Ofcom
have published a consultation on the future regulation and cenorship of Video on
Demand (VOD) services.
Under revised European law, content on VOD services such as BBC iPlayer, 4OD,
ITV Player, SkyPlayer and Demand Five will be regulated from 19 December 2009.
Such services are available through Virgin Media, Sky and BT Vision as well as
through the internet.
Regulation of these services is a requirement of the EU's Audiovisual Media
Services Directive and covers all VOD services which are, according to the
Directive, TV-like. The Government plans to give the overall duty to
regulate these services to Ofcom.
Electronic versions of newspapers, private websites and unmoderated user
generated material (hosted on services such as YouTube) will not be regulated.
Industry Bodies ATVOD and ASA
Ofcom is consulting on its proposal that two bodies carry out most aspects of
the regulation on its behalf: Ofcom proposes that VOD services are regulated by
the industry body, the Association for Television On Demand (ATVOD), and that
advertising included in those services, is regulated by the Advertising
Standards Authority (ASA).
But VOD programming would not be subject to Ofcom's Broadcasting Code, which
broadcast services currently licensed in the UK have to observe
Under the proposed co-regulation, Ofcom will have back-stop powers to intervene
if the new co-regulatory system does not work effectively and Ofcom will also
retain the power to impose sanctions against service providers.
Content Censorship
Under
the proposals for consultation ATVOD would regulate VOD services and would be
required to ensure that programming on VOD services adheres to a number of
minimum standards from the Directive which will be set out in UK legislation.
Programmes, for example:
- must not contain any incitement to hatred based on race, sex,
religion or nationality
- must not provide material which might seriously impair the
physical, mental, or moral development of minors unless it is made
available in such a way that ensures that minors will not normally
hear or see such content
- sponsored programmes and services must comply with applicable
sponsorship requirements.
Advertising
Since
2004 the ASA has regulated TV and radio advertising in the UK under a
co-regulatory agreement with Ofcom. Under the proposals for consultation the ASA
would regulate the advertising on VOD services.
The new legislation requires that advertising on VOD services must also comply
with a number of minimum standards. For example:
- advertising must be readily recognisable and cannot contain any
surreptitious advertising or use subliminal advertising techniques
- advertising must not encourage behaviour that is prejudicial to
the health or safety of people
- tobacco products, prescription-only medicines or medical
treatments cannot be advertised.
Viewer complaints
Under Ofcom's proposals any complaints that viewers have about video material
that they feel has breached these rules will be assessed by ATVOD or the ASA.
BBC
BBC content is jointly regulated by the BBC Trust and Ofcom.
Content on the BBC iPlayer will be subject to these new regulations but as with
other BBC content will be regulated by the Trust and Ofcom and not under the
proposed co-regulatory arrangements.
Consultation
Our consultation closes on 26th October 2009. See further details
here
Clearcast,
the body responsible for the pre-transmission clearance of TV ads, is to offer
compliance advice to video-on-demand providers who run advertising.
Magazine
publishers represented by the Periodical Publishers Association (PPA)
have urged the government against inadvertently widening the scope of
new video on demand regulations to include content streamed through the
websites of magazine publishers.
