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The UK culture secretary has now announced, after a consultation exercise, how the Government intends to proceed on key broadcasting policies set out in the Audiovisual Media Services Directive. The most controversial policy is in relation to product placement, currently banned in any UK-made programmes. Broadcasters argued that allowing product placement would provide a new source of revenue, but consumer and viewer groups claimed that it would blur the distinction between advertising and editorial content and undermine the trust that viewers have in the integrity of UK-made programming. The...

Ofcom, the UK communications regulator, has imposed a record fine of GBP 150,000 on the BBC for the broadcast of offensive material, invasion of privacy and failures of compliance, in relation to the “Russell Brand Show” broadcast on the radio. The presenters of the pre-recorded show had made offensive phone calls to the answerphone of a distinguished actor, claiming that one presenter, Russell Brand, had had a sexual relationship with the actor’s granddaughter; this was broadcast with further reference to the sexual relationship. After a newspaper campaign, Ofcom received almost 2,000 complaints...

JML, a home shopping television channel, contracted with Freesat (UK) Ltd to carry its programmes, JML and JML Cookshop services. Freesat is owned jointly by the BBC and ITV. It is a platform which enables anyone owning a Freesat set-top box or a television with an inbuilt Freesat digital tuner access to digital satellite television (including HD television, radio and interactive services). Freesat is a not-for-profit company. Its GBP 9,000,000 income derives from shareholders and charging providers to have a presence on the platform. Providers want to appear high up on the first page of the...

The European Court of Human Rights has held unanimously that there had been no violation of Article 10 of the European Convention on Human Rights in the case of Times Newspapers v. the UK, because the British courts’ finding that the Times Newspapers Ltd had libelled G.L. by the continued publication on its Internet site of two articles did not represent a disproportionate restriction on the newspaper’s freedom of expression. The applicant in this case, Times Newspapers Ltd, is the owner and publisher of The Times newspaper, registered in England. It published two articles, in September...

The BBC Trust has decided not to overrule the decision of the Corporation’s Director-General refusing to broadcast an appeal from the Disasters Emergency Committee (representing 13 leading UK aid agencies) seeking donations for humanitarian relief for the residents of Gaza. The appeal was broadcast by the other public service broadcasters (though not by Sky). The Director-General had argued that the Israeli-Palestinian conflict is deeply divisive and that the suffering of civilians plays a central part in the political case each side makes in the “court of world opinion”. It was thus impossible...