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IRIS 2013-2:1/27 [GB] Decision of Co-Regulatory Body on Scope of ‘On-demand Programme Service’ Overturned

Ofcom, the UK communications regulator, has overturned a decision of the co-regulatory Authority for Television on Demand (ATVOD) that Channel Flip was an ‘on-demand programme service’ for the purposes of part 4A of the Communications Act 2003. ATVOD’s decision meant that it had to notify ATVOD, pay a fee, and meet a limited number of regulatory requirements. This part of the Act had been added to implement the Audiovisual Media Services Directive. Ofcom had designated ATVOD as the appropriate regulatory authority to carry out functions under this part of the Act, but its decisions were made subject...

IRIS 2013-2:1/26 [GB] Protecting Children Taking Part in Programmes

The UK communications regulator Ofcom has recently considered complaints that two BBC “police dramas” infringed rules protecting children. The programmes are Line of Duty and Good Cop. As regards Line of Duty, the issue was the failure to protect a 13 year-old child actor from being exposed to sexually explicit language and violence. In one scene, the character was head-butted and attempted to sever a policeman's finger with pair of bolt-cutters and there was also a scene where sexually-explicit language was directed at him. Issues arising were (i) whether the programme complied with rules of care...

IRIS 2013-1:1/23 [GB] Competition Appeal Tribunal Decision on Pay TV

The UK Competition Appeal Tribunal, a specialist court hearing appeals from the decisions of the competition authorities, has published its judgment relating to the decision of the communications regulator, Ofcom, to impose a wholesale must-carry remedy on Sky. This required Sky to offer wholesale its Sky Sports 1 and 2 channels to rival pay TV retailers at a price set by Ofcom (see IRIS 2010-5/26). Appeals were entered against the decision by Sky, Virgin Media, BT and the Premier League. Sky appealed on three grounds. First, that Ofcom had no power to intervene in the Pay-TV market as it was concerned...

IRIS 2012-10:1/15 [GB] ASA Adjudication on Channel Four Television Corporation’s Posters Advertising a Documentary

On 3 October 2012, the UK’s Advertising Standard Authority (ASA) ruled against Channel Four Television for its posters advertising its documentary based on the film My Big Fat Gypsy Wedding. The posters featured the words "Bigger. Fatter. Gypsier" over an image of a young boy looking directly at the camera and others of two teenagers wearing low-cut bra tops and three young girls dressed for their first Holy Communion standing in front of a caravan. The ASA, on advice from the Equality and Human Rights Commission reviewed the matter in light of the provisions of the UK Code of Non-broadcast Advertising,...

IRIS 2012-9:1/26 [GB] Co-Regulatory Approach to Television on Demand Services to Continue

Ofcom, the UK communications regulator, has decided after consultation to continue the arrangements by which the Authority for Television on Demand (ATVOD) is the co-regulatory authority for television on demand services under the Audiovisual Media Services Directive and the Communications Act 2003. ATVOD had asked to assume this role, and was designated to do so under the Act in 2010. The designation authorised ATVOD to carry out a range of functions, including those to administer procedures relating to notification of on-demand services, to determine whether providers had notified their services...