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IRIS 2016-8:1/19 [GB] Requirement of a television licence extended to cover BBC on-demand services

In the UK, the BBC (and S4C, the Welsh language broadcaster), are funded by a licence fee. This is a fee payable by the owner of any television receiving equipment, including laptops, mobile phones, and tablets. It is a criminal offence to install or use a TV receiver if this has not been authorised by a TV licence. Under the Communications Act 2003 and regulations made under it in 2004, the requirement applied to equipment used for streaming live television services online (‘linear’ television) but not for ‘on-demand’ services, viewed at a different time from the broadcast, or provided on-line...

IRIS 2016-7:1/21 [GB] White Paper sets out proposed reforms to the BBC Royal Charter

On 12 May 2016, a White Paper was presented to the British Parliament by the Secretary of State for Culture Media and Sport, setting out the core proposed changes to reform and modernise the BBC. This would create the basis for the ninth BBC Royal Charter, as the current one ends in December 2016 (for the previous Royal Charter, see IRIS 2006-5/22 and IRIS 2005-7/23). The Royal Charter is the constitution of the BBC. The White Paper is a consequence of wide-ranging consultation with the public and the creative industries. The proposed reforms for the new Charter are to enhance the BBC’s public...

IRIS 2016-7:1/20 [GB] Use of “offensive” word on morning radio programme chat show investigated

A guest (Jeremy Irons) on a morning programme on BBC Radio 2, in telling an anecdote, used the word “fuck”. The presenter immediately said, “You can’t say that”, apologised to listeners, and asked Irons to apologise too - which he did. The presenter then reminded other guests not to use offensive language. Ofcom received one complaint about the use of the word at that time of day. Ofcom decided to mount an investigation on the basis of issues raised under Section 2.3 of the Broadcasting Code: “In applying generally accepted standards broadcasters must ensure that material which may cause offence...

IRIS 2016-7:1/19 [GB] Supreme Court judgment on privacy injunctions

The case of PJS v. News Group Newspapers Ltd concerns the attempts of a high profile couple to prevent the publication of a story relating to sexual encounters that one of the couple, identified only as “PJS”, had had some time ago. On 22 January 2016, the Court of Appeal, pending the main trial, granted an interim injunction; it was generally accepted that this was properly granted. The dispute concerned whether the injunction should be dismissed since details of the story had been published in the media outside England and Wales, and also on various websites and social media. The English press...

IRIS 2016-6:1/15 [GB] New Ofcom rules on hate speech and abusive treatment

On 4 May 2016, Ofcom, the UK broadcasting regulator, published a statement announcing changes to rules in Section Three of the Broadcasting Code and the accompanying guidance, made to “ensure they are as clear as possible for broadcasters”. Thus, the version of the Code, in force as of 9 May 2016, becomes the latest version of the Code, and applies to all programmes broadcast on or after that date. Earlier programmes are covered by the Code in force on the date of broadcast. Section Three pertains to material that is “likely to incite crime or disorder” and material containing “hatred, abusive...