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Cooperation and Exchange of Information - Memorandum of Understanding

BETWEEN

(1) THE OFFICE OF COMMUNICATIONS, whose headquarters are at Riverside House, 2a Southwark Bridge Road, London SE1 9HA (“Ofcom”); and

(2) THE SWEDISH BROADCASTING COMMISSION, whose principal offices are at Box 244, 136 23 Haninge, Sweden (“SBC”)

BACKGROUND

Ofcom is the official regulator of the UK communications industries. It has responsibility for, among other things, overseeing the content of, and the amount and scheduling of advertising in, television services provided by broadcasters falling under the jurisdiction of the UK, including those receivable in other Member States of the European Union.
SBC is the official regulator of Swedish television. In particular it has responsibility for overseeing the content of, and the amount and scheduling of advertising in, television services provided by broadcasters falling under Swedish jurisdiction, including those receivable in other Member States of the European Union.
Both parties recognise that under the European Directive concerning the pursuit of television broadcasting activities (89/552/EEC, as amended by Directive 97/36/EC; referred to in this Memorandum as the Directive), a broadcaster once established in a Member State in accordance with the Directive must comply with the rules of the system of law applicable to broadcasts intended for the public in that Member State, subject to limited exceptions acknowledged in the Directive.
Each Member State remains free to require television broadcasters under its jurisdiction to comply with more detailed or stricter rules in the areas covered by the Directive. The rules which a broadcaster is subject to may vary in different Member States. Under the Directive, a broadcaster may be established in one Member State, but direct its service wholly or mainly to an audience in another Member State.
The parties have discussed ways in which they may cooperate informally to: increase mutual understanding about each other’s applicable laws and rules concerning the content of television services and the amount and scheduling of advertising; exchange information; and, assist each other in the handling of complaints from Sweden concerning programmes provided by broadcasters established the UK aimed at Sweden. Conversely, should there be complaints from the UK about programmes provided by broadcasters established in Sweden aimed at the UK, the same principles and procedures would apply.

LEGAL STATUS

The parties agree that this document is not intended to create legal relations between them. They both promise however to use all reasonable endeavours in good faith to fulfil the commitments made in this Memorandum.

LAWS, CODES AND GUIDANCE

Each party shall prepare for the other a brief summary of laws, codes and guidance relevant in their country for regulating the content of, and advertising in, television broadcasts. They shall exchange these summaries by 1 June 2007. One purpose of these summaries is to identify material differences between applicable UK and Swedish rules. If requested by either Ofcom or the SBC, the parties agree to discuss these differences with a view to improving their mutual understanding and agreeing how they may be taken account of in an appropriate way in regulating relevant television programmes.
Ofcom promises to inform the SBC of any formal consultation about proposed changes to its Broadcasting Code (the “Ofcom Code”) or Rules on the Amount and Distribution of Advertising (“RADA”) and associated guidance, and of any proposed alterations to the BCAP Television Advertising Code (the “BCAP Code”)^(-1-) of which it is aware, and to take into account any comments made in response by the SBC.
Ofcom agrees to inform the SBC of any material and relevant alterations to the Ofcom Code or associated guidance.
The SBC agrees to inform Ofcom: (a) in advance of any proposed material and relevant alterations to the Swedish Radio and Television Act or associated guidance so that Ofcom may comment; and (b) of such alterations when made, and (c) of important decisions by the SBC or the Swedish courts.

COMPLAINTS

If the SBC receives a complaint about a television programme broadcast by a company licensed by Ofcom, the SBC may forward that complaint to Ofcom for consideration. Should the complaint require translation into English, Ofcom agrees to undertake the translation and pay this expense. Ofcom will then deal with the complaint in accordance with its published procedures, and will correspond directly with the complainant.
In addition, the SBC may forward the result of its monitoring reports on the contents of foreign broadcasts to Ofcom for consideration. Should Ofcom decide such reports merited detailed investigation and so required translation into English, Ofcom agrees to undertake the translation and pay this expense.
The SBC undertakes to send all such reports, and complaints it receives about programmes broadcast from the UK, to Ofcom as soon as possible. The SBC notes that Ofcom requires its licensees to keep copies of their programmes only for a period of sixty days after broadcast.
If a complaint is received by Ofcom after this sixty day period, the SBC may supply its own copy of the programme.
The SBC may also request Ofcom to record particular transmissions, but whether Ofcom agrees to do so is at its sole discretion.
Ofcom shall send a copy of any significant responses to such complainants, including adjudications, in English to the SBC.
If Ofcom receives a complaint concerning a television programme broadcast by a company licensed by Ofcom whose output is aimed at Sweden, and the SBC is not already aware of the complaint, Ofcom shall inform the SBC. The SBC may then if it wishes make submissions to Ofcom about the complaint. Ofcom agrees to give due consideration to any such submissions. As it considers appropriate, Ofcom undertakes to keep the SBC informed of the progress of the complaint and may seek representations from the SBC on aspects of case. Where the SBC wishes to provide representations, they will be provided to Ofcom as soon as reasonably practicable. Ofcom undertakes to deal with, and adjudicate on, such complaints in accordance with UK law, the Ofcom Code and associated guidance.
The above provisions relating to complaints shall apply in the same manner in cases where a broadcaster is established in Sweden but directing their service at the UK.

ADVICE AND COOPERATION

Ofcom and the SBC each agree to give advice to the other on a timely basis about the laws, rules and guidance relevant to regulating television programmes under their jurisdiction. Depending on the circumstances, this advice may or may not be in writing.
This advice shall include how such laws, rules and guidance are interpreted in the UK or Sweden in light of their respective national cultures and heritage, and local sensitivities.

CONTACT DETAILS

With regard to this Memorandum, the contact at Ofcom is: Trevor Barnes, Senior Standards Manager, Ofcom, Riverside House, 2A Southwark Bridge Road, London SE1 9HA Tel: +44 20 7783 4675 E-mail address: trevor.barnes@ofcom.org.uk
The contact at the SBC is: Yvonne Dahlstedt, Senior Legal Adviser, SBC, Box 244, 136 23 Haninge, Sweden Tel: +46 8 606 79 74 E-mail address: yvonne.dahlstedt@grn.se

Signed by:

(Tim Suter)

for and on behalf of the Office of Communications

Date:

Signed by:

for and on behalf of the Swedish Broadcasting Commission

Date:

Footnotes:

1.-Ofcom has formally contracted out day to day responsibility for much TV broadcast advertising to the Broadcast Committee of Advertising Practice but retains ultimate responsibility for compliance in this area