The Television Without Frontiers Directive has been replaced in
Brussels by the Audio Visual Media Services (AVMS) Directive, which
extends the power of regulation for the first time to internet
video and video on demand (VOD) services.
The Directive was controversial until authorities made it clear
that it would not apply to user-generated or amateur content such
as short videos posted online, but only to 'TV-like' services.
Ofcom has now published its plans for regulating the new
material. It said that an existing body, the Association for
Television on Demand (ATVOD), would be reconfigured to take over
regulation of the editorial side of the services. It said the
Advertising Standards Authority (ASA) would regulate adverts on the
services.
"The AVMS Directive requires that VOD editorial content complies
with minimum standards," said Ofcom's plan. "In brief, these
require that VOD editorial content: a) should not contain any
incitement to hatred based on race, sex, religion or nationality;
b) which might seriously impair the physical, mental, or moral
development of minors is only made available in such a way that
ensures that minors will not normally hear or see such content; c)
should fulfil the rules on sponsorship laid down in the AVMS
Directive; and d) may contain product placement, but only subject
to conditions laid down in the AVMS Directive."
ATVOD told Ofcom that it would change its form and function to
put itself in a position to regulate content. "By 19 December 2009,
ATVOD proposes to undertake a range of tasks (e.g. recruit a new
Chair and Chief Executive; publish revised complaints procedures;
and complete the development of a new funding)," said Ofcom. "Ofcom
is … proposing to designate ATVOD as the relevant co-regulator for
VOD editorial content. However, as we also explain, ATVOD is
carrying out further work to ensure that it would be ready to take
on the relevant responsibilities by this date."
Ofcom said that it was happy to have the ASA regulate VOD
content on the same basis on which it currently regulates
television and press ads.
The consultation document on which Ofcom now seeks responses
also outlined how it would define which content is to fall within
the regulation and which will not.
"It was concluded [in Brussels] that the type of regulation that
had hitherto only applied to television services should be extended
to cover those services which have similar characteristics to
television and therefore justify such special status," it said.
The Directive defines the 'on-demand audiovisual media services'
that are to be regulated as "an audiovisual media service provided
by a media service provider for the viewing of programmes at the
moment chosen by the user and at his individual request on the
basis of a catalogue of programmes selected by the media service
provider".
Ofcom said that it wanted as few services as possible to fall
under the new regulation, and that only those producing content,
and not those simply passing it on, should be responsible for
it.
"VOD services, rather than the underlying platforms which give
access to the services, should bear the regulatory burden of the
new co-regulatory regime," it said. "Most importantly, there should
be a policy of minimal scope. Ofcom believes that it is the best
way to secure a regulatory framework which works for consumers and
industry."
It said that the regulator must consider these questions in
order to decide what services should be regulated: "Is the service
an ‘on-demand programme service’ within the meaning of the
Regulations? Who has ‘editorial responsibility’ for that service
within the meaning of the Regulations? Does that person fall within
the jurisdiction of the UK for these purposes?" it said.
Ofcom has produced a list of services that are likely to be
regulated. It includes the BBC's iPlayer; ITV Player; Channel 4's
4OD; Sky's television channels; and small special interest stations
such as LiverpoolFCTV.
The consultation closes on 26 October.
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