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Ofcom's VOD squads?
15 Sep 2009 | 08.55 Europe/London
Ofcom's just announced its proposals for regulating the UK's infamously "nascent" video-on-demand marketplace. In line with revisions to European law, content could be regulated as soon as December this year.
The European Union's bringing in its Audiovisual Media Services Directive, which is officially stated to cover services that are "TV-like" in nature. In the UK, that specificially will mean providers such as BBC iPlayer, ITV Player, 4OD, Demand Five and SkyPlayer are all affected - which are not only available over the Internet, but also on the boob-tube via BT Vision, Sky and Virgin Media. The Government plans to hand over the regulatory reigns to Ofcom.
In turn, Ofcom is planning to pass the buck on to two separate bodies, which will effectively become its "VOD squads."
It's worth noting that services like YouTube (which host "unmoderated user generated material") - as well as videos on online newspaper sites and what Ofcom calls "private websites" - will not be covered by the new regulations. That's due to the "criteria" Ofcom will use to decide what exactly is "TV like" enough," in accordance with that EU Directive. This appears to mean that, for instance, the same BBC video content would subject to the regulations when hosted on iPlayer - but not when hosted on its own website.
According to the new Ofcom proposals, ATVOD will "regulate VOD services and would be required to ensure that programming on VOD services adheres to a number of minimum standards from the Directive." Programmes will then be subject to the following rules:
Meanwhile, Ofcom's been working with ASA since 2004, under a co-regulatory agreement. Ofcom wants to keep it as a "one-stop-shop" for advertising regulation, which will mean it has to oversee the following minimum standards in VOD material:
Ofcom's now opening up a consulation period on its new VOD ideas. It closes on October 26th and you can read up on its full list of proposals here.
Further details are available here.
The European Union's bringing in its Audiovisual Media Services Directive, which is officially stated to cover services that are "TV-like" in nature. In the UK, that specificially will mean providers such as BBC iPlayer, ITV Player, 4OD, Demand Five and SkyPlayer are all affected - which are not only available over the Internet, but also on the boob-tube via BT Vision, Sky and Virgin Media. The Government plans to hand over the regulatory reigns to Ofcom.
In turn, Ofcom is planning to pass the buck on to two separate bodies, which will effectively become its "VOD squads."
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.
It's worth noting that services like YouTube (which host "unmoderated user generated material") - as well as videos on online newspaper sites and what Ofcom calls "private websites" - will not be covered by the new regulations. That's due to the "criteria" Ofcom will use to decide what exactly is "TV like" enough," in accordance with that EU Directive. This appears to mean that, for instance, the same BBC video content would subject to the regulations when hosted on iPlayer - but not when hosted on its own website.
According to the new Ofcom proposals, ATVOD will "regulate VOD services and would be required to ensure that programming on VOD services adheres to a number of minimum standards from the Directive." Programmes will then be subject to the following rules:
- 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; and
- sponsored programmes and services must comply with applicable sponsorship requirements.
Meanwhile, Ofcom's been working with ASA since 2004, under a co-regulatory agreement. Ofcom wants to keep it as a "one-stop-shop" for advertising regulation, which will mean it has to oversee the following minimum standards in VOD material:
- 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; and
- tobacco products, prescription-only medicines or medical treatments cannot be advertised.
Ofcom's now opening up a consulation period on its new VOD ideas. It closes on October 26th and you can read up on its full list of proposals here.
Further details are available here.