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24|07|07

Future regulation of participation television

Ofcom today published proposals to strengthen viewer and consumer protection for participation television. Participation television is programming which invites viewers to interact, most often by using premium rate telephone services (PRS).

Richard Ayre’s Inquiry

The inquiry into PRS in television programming, published last week, recommended that broadcasters should be held directly accountable for their use of PRS. Ofcom today sets out proposals to implement these recommendations. These include:

• New licence obligations for television and radio broadcasters which will hold broadcasters directly responsible for consumer protection and PRS compliance. This obligation will ensure fair and consistent treatment for all those participating in programmes, such as entering competitions and voting.
• A requirement for television and radio broadcasters to ensure independent third party verification of PRS activity. This will help ensure early detection of compliance issues.

Dedicated Participation TV channels and programming

Ofcom is also consulting on the regulation of dedicated participation TV services - typically quiz, psychic and adult chat services - which rely heavily upon interaction with viewers by means of PRS.

These services are currently regulated by Ofcom as editorial content under its Broadcasting Code. Ofcom is consulting on future regulation of these services, to ensure that advertising and editorial are kept separate, as required by European broadcasting legislation.

In particular, Ofcom is seeking views on three options for tighter regulation of dedicated participation TV services:

• Licensed as editorial, but subject to tighter rules under the Broadcasting Code;
• Licensed as editorial, but required to carry labelling to ensure that viewers understand the commercial nature of the content;
• Licensed as advertising and regulated under the Advertising Standards Code enforced by the Advertising Standards Authority (ASA).

The closing date for responses is 17 October 2007. The Participation TV consultation is available from the Ofcom website at:

http://www.ofcom.org.uk/consult/condocs/participationtv/

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