OFCOM Highlights - 08 Mar 2016

Ofcom Consults on Regulation of On-Demand Programme Services

In the last bulletin, we explored Ofcom's announcement that it shall become the sole regulator of video on demand programme services from 1 January 2016 ( Ofcom Highlights). Since then, Ofcom has published a statement and consultations on the "Future Regulation of On-Demand Programme Services".

The document covers interim breach procedures, sanction procedures and new rules and guidance on notification to Ofcom. A link is now provided on the Ofcom website to the updated relevant guidance, procedures and forms. The document also notes that, at present, the statutory framework will remain unchanged from the framework which governed the co-regulatory model with ATVOD. Ongoing investigations will be continued by Ofcom, and any notification to ATVOD before 1 January 2016 will continue to be investigated by Ofcom.

The Advertising Standards Authority will, however, remain Ofcom's co-regulator in relation to advertising of on-demand programme services.

The document also consults on two matters. The first consultation is in relation to replacing the interim breach procedures with new procedures for investigating breaches of on-demand programme services, in order to align more closely with the position for linear television broadcasting. The other is a proposal not to charge fees under section 368NA of the Communications Act 2003, as ATVOD has to date.

The closing date for responses was 1 March 2016, please click here to view the consultation.

Amendments to Section Three of the Broadcasting Code

On 13 January 2016, Ofcom published a consultation on amendments to Section Three of the Broadcasting Code which is designed to ensure that "material likely to encourage or incite the commission of crime or lead to disorder, [is] not included in television or radio services" (Rule 3.1).

The aim of the consultation is to make amendments which should ensure that the section is as easy as possible for broadcasters to understand. The consultation proposes the wording in Section 3.1 will be retained, with additional notes and guidance examples added to outline types of material that would be captured by this section. Ofcom also plans to provide extra information on factors which broadcasters should take into account when compiling broadcast material.

New Rules 3.2 and 3.3 will also be added with additional notes for broadcasters, to deal with content such as hate speech and abusive or derogatory...