Ofcom Seeks Feedback on how to Regulate Participation TV

Ofcomlogo UK media regulator, Ofcom, has begun a process that appears likely to result in increased regulation of participation TV, a programming genre that is becoming increasingly popular in that country, and that usually requires viewers to interact with a show’s host by using potentially expensive premium-rate telephone lines. The organization has published an "issues paper," entitled "Participation TV: how should it be regulated" and available at http://www.ofcom.org.uk/consult/condocs/participation/, which sets out, and asks for feedback on, the various areas which Ofcom plans to address in a full public consultation on participation TV early this year (note: Ofcom describes participation TV as being "typically quiz, psychic and adult chat services"). It is also seeking input on the broader question of how the content of participation TV services should be regulated–specifically, whether those services should be considered editorial (in which case, they would be subject to the Ofcom Broadcasting Code, which, according to the organization "allows as much freedom of expression as is consistent with the law, provided it is editorially justified and the audience is given appropriate information") or advertising (in which case they would be subject to the Advertising Standards Authority’s Advertising Code, which, according to Ofcom, "has greater emphasis on consumer protection, with specific rules to ensure that audiences are not misled"). In addition, Ofcom’s new issues paper asks for views "as to whether there may be a more appropriate alternative way to regulate these services." The deadline for responses to the paper is January 31st.

In a statement on its Web site, Ofcom lays out the factors that led it to explore increased regulation of participation TV at this time: "a changing media environment where the boundaries between programming and advertising are becoming increasingly blurred as broadcasters seek new revenue streams" and that has resulted in "a rapid increase in the number of participation television services"; "an ongoing review by ICSTIS, the premium-rate regulator, of television quiz services which seeks to assess whether pricing and the element of chance involved are sufficiently transparent to viewers"; and "the Gambling Commission’s recent discussion document focusing on the boundary between lotteries and competitions" which "seeks to ensure quiz television services operate within the boundaries of gambling legislation."

Originally Published: January 2, 2006  in [itvt] Issue 7.12 Part 1

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