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15|12|06

Future Regulation of Participation Television

Ofcom today sets out its next steps towards a potential tightening of the rules around so-called participation television channels and programmes. These services - typically quiz, psychic and adult chat services - rely heavily upon interaction with viewers, usually by means of premium rate telephone lines.

Ofcom’s issues paper has been published in the context of:

• a changing media environment where the boundaries between programming and advertising are becoming increasingly blurred as broadcasters seek new revenue streams. This has led to a rapid increase in the number of participation television services;
• an ongoing review by ICSTIS, the premium rate regulator, of television quiz services which seeks to assess whether pricing and the element of chance involved are sufficiently transparent to viewers; and
• the Gambling Commission’s recent discussion document focusing on the boundary between lotteries and competitions. This seeks to ensure quiz television services operate within the boundaries of gambling legislation.

Ofcom’s issues paper sets out, and asks for views on, the areas which Ofcom proposes to address in its full public consultation in the new year. Ofcom is also seeking views on the broader question of how the content of these services should be regulated. Specifically, should these services be considered as editorial – subject to the Ofcom Broadcasting Code – or advertising – subject to the Advertising Code enforced by the Advertising Standards Authority (ASA). The issues paper also asks for views as to whether there may be a more appropriate alternative way to regulate these services.

Ofcom’s Broadcasting Code, which applies to editorial material, allows as much freedom of expression as is consistent with the law, provided it is editorially justified and the audience is given appropriate information. However, broadcast advertising regulation has greater emphasis on consumer protection, with specific rules to ensure that audiences are not misled.

The deadline for responses is 31 January 2007. The issues paper, ‘Participation TV: how should it be regulated?’, can be found in Related Items.

Ends.

NOTES FOR EDITORS AND CSEs

1. The Advertising Standards Authority is the independent body responsible for handling and resolving complaints about all broadcast and non-broadcast advertisements. Final statutory responsibility for all television advertising remains the responsibility of Ofcom as the backstop regulator under the terms of the Communications Act 2003.
2. BCAP is the Broadcast Committee of Advertising Practice, the broadcast and advertising industry self-regulator and advertising code-making body.

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