Participation TV: protecting viewers and consumers, and keeping advertising separate from editorial

This Statement sets out new measures to protect consumers and to help restore confidence in programmes that invite members of the public to participate in them via telephony, the internet or any other form of communication.

The treatment by broadcasters of viewers’ and listeners’ communications with them gave rise to serious public concern through much of 2007. Instances of poor practice, mostly concerning premium rate telephone services (PRS), led to serious breaches of Ofcom and PhonepayPlus (PP+) rules. Large fines have been issued by both bodies: Ofcom has imposed fines on television broadcasters totalling more than £3.5m; PP+ has levied fines against service providers totalling £580,000.

Because of the number and apparent seriousness of the breaches, in March 2007 Ofcom commissioned an Inquiry, led by Richard Ayre, a non-executive member of Ofcom’s Content Board (‘the Inquiry’). The Inquiry concluded that systemic problems were apparent in television broadcasters’ use of PRS and made several recommendations covering PRS and other means of communication.

Ofcom consulted on the Inquiry’s recommendations between July and October 2007 in Participation TV: protecting viewers and consumers, and keeping advertising separate from editorial (‘the Consultation’). This Statement details the outcomes of the Consultation.

The Consultation also considered, as a separate issue, the separation of editorial and advertising material in respect of programmes predicated on the promotion of PRS. That issue is not addressed in this Statement and is being considered separately (as Participation TV Part 2) – Ofcom expects to publish a further document on Part 2 shortly.