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Video on Demand (“VoD”) services
Video on Demand (VOD) services are not subject to Ofcoms Broadcasting Code.
Ofcom has general duties in relation to the regulation of those who provide an On Demand Programme Service (ODPS Providers). ODPS Providers are required to comply with minimum standards that relate to matters such as content, advertising and sponsorship in the provision of an ODPS.
Ofcom has formally designated the Authority for Television On Demand (ATVOD) as the co-regulator for editorial content, and the Advertising Standards Authority (ASA) as the co-regulator for advertising content. Links to the formal designations can be found at: http://stakeholders.ofcom.org.uk/broadcasting/tv/video-on-demand/
Ofcom has designated ATVOD also as the appropriate regulatory authority to carry out certain aspects of its functions in relation to the provision of ODPS including to decide:
- what constitutes an ODPS (in accordance with Section 368A of the Act);
- whether or not a person is providing an ODPS;
- what constitutes a programme included in an ODPS (in accordance with Section 368R(2) of the Act;
- whether or not a person who is providing an ODPS has contravened the regulatory requirements.
A determination made by ATVOD in respect of any of the matters set out above may be subject to appeal by Ofcom. Appeals must be made according to Ofcoms current procedures: http://stakeholders.ofcom.org.uk/consultations/on-demand-programme-services/
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