Ofcom Fines Playboy, Citing Unrestricted Website Access



YNOT EUROPE – The government-approved regulatory body for the communications industry in the UK has fined Playboy £100,000 (about U.S. $167,000) for failing to restrict minors’ access to images and videos of hardcore sex on two Playboy-owned websites.

According to Ofcom, PlayboyTV.co.uk and DemandAdult.co.uk lack adequate mechanisms for ensuring viewers are at least 18 years of age. Ofcom called the deficiencies “serious, repeated and reckless.”

Of primary concern to the agency appears to be Demand Adult’s prior practice of displaying hardcore images on its homepage, even before users were required to click on a button stating “Enter I am over 18 [sic].” (Since the ruling, the homepage imagery has become more subdued and the site now admits only paid members.) Ofcom took an extremely dim view of the hardcore images and indicated self-certification of majority is not a valid access control. Although the most explicit content was protected by a pay-wall, Ofcom also took exception to the site allowing members to pay with a debit card, which the agency considers insufficient evidence of a viewer’s majority because anyone of any age may acquire a debit card. On the other hand, the agency noted, credit cards are issued only to those older than 18.

Playboy TV was less problematic for the regulator, because explicit sexuality was not visible on the homepage. Still, Ofcom representatives noted, a button allowing users to self-certify adulthood provided the only access control on the homepage. This site, too accepted debit cards for membership payments. In contrast to Demand Adult, on Monday Playboy TV remains open and continues to employ only a self-certification button to verify a user’s majority.

Unlike some other adult websites available in the UK, the two Playboy sites are subject to regulation by Ofcom and the Authority for Video on Demand because they distribute their wares in a manner similar to television and are tied to pay- and satellite-TV operations in the real world.

The regulator assessed a £65,000 fine for infractions at Demand Adult and £35,000 for infractions at Playboy TV.

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