Participation TV 3

Summary

Executive summary

Introduction

1.1 This document is a final regulatory statement on changes to the Broadcasting Code rules on Premium Rate Services (10.9 and 10.10), and a further consultation on proposals for changes to relevant Advertising Code rules.

1.2 This consultation follows Ofcoms previous consultations in 2007 and 2008 on the regulation of Participation TV ("PTV") services ^(-1-)  . Those consultations proposed revised rules in Ofcoms Broadcasting Code to make the distinction between content considered to be editorial material and content considered to be advertising clearer when broadcasters promote Premium Rate Services ("PRS").

1.3 Ofcom has decided on the new rules and associated guidance to be included in the Broadcasting Code. These are set out in this document in Section 4 and Annex 6 respectively. The effect of this change will be to make clear that the promotion of certain PRS-based content will no longer be considered as acceptable under the Broadcasting Code as editorial content. Such services wishing to continue with their current formats will be considered as advertising and regulated as teleshopping, under the Television Advertising Standards Code ("the Advertising Code").

1.4 We consider that these changes will benefit viewers of editorial programmes, consumers of PRS and broadcasters in general.

1.5 For PTV broadcasters specifically, our impact assessment shows that relatively few services will be significantly affected by this change and need to modify their services. For example, it will not be necessary for Quiz PTV services to change their content in order to continue as teleshopping since the provisions of the Advertising Code would not affect Quiz PTV programming in its current format.

1.6 However, two categories of service Adult Chat PTV and Psychic PTV - could not continue to operate as they do currently if classified as advertising since the promotion some categories of PRS featured on these services is heavily restricted under the Advertising Code. Prior to Ofcoms changes to the Broadcasting Code, broadcasters of such programming may have considered their promotion of PRS to be editorial in nature. However, the changes to the Broadcasting Code which we have concluded are necessary make clear that such programming amounts to teleshopping. The rules in the Advertising Code in respect of PRS featured on these services would not permit much of their current content to be broadcast as advertising.

1.7 However, our audience research shows that viewers are generally tolerant of such services being allowed to continue, subject to certain safeguards. We are therefore considering changes to the Advertising Code to ensure that the regulation of those services remains proportionate to the aim of protecting the viewing public from harm and offence. The purpose of this consultation is to seek views on this approach and on the specific proposed changes to the Advertising Code.

Footnotes:

  1.-http://www.ofcom.org.uk/consult/condocs/participation2/

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