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Dedicated interactive services (11-16)

This document was originally published by the ITC, one of the organisations replaced by Ofcom at the end of 2003. It represents Ofcom's current policy.

11 These are services accessed in their own right, usually through an electronic programme guide. Typically they consist of electronic 'shopping malls' and entertainment services such as betting and gaming. Their content is not usually linked to specific programmes. Some of these services operate entirely within a 'walled garden' controlled by the broadcaster; others may be linked to a form of full Internet access.

12 Viewer detriments can arise from any content on these services which is misleading, offensive or harmful. These are similar to the detriments which can arise from linear services, including teleshopping channels. What is more difficult to assess is the level of protection viewers expect in the dedicated interactive environment. It is reasonable to suppose that it will be rather less than with linear services, given the newness and non-universality of dedicated services, and given the level of deliberate choice required to use them. The ITC has not been aware of any significant problem in the early stages of development of these services, but this is an area that will require further research as the market develops.

13 The ITC's regulatory approach to this area also needs to be closely informed by practicalities, and it was clear from the consultation exercise that it would be inappropriate to take on any kind of commitment to regulate the detailed content provided through dedicated interactive services, even where these operate within a broadcaster's 'walled garden'. As the market has developed, it has become increasingly difficult to distinguish between interactive material chosen by viewers from within a 'walled garden' and material from the generality of the Internet, and there are risks of distorting the market between the two types of service. One to one transactions, meanwhile, are matters for trading standards officers and the Courts, supplemented by whatever mechanisms traders may choose to establish.

14 The ITC proposes to set just two requirements in this area:

15 In addition, there may be circumstances where a content provider on a dedicated service provides programming – an example could be a supermarket chain providing a cookery programme for users of an electronic shopping mall. Such content providers would be licensees in the same way as conventional TV companies, and would thus be subject to ITC licensing requirements.

16 Beyond these requirements, the ITC does not propose to set any standards for content on dedicated interactive services, including 'walled gardens'. The ITC will communicate informally to licensees any major content problems brought to our attention, but it will be for broadcasters, advertisers and other providers to decide how best to respond.


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