Ofcom seeks new powers in wake of TV phone-in scandals

Ed Richards said that the increase in powers has become necessary as television phone in scandals have rocked the industry and shaken consumer trust in television.

In a letter to Culture, Media and Sport Secretary James Purnell, Richards has said that the laws under which Ofcom operates are inadequate to keep a check on modern broadcasting. He said that regulation is divided into that for editorial and that for advertising, but that phone-ins cross those boundaries.

"Transactional PRS [premium rate services] in Participation TV on the scale we have seen in recent years were not envisaged when the Act was drafted," he wrote. "They do not fit comfortably within the existing frameworks. They arise in the main within programmes rather than as advertising, but call for the sort of consumer protection philosophy and measures that our statutory advertising powers envisage."

Richards said that Ofcom has been able to define its powers in such a way as to regulate all incidents to date, but that developments may exceed its power to regulate them.

"We are concerned that, at some point, technology or service innovation in Participation TV will reach the point where even the most creative interpretation of our editorial regulatory powers could not be brought to bear," he said. "To that end, we propose to work with your officials over the coming months to develop proposals which can address the issues more directly."

Richards admitted, though, that any change in the law would have to wait for "a suitable legislative opportunity".

All four UK terrestrial broadcasters have been involved in scandals over irregularities in television competitions, shows and quizzes. Ofcom fined Channel 4 £1.5 million in December, the ITV company GMTV £2 million and the BBC £50,000 in relation to phone in scandals.

Premium rate telephone services have been regulated by PhonepayPlus, previously ICSTIS, and content by Ofcom. Richards acknowledged that that situation was inadequate and said that Ofcom will now be able to direct PhonepayPlus and will be ultimately accountable for all regulation.

"We have established a new relationship, whereby PhonepayPlus will become an Agency of Ofcom to whom we can give direction," he said. "I am confident that, should PRS issues overlap between Ofcom and PhonepayPlus in future, we now have the mechanisms in place to enable Ofcom demonstrably and effectively to take the clear lead from the outset wherever this is appropriate."