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IRIS 2006-10:1/21 [GB] “Big Brother” Programme Breaches Code of Practice

ICSTIS is the Independent Committee for the Supervision of Standards of Telephone Information Services in the UK. It is the “industry funded regulatory body for all premium rate charged telecommunication services”. In a recent adjudication involving Channel 4 and two service providers, ICSTIS decided that its Code of Practice had been breached. It is the two service providers who actually have the obligations. The problem arose when a “phone vote” appeared to have resulted in the eviction of a number of “Big Brother House” occupants. However, several were subsequently re-admitted, thus allowing...

IRIS 2006-9:1/16 [GB] Cartoons not Suitable for Children if Smoking is Glamorised

A viewer has complained to the UK regulator, Ofcom, about certain scenes in cartoons featuring Tom and Jerry (“Texas Tom” and “Tennis Chumps”). In both, the issue is smoking, either to impress or to glamorise it. Rule 1.10 of Ofcom’s Broadcasting Code states: The use of illegal drugs, the abuse of drugs, smoking, solvent abuse and the misuse of alcohol: - must not be featured in programmes made primarily for children unless there is strong editorial justification; - must generally be avoided and in any case must not be condoned, encouraged or glamorised in other programmes broadcast before the...

IRIS 2006-9:1/15 [GB] Regulator Reviews Public Service Broadcasting after Digital Switchover

Ofcom, the UK communications regulator, has issued a paper on the future of public service broadcasting (PSB) after digital switchover takes place in 2008. This supplements its earlier three-stage review of public service broadcasting (see IRIS 2004-6: 12, IRIS 2004-10: 12 and IRIS 2005-4: 10) and prepares the way for the second PSB review required by 2009 under the Communications Act 2003. The paper notes that the British system of PSB has worked on the basis of increasing the number of PSB providers. However, the move to fragmented markets after digitalisation may mean that it is no longer realistic...

IRIS 2006-9:1/14 [GB] Regulator Revokes Television Service Licence

The UK broadcasting regulator, the Office of Communications (Ofcom) has revoked the television licensable content service licence of One TV, a teleshopping service. Under the Communications Act 2003, ss. 232-40, all providers of broadcasting services for reception by members of the public must have such a licence; if licence conditions are breached, Ofcom may issue a direction to take remedial action, impose financial penalties or revoke the licence. Condition 4 of the licence requires the licensee to pay Ofcom fees determined under Ofcom’s tariff. On 6 June 2006, Ofcom sent a final reminder to...

IRIS 2006-8:1/31 [GB] When is Public Communication “Grossly (Including Racially) Offensive”?

A recent decision of the House of Lords, although arising out of the use of the telephone, is nonetheless of general audiovisual media interest as the case involves the act of sending a message over the public communications network. It clarifies the meaning and application of “grossly offensive”, including racially offensive, under the Communications Act 2003. Section 127(1)(a), prescribes that “a person is guilty of an offence (a) if he sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character”...