Ofcom Will Regulate VOD

LONDON: The British media regulatory agency Ofcom has announced it will regulate VOD services, including those provided on the Internet by the end of this year.

Ofcom is consulting all interested parties on its plans to hand over day-today regulation for VOD services to an industry body, the Association for Television on Demand. Ofcom will be given primary responsibility, including back-stop powers, to ensure the effective operation of the co-regulatory framework.

The proposed legislation is a revised version of the European Commission’s Audio Visual Media Service (AVMS) Directive, which seeks to create a level playing field for emerging audiovisual media services in Europe; and to protect consumer and citizen interests by ensuring that these services will be subject to some basic content standards.

The changes will affect commercial services such as Channel 4’s 4oD. The BBC‘s iPlayer will also be subject to the new legislation but will continue to be regulated by Ofcom and the BBC Trust.

Ofcom is asking that the regulation require that VOD editorial content: not contain any incitement to hatred based on race, sex, religion or nationality; should fulfill the rules on sponsorship laid down in the AVMS Directive, may contain product placement, but only subject to conditions laid down in the AVMS Directive, and make sure that minors not hear or see content that might seriously impair their physical, mental, or moral development of minors.

Rules concerning advertising on VOD services would be looked after by the Advertising Standards Authority. The AVMS Directive requires that VOD advertising: should be readily recognizable as such. In particular surreptitious advertising is prohibited, as are subliminal techniques. VOD advertising should not prejudice respect for human dignity, or include or promote discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation; should not encourage behavior that is prejudicial to health or safety, or grossly prejudicial to the protection of the environment; is not permitted for cigarettes and other tobacco products, or for prescription-only medicinal products or medical treatment; advertisements for alcohol products may not be aimed at minors, and shall not encourage immoderate consumption of alcohol; and may not cause physical or moral detriment to minors; exploit their inexperience or credulity or the special trust they repose in parent, teachers and others by encouraging them to persuade their parents or others to buy advertised products or services; or unreasonably show minors in dangerous situations.

Ofcom is consulting on the proposals, with regulation due to come into effect on December 19. These relate not just to VOD services but cover all audiovisual media services in the digital age. The AVMS Directive amends and renames the Television Without Frontiers Directive, providing less detailed and more flexible regulation.