Jerry Barnett, Chairman of AITA, and MD of Strictly Broadband, was invited to speak at the ATVOD Industry Forum on the 23rd May. He had also been invited to speak at the board meeting that same day to present issues facing the adult industry. Without prior warning that invitation was postponed until July.
On 1st June he received notification from ATVOD that he was in breach of Rule 11 and given 10 working days to respond. This is his response which he has decided to make public for the benefit of the industry.
7 June 2012
To: Pete Johnson, ATVOD
Dear Pete,
I’m writing further to my letter (sent on behalf of AITA) of 30th March, and also in response to your letter dated 31st May, declaring my company in breach of Rule 11.
Following my March letter, which was an open letter to the ATVOD board, I was invited to present my concerns at the 23rd May Industry Forum meeting, and also attend the board meeting that afternoon to present issues facing the adult industry. I was also told that you would be sending a detailed response following the 23rd May meeting. I did indeed present my concerns at the industry forum, but was told that I was not in fact invited to attend that afternoon’s board meeting (I’d received no notification that this invitation had been rescinded). I was told that I would be instead invited to the July board meeting (this hasn’t yet been officially confirmed).
I have not yet received your promised response to my letter – instead, last Friday, I received official notice that my services are considered in breach of Rule 11, and given ten working days to respond. This letter comprises my response to that notice. Please note and respond to the following points:
1.I made clear in my last letter and at the Industry Forum meeting that I would not be able to operate my VoD business within the UK if Rule 11 is imposed as you have designed and interpreted it. I consider Rule 11 to be punitive; it effectively makes it impossible to run a adult web site in the UK, even though it breaks no UK law. This raises legal implications, which will require further exploration (I’m informed that a measure similar to Rule 11 was struck down by the US Supreme Court on grounds of free speech).
2.Given that the issues raised in my last letter are still (in theory) under discussion, and I’ve been (I’m told verbally) invited to present these issues to the July board meeting, this raises an issue of timing: how can my VoD business be forced offshore in June while this discussion is ongoing? I therefore request that you postpone enforcement of the notice until at least after the ATVOD board meeting in July.
3.Please be notified that I intend to move the editorial side of the VoD business out of the UK, probably to another EU country, by the end of this month. As I’ve said previously, our VoD business is in decline, and the future focus of my operation will be on adult phone chat, webcam and other social-media services. My currently employed Content Manager is leaving my employment on 12th June.
4.Although my company will no longer be an ATVOD-notified ODPS, I plan to continue representing the UK adult industry at ATVOD industry forum meetings on behalf of AITA.
I would like to further ask the following questions:
•You have been informed by multiple businesses within the UK adult industry that Rule 11 is punitive, and cannot be implemented without seriously damaging or destroying existing, legal businesses. Have you sought an opinion on whether it is in fact legal to knowingly drive our industry out of business or offshore? If so, please share this with ourselves and the Industry Forum.
•The ATVOD definition of “TV-like” appears to be very different from the definition chosen by other EU member states, which have not included adult web sites within the remit. Are you aware of any other EU countries that have followed the same path as the UK regulator in this regard?
•You have come to the decision that legal adult content “may seriously impair” under-18s. I request that you publish all expert opinion and academic research that was utilised in reaching this decision.
Regards,
J Barnett
Managing Director,
Strictly Broadband Ltd.
One Comment
Charles McMonagle June 12, 2012
I am so happy that at last we have someone who is prepared to challenge these so called committee’s that set themselves up and in reality have no power as such . I wish when I had my business in the adult shops ,I had someone fighting my case like this we all ended up closing the shops and moving on so I do hope that Jerry keeps fighting this case and we all get behind him give him full support to fight these goons who know nothing about the adult industry
http://www.aita.co.uk/?p=1002