Responsibility for the handling of complaints relating to editorial content on UK based video-on-demand (VOD) services has now been taken over by the Association for Television on Demand (ATVOD). Ofcom had previously designated ATVOD as the co-regulator for VOD editorial content, however responsibility was handed over to ATVOD on 20 September 2010. These structures have been put in place to make sure that the UK complies with the Audiovisual Services (AVMS) Directive.
The ATVOD Rules set out the statutory requirements with regard to content with which providers of VOD Services must comply, addressing issues as to material likely to incite racial hatred, protection of the under-18s, sponsorship and product placement.
ATVOD has also published its first Procedure for Complaints about Editorial Content on VOD services, which outlines the procedure which it will normally follow in the handling of complaints concerning editorial content on VOD services.
Regulation of advertising content on VOD services has been carried out by the ASA under the CAP code, a new appendix to which has been included to reflect new statutory requirements introduced as a result of the AVMS Directive. Indeed, the ASA has adjudicated on 4 VOD adverts between 19 May 2010 and 22 September 2010. In the most recent adjudication, on 22 September 2010, after receiving 5 complaints about a VOD advert for a caffeine drink, the ASA concluded that the advert did not breach the relevant provisions of the CAP Code and did not uphold a complaint. In addition to the usual ASA sanctions for adverts found in breach of the CAP code, Ofcom has backstop powers to intervene if advertising continues to appear on VOD services despite an ASA adjudication against it.
Under the section 368B of the Communications Act 2003 Ofcom has the power to designate regulatory authority in respect of VOD services. Further to its earlier designations, Ofcom released a statement on 20 September 2010, referring complainants to ATVOD or the ASA as appropriate and providing further information to VOD service providers.
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The original publication date for this article was 30/09/2010.
