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Francis ~oleman*and Sheena McMurtrie** The controversy over the availability of hard-core pornography in the UK through the introduction of the Red Hot ~elevision'satellite service in the summer of 1992, and its current proscription2 provides an interesting case study in the potential for misunderstanding the interaction of European Community law, international commitments and UK domestic law. The Factual Background The Red Hot Television satellite channel became available to subscribers with the necessary equipment on 25 July 1992. The service was marketed by Continental Television plc, a Manchester-based company licensed by the Dutch company, Continental Television BVio. A decoder was required as the service is encrypted; it was broadcast between the hours of midnight and 4 a.m. There was some controversy over whether the access to decoders was protected by a smart card or PIN. A succinct description of the material carried was provided by Colin Shaw, Director of the Broadcasting Standards Council (BSC): I* Formerly Lecturer in Law, The University of East Anglia. Lecturer in Law, The University of Buckingham. Initially it was known as Red Hot Dutch but the name was changed to Red Hot Television when transmission switched from the Netherlands to Denmark. By the Foreign Satellite
European Public Law – Kluwer Law International
Published: Jun 1, 1995
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