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IRIS 2014-8:1/25 [GB] Self-regulatory body issues reprimand for “Dungeon Keeper” freemium game ad

On 2 July 2014, the British advertising industry’s self-regulatory body, the Advertising Standards Authority (ASA), reprimanded the electronic game manufacturer Electronic Arts (EA) for an advertisement for its “Dungeon Keeper” game. The “Dungeon Keeper” game is a so-called Freemium game, i.e. the game is, in principle, free, but players can acquire equipment, credits and so on, via in-app purchases in order to progress further in the game. The ASA acknowledged that, in principle, it was possible to complete the game without spending money. However, it would take much longer and limit gameplay...

IRIS 2014-8:1/24 [GB] Ofcom determines when factual TV becomes promotional and gives undue prominence to a business’s service

In its decision of 28 July 2014, Ofcom, considered that ATN Bangla’s programme ‘Business Talk with Sufi’ had breached the Code of Conduct by using a factual current affairs programme for promotional purposes, as well giving undue prominence to the services of a restaurant being depicted in the programme without editorial justification for such detail. Pursuant to the Communications Act 2003, Ofcom has a statutory duty to set the standards for broadcast content for radio and TV, and this includes ensuring compliance with the Audiovisual Media Services (AVMS) Directive which sets out the EU standards...

IRIS 2014-8:1/23 [GB] Ofcom takes steps to ensure BT provides level playing field for its rivals in the provision of superfast broadband

On 19 June 2014, Ofcom proposed new measures in order to ensure that the major UK telephone and broadband provider, BT, takes steps to promote competition in the increasing market for superfast broadband amongst retail customers. BT controls and maintains a significant part of the broadband infrastructure or network within the United Kingdom, and as such effectively influences the prices it charges to third party rivals, such as Virgin, to use its infrastructure- this use of BT’s network by other providers is known as ‘virtual unbundled local access’ (VULA). BT can offer very competitive pricing...

IRIS 2014-7:1/23 [GB] Regulator issues new guidance on commercial references in programming and product placement

Ofcom, the UK communications regulator, has issued new guidance on commercial references and programming on 2 June 2014. This supplements existing provisions in the Ofcom Broadcasting Code (section 9) which aim to secure editorial independence in programming, to ensure that there is a distinction between editorial content and advertising, to prevent surreptitious advertising, to protect consumers and to prevent unsuitable sponsorship. The new guidance advises that a programme about a product or service, such as a holiday destination or a high-street retailer, is likely to test the distinction between...

IRIS 2014-7:1/22 [GB] Sports TV channel fined GBP 120,000 by Ofcom

The broadcasting regulator Ofcom imposed a GBP 120,000 fine on ESPN on 2 June 2014, after the sports TV channel failed to meet its targets for providing audio description on its programmes. The channel was meant to provide the service for visually impaired viewers. It includes describing such things as body language, expressions and movements. However, in 2012 it only managed to provide this on 2.3% of programmes instead of the 5% it had agreed to under Condition 9(1) of its licence. It had also missed the target in 2011, as reported in Ofcom’s Broadcast Bulletin of 5 August 2013, leading the regulator...