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It was already becoming apparent before the completion of the pay-TV review that the British regulator Ofcom’s task of regulating the pay-TV markets would not end with the review’s publication on 31 March 2010. Ofcom has now put its thinking in more concrete terms in two decisions: it has referred an investigation into possible distortions of competition in BSkyB’s marketing of Hollywood films to the Competition Commission (CC) for further examination and taken action itself on the conditions for the distribution of the channels Sky Sports 1 and 2, prohibiting Sky, according to reports, from limiting...

Ofcom, the UK communications regulator, has examined 57 programmes broadcast on STV (Scottish commercial television) sponsored by the Scottish Government after press allegations that the Government had influenced the content of programming. The allegations made reference to three programmes (the “Homecoming programmes”) sponsored by a Scottish newspaper and Homecoming Scotland. The latter was an initiative of the Scottish Government to get Scots at home and abroad to reconnect with Scotland and consisted of events, festivals and celebrations. The press reports had quoted letters from SCV’s Chief...

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,...

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.

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...