Ofcom adopts Ayre proposal

[BGonaSTICK]

Ofcom is to make broadcasters directly responsible for failures in participation services on TV and radio, including premium-rate phone-ins, by amending their licences.

The communications regulator said it had adopted this recommendation from last week's report by Richard Ayre on the participation TV crisis, to "send the strongest possible message" to broadcasters.

The new licence obligations will hold broadcasters "directly responsible for consumer protection and [premium-rate telephone services] compliance".

"This obligation will ensure fair and consistent treatment for all those participating in programmes, such as entering competitions and voting," said Ofcom.

In addition, Ofcom will require TV and radio broadcasters to "ensure independent third-party verification of PRS activity", another of Mr Ayre's recommendations for tightening up regulation.

Ofcom is consulting the broadcasting industry and other interested parties on how dedicated participation TV services, such as quiz, psychic and adult chat lines, which use PRS mechanisms should be regulated in the future.

The regulator currently oversees such services as editorial content under its broadcasting code.

Ofcom is also consulting on three other options for tightening participation TV regulation.

The first is to continue to have call-TV services and programmes regulated as editorial content but to introduce "tighter rules".

A second option is to continue to have such output regulated as editorial, but that it should "carry labelling to ensure that viewers understand the commercial nature of the content".

The third option is to designate such shows as advertising and hand regulation over to the Advertising Standards Authority.

Ofcom is set to adopt the proposals to introduce new licence obligations and third-party verification.

Responses are being taken to the consultation to look at the logistics of introducing the measures - not whether they should be introduced or not.

In the participation TV consultation document, Ofcom stated that although it is seeking responses on the three options for tightening existing regulation of this activity, its preference is to adopt option one.

The Ayre report also highlighted an issue raised by broadcasters about a lack of clarity in the co-regulatory system between Ofcom, which regulates broadcasters and the editorial content of programmes, and premium-rate phone services watchdog Icstis, which regulates the firms that operate call-TV lines.

The regulator is not looking at this issue in this consultation. Instead it is being considered as part of an upcoming review with a broader scope on premium-rate services.

Ofcom has set October 17 as the closing date for responses to its participation TV consultation.