§ Mr. Austin MitchellTo ask the Secretary of State for National Heritage what was the outcome of the case before the European Court of Justice between Her Majesty's Government and the broadcaster Red Hot television. [167]
§ Mr. SproatThe case has not yet been concluded.
§ Mr. Austin MitchellTo ask the Secretary of State for National Heritage which encryption systems have been employed by the television services Rendez Vous and TV Erotica and notified to the Secretary of State by the Independent Television Commission; and what powers she has to ban these systems. [166]
§ Mr. SproatI understand that both the TV Erotica and Rendez Vous channels employ the Eurocrypt encryption system for their broadcasts. An encryption system may be utilised by a number of different channels including, as in this case, by some whose broadcasts are in no way unacceptable. To outlaw an encryption system would not therefore be appropriate.
The order that I made on 14 November 1995 under section 177 of the Broadcasting Act 1990 proscribing TV Erotica, however, makes it a criminal offence to advertise, promote or sell the specific software, or smart cards, required to decode the TV Erotica channel's signal. The order comes into force on 5 December 1995. I am considering what action to take in the case of Rendez Vous.