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Home > Media and Analysts > News Release Archive > News Releases - 2008 > Feb > 19|02|08
19|02|08
Strengthening consumer protection in participation television
- New licence conditions
- Independent third party verification
- Ofcom to undertake spot-checks
Ofcom announced today measures to strengthen viewer and consumer protection in participation TV programmes through new mandatory licence conditions for television broadcasters.
Participation TV is programming which invites viewers to interact, often by using premium rate telephone services (PRS), such as television voting lines and competitions.
Separately, PhonepayPlus, the agency which carries out the day-to-day regulation of the PRS market on Ofcom’s behalf , has today announced that service providers looking to provide PRS to broadcasters must first seek its permission. Providers will need to meet a number of conditions, such as ensuring that lines are closed promptly.
Failures in the use of PRS by broadcasters have been at the forefront of Ofcom’s activity over the last 12 months. Ofcom commissioned a thorough and searching inquiry, led by Richard Ayre, into the compliance failures and published a Consultation document in July 2007 on the inquiry’s recommendations. In addition, Ofcom has imposed financial penalties totalling over £3.5 million against broadcasters found in breach of its Broadcasting Code.
The new licence conditions set out today will ensure that audiences, including those who choose to participate in programmes, are adequately protected and will help restore trust in participation TV by allowing early detection of compliance issues . These new conditions bring to an end the process initiated by the Ayre inquiry and its recommendations.
The new licence conditions state that:
- Where television broadcasters invite viewers to participate in programmes, they are directly responsible for the handling of all communications - whether by phone, email or post - from viewers.
- Television broadcasters must obtain independent third-party verification of all systems used in PRS voting and competitions . Ofcom will undertake an initial 12 to 18 month programme of unannounced spot-checks to ensure broadcasters are complying with this requirement.
In addition, Ofcom will be issuing new guidance which clarifies broadcasters’ responsibilities under the Broadcasting Code for voting and competitions.
Ofcom will write to television licensees regarding these changes immediately. Licensees will be given a period of four weeks to make representations to Ofcom on the changes. Ofcom expects all broadcasters using PRS voting and competitions to have third party verification arrangements in place by the end of June 2008.
Ofcom will re-consult later in the year on whether to introduce similar changes to radio licences.
Ofcom Chief Executive, Ed Richards, said “Viewers must be confident that they will be treated fairly and consistently when interacting with television programmes. These measures will ensure that broadcasters are directly accountable and give greater protection for all.”
He added “Ofcom will not hesitate to take firm action with broadcasters who step out of line and mislead people.”
The statement, Participation TV Part 1: protecting viewers and consumers, can be found in Related Items.
Ends.
NOTES FOR EDITORS
1. Ofcom commissioned an inquiry following significant compliance failures by broadcasters in July 2007. The inquiry, led by Richard Ayre (a member of the Ofcom Content Board), was charged with making recommendations on actions needed to restore confidence and trust in the use of PRS by television broadcasters. The published version of the Inquiry’s report is available on the Ofcom website at: http://www.ofcom.org.uk/tv/ifi/prsinquiry/ayrereport/
2. PhonepayPlus’ new regulatory regime for PRS providers can be found at:
http://www.phonepayplus.org.uk/pdfs_news/Statement_on_Participation_TV.pdf
3. Later this year, Ofcom will publish its statement on whether broadcasting content predicated on the promotion of PRS – typically dedicated quiz, psychic and adult chat services – should be classified as editorial content or as advertising.
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