Since the Communications Act of 2003 no body has had
responsibility for regulating the content of non-BBC on-demand
television services. The BBC Trust regulates that which is produced
by the BBC.
On demand services which allow viewers to re-view television on
set top boxes or computers have become extremely popular as the
number of households which have the broadband internet access
required to use the services has increased.
The Government has published a consultation document on how it
should regulate on demand services and product placement within
programmes. The document said that a regulatory vacuum has existed
since the 2003 law was passed.
"Since then neither Ofcom nor any other agency has had a
statutory responsibility for content standards in on-demand
services provided by [non-BBC] providers," it said.
The Government's consultation paper said that this would need to
change if the UK was going to comply with the recently-passed Audio
Visual Media Services (AVMS) EU Directive.
"In relation to on-demand services, however, a new regulatory
structure will be required in the UK in order to implement the AVMS
Directive and oversee the new content and advertising standards,"
it said.
The Government said that it wanted to introduce a system where
the industry regulates itself, but with rules which would be
enforced by the Government in the event of insufficient self
regulation.
"The Government’s strong preference – supported by the Directive
- is for a system of co-regulation," it said. "This would allow the
UK video-on-demand industry itself to take the lead in setting and
enforcing standards for the content of its services. There would
need to be legislation which allowed either the Government or
Ofcom, as the national regulator, to intervene – but only if
strictly necessary, and as a last resort."
"For the most part, the scheme would be expected to operate
independently, with little if any intervention by Government or
Ofcom. If it could not do so, it would have failed and would have
to be replaced," it said.
"We need to ensure that traditional protections against
inappropriate content and advertising standards are secured as
technology advances," said Culture Secretary Andy Burnham. "While
citizens embrace the opportunities offered by massively increased
choice of content, and can watch on demand on TVs, online or
phones, it's right that the same standards apply."
The Government is also consulting on whether or not to relax the
rules on product placement, which is the paid inclusion of featured
products in programmes. Currently in the UK paid inclusion of
products is only possible in adverts or in sponsorship slots
between advertising breaks.
Burnham said that while he would hear broadcasters' arguments to
the contrary, he did not currently believe that product placement
should be allowed in the UK.
"My instincts remain that if we were to relax the ban on product
placement we would put at risk the integrity in British programming
that underpins its international reputation," he said. "But I'm
open to hearing other views. If, as some in the industry are
saying, this is a crucial step for broadcasters, then the industry
must marshal strong arguments and put forward a convincing
case.
The AVMS Directive has been controversial because of fears that
it sought to regulate amateur websites containing audio or visual
content, but it was made clear that it applied only to services run
on the kind of scale that broadcasters operate.
It has allowed countries to permit product placement, but only
on a limited scale and not in news and current affairs, children's
and advice programmes or documentaries.
The Directive must be implemented into national law by 19
December 2009. The consultation is open until 31 October.
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