The Government, through the Department of Business, Inovation and Skills are consulting yet again on reducing regulatory burden.
The department is headed up by The Right Honourable Vince Cable, who use to co-sponsor Ofc@m before Vince declared war on Rupert Murdoch over his proposed takeover of BSky, would appear he was somewhat right following the revelations concerning the phone hacking scandal by News International/News Corps.
Anyway the consultation 'Transforming Regulatory Enforcement:Freeing Up Business Growth' is continuing the governments commitment to reign in over zealous regulators, for some reason Ofc@m came to mind.
This process has been ongoing for some time having a major impact on some of the larger regulators.
One of the principle aims of the consultation is to ensure that there are mechanisms in place which give businesses the opportunity to challenge regulators as a routine part of the system, something that Ofc@m currently refuses to allow unless they go down the JR route.
Respondants will need to highlight areas of over enforcement, inconsistency of decisions, contradictory guidance, no evidence of harm etc.
Just a few points that come to mind concerning Ofc@m is the recent consultation which removed a level of review (albeit internal), removing the sanctions committee, deciding that they can instigate a privacy investigation even if an individual has not complained, issuing some nine pieces of guidance, some contracdictory, in the last four years, imposing a midnight start time for babe channels on the freeview channel following the Participation TV consultation, even though it was not part of the preferred Ofc@m outcome, extending the watershed on Sky to 10pm and 11pm respectively without sufficient evidence of harm, offence or complaint and contrary to the Broadcasting Code.
As well as a raft of decisions that are inconsistent and contradictory such as the Asian Babe channel being found In Breach for one of their presenters wearing skin toned knickers.
The consultation is aimed at businesses and i will ask Admin to bring the consultation to the attention of the channel operators but i will also try to forward the details to the majority of respondents of the recent consultations on Participation TV as well as those who responded to the recent Review of procedures for handling broadcasting complaints, investigations and sanctions to ensure a broad selection of views.
Responses can be made by individuals as some anonymity is assured.
The consultation closes in 8 days time so broadcasters have to get their house in order if THEY realy want to see change.
http://www.bis.gov.uk/Consultations/tran...n?cat=open
The Cabinet Office are also running the Red Tape Challenge where again comments can be made about Ofc@m as they have opened up the section to allow comment about Regulatory Enforcement. Again companies and individuals can leave comments here.
http://www.redtapechallenge.cabinetoffic...forcement/
These are the routes to take to get change in the way Ofc@m carryout their enforcement, impose their subjective guidance/generally accepted standards, rules on content R18 etc, getting an independent appeal in place for broadcasters.
If we or the broadcasters do not take part in this consultation expect more enforcement from the regulator and no relaxing of the broadcasting code and associated guidance.
Start leaving your comments about abuses by the regulator with evidence/links to decisions so that it can all be collated prior to submissions being made.