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On 6 March 2017, Ofcom determined that Fox News, a USA news channel and broadcast as a digital satellite channel, had breached Rules 9.4 and 9.5 of Ofcom’s Broadcasting Code by allowing advertising material or promotional material to be screened as if editorial content. During its Hannity show on 5 and 6 August 2016, Fox News broadcast short segments each lasting about two minutes entitled Fox Extra. These segments covered various subjects including cooking, health, technology, and travel, as well as guest interviews. On 5 August, a health section lasting about two minutes comprised of an extract...

On 3 April 2017, pursuant to The Royal Charter for the Continuance of the British Broadcasting Corporation (BBC) Royal Charter (the “Charter”) the communications regulator Ofcom will regulate the BBC, succeeding the role previously undertaken by the BBC Trust. Ofcom will be the first external and independent regulator of the BBC. The Charter took effect on 1 January 2017 and expires on 31 December 2027. Prior to 3 April 2017, the BBC was already subject to certain Ofcom regulation, such as that concerning the protection of children, hatred and abuse, religion, and fairness issues. However, as from...

On 9 March 2017, Ofcom published a statement setting out its decision to remove the concept of the list of “larger parties” from the rules on party political and referendum broadcasts (“PPRB Rules”); and changes to apply Section Five (due impartiality and due accuracy) and Section Six of the Broadcasting Code. The revised PPRB Rules and the revised rules in Sections Five and Six of the Code came into effect on 22 March 2017, in accordance with the transitional arrangements in the BBC Charter and Agreement. Effective 3 April 2017, Ofcom assumed responsibility as the first external regulator for...

A Sky News report broadcast on 7 August 2016 showing an interview with alleged gun dealers in Romania was determined by Ofcom not to have been staged or faked, nor lacking in impartiality. As a consequence Ofcom found the report had not breached Rule 5.1 of Ofcom’s Broadcasting Code. The Sky studio introduction to the report said that “A Romanian Gang has told Sky News it’s prepared to sell automatic weapons to anyone, including terrorists ... Our chief correspondent Stuart Ramsey has travelled to Romania to meet the gun dealers who claim to have thousands of weapons.” The two alleged gun dealers...

Openreach, the infrastructure division of the BT Group (BTG), will become a distinct company with its own staff, management, purpose, and strategy, thus addressing competition concerns held by Ofcom. BT has voluntarily agreed to implement these changes and as a consequence it averts Ofcom’s requirement to introduce regulations to effect the change (see IRIS 2017-2/18 and IRIS 2016-4/16). Openreach Limited was incorporated at UK Companies House on the 24 March 2017. As a distinct company Openreach will have its own directors who will be legally required to make decisions in the interests of customers...