Video On Demand Regulation
APRIL 2010
Following the implementation of the AVMS Regulations 2010 (which are ancillary to the AVMS Regulations 2009) and the designation by Ofcom of The Association of Television on Demand (ATVOD) as co-regulator, the system of VOD regulation in the UK is finally up and running. Existing VOD Service Providers are required to formally notify their services to ATVOD by 30 April 2010. Failure to do so could result in a fine or other sanction. Future VOD services must be notified to ATVOD at least 10 days prior to commencement. An annual fee is payable in respect of each VOD Service and the amount of the fee is the subject of a joint consultation recently issued by Ofcom and ATVOD. The consultation outlines 3 options: a revenue based fee; a flat fee; and a hybrid basic fee with a revenue based uplift. For the first year, the flat fee is likely to be adopted and the proposed tariff is £2,500. The fee is subject to annual review both as to amount and basis of charge.
Ofcom/ATVOD have issued Guidance as to the services that are required to be notified. Basically these are services that provide TV like content to the public on an on-demand basis and which are subject to editorial control both as to the selection of programmes included in the service and the organisation of those programmes in that service.
Once notified, the VOD services will be subject to the new rules introduced by the 2009 Regulations. These cover editorial content, advertising, sponsorship and they permit product placement in VOD programmes, subject to various safeguards and conditions.
Ofcom estimates that there are presently 150 VOD services that will be required to notify, but the number of services notifying may well be in excess of this having regard to the criteria for notification contained in the Guidance."
If you would like any further information about the issues raised in this article or any other aspect of media law please contact Paul Herbert on 0207 404 0606.
This guide is for general information and interest only and should not be relied upon as providing specific legal advice. |
