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IRIS 2010-9:1/27 [GB] List of Protected Free-to-Air Events to be Retained Unamended

The UK has issued a list of events that are felt to have special national resonance and so are available, so far as possible, for broadcast on free-to-air television. In late 2009 an Independent Review Panel reported on the list (see IRIS 2010-1: 1/26). The Panel recommended that the list be retained but amended so that it should contain pre-eminent national or international events with the involvement of a national team and likely to command a large television audience. The Summer Olympic Games, the World Cup Finals and the UEFA European Football Championship Finals should continue to be listed,...

IRIS 2010-8:1/33 [GB] Ofcom Consultation on Product Placement Rules

Up to now, the Ofcom Broadcast Code has prohibited product placement. However, owing to changes in EU and national law, “the placing of references to products, services or trade marks in television programmes in return for payment” is now to be permitted. Ofcom, consequently, intends to amend the Code, removing the prohibition and incorporating enabling rules. It has initiated a Consultation on the matter. Such rules would impact on other rules permitting other types of commercial references (e.g., sponsorship) and the Consultation includes proposals for revising those rules.

IRIS 2010-8:1/32 [GB] Advertisement Regulation on VOD Services

The Advertising Standards Authority has been designated by the UK regulator Ofcom as the co-regulator for advertisements appearing on VOD services which are subject to statutory regulation, namely, the Communications Act, 2003, section 368A. Such advertisements are subject to the British Code of Advertising, Sales Promotion and Direct Marketing (the CAP Code) and, in particular, the Appendix, which allows the ASA to take legal action against the VOD service provider in the event of Code infringements. A revised CAP Code (as well as the Code of Broadcast Advertising, the BCAP Code) comes into effect...

IRIS 2010-8:1/31 [GB] BBC Authorised to Add Copy Protection to High Definition Freeview Broadcasts

Ofcom, the UK communications regulatory, has authorised the BBC to add copy protection in the form of content management technology or digital rights management (DRM) to its high definition Freeview digital terrestrial platform. Other Freeview services will not be affected. The BBC proposed that its licence be varied to allow it to restrict access to broadcast Electronic Programme Guide data to only those high definition receivers that include content management technology. This would enable broadcasters to control the multiple unauthorised copying of broadcast high definition content and its retransmission...

IRIS 2010-8:1/30 [GB] Broadcast’s Failure to Comply with Generally Accepted Standards not a Disproportionate Interference with Freedom of Expression

The High Court has upheld a finding of the communications regulator, Ofcom, that the offensive language and manner of a radio talkshow presenter failed to comply with generally accepted standards; the finding was not a disproportionate interference with freedom of expression. Under the Broadcasting Act 1990 broadcasters must comply with the requirement that nothing in their programmes “offends against good taste or decency or is … offensive to public feeling” and this is implemented by Ofcom’s Broadcasting Code covering television and radio. The Code requires that generally accepted standards must...