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The British regulator, Ofcom, has upheld complaints in a significant decision relating to advertising breaks in the series `Lost' broadcast by Channel 4. A number of viewers and one television company had complained about the amount of advertising and the placement of commercial breaks in the imported US series. The net length of each episode, without breaks, was around 41 minutes; it was however placed in a 65 minute slot. It contained three advertising breaks, usually of 3 minutes 50 seconds each with a longer end break of 5-7 minutes. In addition, sponsor credits and programme trailers were...

For the first time ever, and following a twelve-week consultation period, a 'Cultural Test for British Films' has been announced for films applying for tax incentives. The test establishes a points system to “provide a clear and measurable definition of what a British film is”. It will be necessary for Parliament to amend Schedule 1 of the Films Act 1985. Currently, the definition of a British film is based on “spend”, i.e., at least 70 per cent of a film's production costs has to be spent on film production activity carried out in the UK. From now on, to qualify as a “British film”, it must pass...

Under the Communications Act 2003, Ofcom (the British communications regulator) has the duty to ensure that advertising complies with the provisions of the Act. Section 319(2)(g) of the Act prohibits political advertising, which is defined as `an advertisement which is inserted by or on behalf of a body whose objects are wholly or mainly of a political nature' or `an advertisement which is directed towards a political end' (s. 321(2)). Political objects and ends are further defined as including `influencing the policies or decisions of local, regional or national governments…' (s. 321(3)(e)). The...

The Ofcom Content Sanctions Committee recently fined Channel 4 GBP 5.000 and ordered it to broadcast Ofcom's findings in a form and at a time to be determined by Ofcom. According to the Communications Act 2003, fines may not exceed 5% of “qualifying revenue” and the money is forwarded to the Treasury. The specific issue was “giving undue prominence to a commercial product” in breach of 8.4 (former ITC Programme Code) - now Section 10.4 of the Broadcast Code. During May 2004, a videotape item and discussion was broadcast on “the Richard and Judy Show” concerning the dangers of excessive caffeine...

Ofcom licencees have to be concerned with two types of advertising rules: - amount, scheduling and presentation rules and - content rules As regards the amount, scheduling and presentation rules, according to Section 322 of the Communications Act 2003, Ofcom has the power to give directions to any of its licencees on the following matters: (a) the maximum amount of time to be given to advertisements in any hour or other period; (b) the minimum interval which must elapse between any two periods given over to advertisements; (c) the number of such periods to be allowed in any programme or in any...