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IRIS 2008-7:1/20 [GB] Record Fine on Broadcaster

Over the last year, the conduct of competitions using premium rate telephone services has been a source of major scandals in British broadcasting (see IRIS 2007-8: 11, IRIS 2007-10: 15 and IRIS 2008-2: 13). Now the communications regulator, Ofcom, has fined ITV (Channel 3, the major commercial broadcaster) GBP 5,675,000 for breaches of the Ofcom Programme Code in connection with such services. Relevant provisions of the Code include those requiring that factual programmes must not mislead the viewer, that competitions should be conducted fairly and that the broadcaster must retain control of premium...

IRIS 2008-6:1/34 European Commission: Film Support in Northern Ireland and Wales

In a decision of 10 June 2008, the European Commission approved the second extension of the Northern Ireland Film Production Fund (NIFPF) until 31 December 2008. The fund is managed by the Northern Ireland Film and Television Commission, and the scheme consists in the grant of loans for film projects. The main selection criteria for the grant of such loans are the cultural value of the project, its likely profitability and its prospects of economic success. Support may be given to the production of cinema and television films. The Commission considers that this arrangement for the provision of...

IRIS 2008-6:1/16 [GB] Broadcasters Brought to Account for Questionable Behaviour

At least three separate matters regarding the misdeeds of broadcasters have been the subject of recent accountability investigations and proceedings. The matters have mainly involved the abuse of premium rate telephone and interactive services. First, Ofcom has fined ITV plc GBP 5.675m for “the abuse of premium rate services (PRS)” in viewer competitions in programming and in conjunction with inadequate internal compliance mechanisms. At least two items of the Broadcasting Code were at issue: Section 2.2 (Factual programmes or items or portrayals of factual matters must not materially mislead the...

IRIS 2008-6:1/15 [GB] Court Upholds Conviction for Showing Foreign Satellite Sports Broadcast

The English High Court has upheld the conviction of a publican for showing live English Premier League matches received from the Greek NOVA satellite system. It held that she had breached s. 297(1) of the Copyrights, Designs and Patents Act 1988, making it an offence dishonestly to receive “a programme in a broadcasting service provided from a place in the United Kingdom with intent to avoid payment of any charge applicable to the reception of the programme…” In the case of the Premier League, Sky and Setana have exclusive rights to broadcast live coverage of certain matches in the UK; there are...

IRIS 2008-5:1/18 [GB] Regulator Proposes to Simplify Rules on Distribution of Advertising

Ofcom, the UK communications regulator, has proposed changes in the rules relating to the distribution of television advertising. These reflect the provisions in the new Audiovisual Media Services Directive (see IRIS 2008-1: 5). Currently, the rules applied to most TV channels reflect those in the Television Without Frontiers Directive and limit advertising to no more than an average of nine minutes per hour plus three minutes for teleshopping, with no more than 12 minutes advertising in each hour. There must be a break of 20 minutes between advertising slots, which must be taken during natural...