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09|04|08

Ofcom tightens regulation of Participation TV

New rules to tighten the regulation of television and radio programmes that rely heavily on premium rate telephone services (PRS) – typically quiz shows, psychic and adult chat – were proposed today by Ofcom.

The proposed new Broadcasting Code rules will ensure that programmes that invite viewers and listeners to interact or participate are not vehicles for promoting commercial, revenue-generating services. In addition, the rules will ensure that viewers are adequately protected and that advertising is kept separate from editorial content, as required under European legislation.

The new Broadcasting Code rules state that:

• Where PRS is used in a programme for audience participation, it must not be given undue prominence within the programme;
• The programme must consist primarily of content other than the promotion of the PRS;
• The primary purpose of the programme must be editorial, and any commercial activity associated with the PRS, such as generation of call revenues, must be secondary to that purpose; and
• Broadcasters may only charge viewers via PRS call charges and not by other means such as credit card or direct debit.

The new rules take into account the judgement made by the European Court of Justice in October 2007 that a quiz TV show could be classified as teleshopping. Ofcom considers that the principles of this case should apply to other types of programmes.

If adopted, the proposed rules will apply to both radio and television but will be particularly significant to Participation TV services. These services will need to either:

• Ensure that they comply with the new Broadcasting Code rules and therefore remain classified as editorial services – quiz, psychic and adult chat TV as currently broadcast will need to change significantly in order to comply; or
• Be reclassified as teleshopping - subject to advertising minutage rules and the BCAP* Advertising Standards Code enforced by the Advertising Standards Authority. However, services which fall into a prohibited advertising category, such as adult chat on unencrypted channels and psychic practices, cannot be broadcast as teleshopping. This means that, unless such services change to comply with the new Broadcasting Code rules, they can no longer be broadcast.

Ed Richards, Ofcom Chief Executive, said: "The new rules mean these channels face a much tougher regulatory regime which they must comply with. Ofcom will ensure that programmes only use premium rate telephone lines where there is sufficient editorial justification. This will further distinguish between television advertising and editorial content for the benefit of viewers."

The deadline for responses is 22 May 2008. The statement, ‘Participation TV Part 2: keeping advertising separate from editorial’, can be found on Ofcom’s website; see Related Items.

Ends.

NOTES FOR EDITORS

1. *BCAP is the Broadcast Committee of Advertising Practice

2. Teleshopping is a particular form of advertising involving the broadcast of direct offers to the public with a view to the supply of goods or services in return for payment.

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