fewer than the 93 news channels available across the continent. Ten years ago there were just three European adult channels.

“Previously niche genres like adult entertainment and shopping are now entering the big league with the number of available services almost equaling some of the major genres like news, children’s and documentary,” said a media research spokesman. He said the explosive growth in porn channels was driven partly by their low set-up costs and quick rates of return. “With most adult channels all you need is two girls on a sofa and a studio the size of most people’s living rooms. We’re not talking The Discovery Channel here.” “They are cheap to run on a 24-hour basis and like shopping channels can break even within a year compared with four to five years for more mainstream channels.”

English multichannel viewers could cherry pick from 27 adult channels last year, up from 18 the year before. Italian viewers meanwhile have to be satisfied with just one adult channel, Spanish viewers with two and German audiences with five. Media research spokesman said “pay-per-night billing and the combination of premium rate text and phone calls are driving the phenomenal growth in TV porn, while overall channel growth is fuelled by expansion by European pay-TV operators.” As cable and IPTV operators try and exploit triple play offerings where households take telephone, TV and internet services from the same supplier, satellite channels are increasingly differentiating themselves by offering greater choice.

“After porn the second fastest growing genres were entertainment, sport, film channels and shopping. Europe saw 11 new shopping channel launches last year including ChoicesUK TV, from electronics retail chain ChoicesUK. British viewers can now access 41 shopping channels, 37 more than French viewers and well over half the European total of 72. 26 entertainment channels sprung up last year, down slightly on the record 29 that launched in 2003 but ahead of the 24 new sports channel launches in 2004. Among the slowest growing genres were women’s and general national TV channels witch saw no new launches in either 2003 or 2004.But the analyst said there were few signs that the explosive growth in new launches would slow this year. “The size of growth this year took us by surprise. It’s a bit like the housing market.

Every few years you see sharp peaks then a period of levelling off then massive spikes again.” Though the number of new channel launches fell slightly last year, from the record 295 introduced in 2003, Europe witnessed 277 new launches in 2004 and looks set to see more than 200 more this year. UK television viewers have a greater choice of channels than any other country in Europe, the research shows. Viewers in the UK can choose from a total of 416 TV channels, 170 more than French audiences and a staggering 323 more than German viewers.

Wrapping up

It is generally accepted by every one that television content needs to be regulated. The debate as usual is on the means to do it and, of course, the most important question of all – what constitutes adult content for the purposes for home consumption. The latter, especially, can be a very difficult nut to crack, given the fact that one man’s drink can be another man’s poison. Ask many activists and they might find a girl in a miniskirt offensive. Ask me and I might find a girl in a micro mini offensive and be upset as to why the director missed the chance to make her wear a bikini instead! One of the major reasons why many people seem to be incensed over T.V. content is remix songs. Indian T.V. content, as it exists today, is ok for consumption.

Some of the more risqué’ content is being shown fairly late in the night, anyways and that should be allowed. Nobody has the right to deny consumers their right to watch adult content, if they choose to. Like every art/media form and indeed, like every element of the society, it is trying to push the envelope and when the push becomes a bit too much, it will get a push back from other societal elements. But should we overdo this push back, we run the danger of becoming over protected. Its time therefore, that the broadcasters themselves come together and self regulate themselves by forming their own regulatory body, rather than allow the like of activist to run away with the ball and tie the whole society in knots, from which later it becomes difficult to escape.