Culture secretary Andy Burnham has confirmed he will create a co-regulatory body, led and funded by the industry, to take on responsibility for regulating programme content on video-on-demand services. Under the new rules, all UK providers of
VOD services will need to notify the co-regulator that they are providing a service, Burnham's department for culture, media and sport said.
Burnham's announcement signals the UK government's acceptance of most of the provisions in the
European Commission's new Audiovisual Media Services directive (AVMS), drafted in 2007 to replace its 20-year-old Television Without Frontiers rules. AVMS, which is being implemented by EU member states, makes the first regulatory distinction between
linear and on-demand media, which was designated to get only light-touch regulation.
Burnham's implementation through co-regulation will throw the spotlight on the existing Association for Television On Demand (ATVOD), which has operated
since 2003 to self-regulate the sector.
Burnham said: Video-on-demand services only come within the scope of the AVMS directive if they are mass media services whose principal purpose is to provide TV programmes to the public on demand.
But technology is changing rapidly and the interpretation already appears out-dated. Not only is YouTube already available on TV sets through Apple TV, Nintendo Wii etc, and not only do services like Joost absolutely want to provide TV shows
on-demand… most web-based VOD services ultimately also want carriage to the TV, too. In appealing to those such services, BBC's Project Canvas, for example, is aiming to make internet VOD mass media , just as Burnham defined.