Looking back at the end of post 35666 I feel I was a little overly optimistic! Thinking about it, there were more likely collective shrugs at the channels over that Ofcom statement.
All the info we have says that the channels are perfectly content with the content rules they are working under atm - presumably because the rules enable to generate extra revenue by offering such content elsewhere. Why would they look to change things as long as that continues?
I find it hard sometimes not to revert to a viewer mindset on that one!
Anyway, new news... Ofcom have now outlined how they intend to proceed with controlling VOD:
http://www.digitaltveurope.net/476962/of...egulation/
Broadly, they are looking to bring it more in line with the way TV-content is controlled and are proposing to make the licensing free to service providers for the first time.
I also found this piece, about a £20,000 fine Ofcom imposed on NTV (or rather it's owners ITCE), particularly interesting:
http://www.media247.co.uk/bizasia/ofcom-...v-20k-2015
White and co are apparently still clearing Ed Richards' old cases!
The regulator had apparently been watching this 'newboy' to the UK from the beginning. (After two previous attempts to launch in the UK, on "30 April 2012: A new consortium took control of NTV in the UK and resumed broadcasting on Sky channel 852." It has since moved to 853. [source: wikipedia])
The article goes into much detail about how Ofcom worked the case and can, presumably, be taken as a case-study with pointers for how they work alongside all service providers to ensure compliance and (currently) deal with breaches in general.
Such main points are I think:
- Service providers are expected to ensure that "enough sufficiently qualified or trained people to compliance, and that they have sufficient seniority to ensure the licensed service complies 'in all respects' with the Code." You wouldn't think that would include cameramen then.
- In this case, Ofcom looked at NTV footage "between April 2013 and September 2014, [and found] 20 breaches of the Code, relating to material broadcast on NTV during the period May 2012 to June 2014, were recorded. Of the 20 breaches recorded, 15 involved Section Nine of the Code, two involved Sections Five and three involved Section Six."* That's 18 months working on this (obviously on and off), concerning footage covering a 13 month period, with the material dating back nearly a year at first but just 3 months behind by the end. (That makes the babe channel's occasional 8 weeks caps rule look a bit silly doesn't it?!)
- Ofcom particularly don't like breaches that come after they have had a 'word' and presumably the firm have had a chance to change their ways. In this case this seems to involved a formal notification of an "investigation". ("Significantly, in Ofcom’s view, five of these breaches recorded against ITCE related to programming broadcast on NTV after Ofcom had notified the Licensee on 14 April 2014 of its investigation into ITCE’s compliance with Condition 17(2).") This (presumed) document came exactly a year into the process above and only after....
- "Ofcom ... engaged previously and extensively with the Licensee over a number of months to secure improvements in its compliance arrangements (including having a meeting with ITCE on 20 January 2014)." This, presumably, more 'friendly' face-to-face 'put these things right' meeting took place some 9 months into the process and 3 months were given before formal investigation began.
- In making their judgement Ofcom took the following factors into consideration: "representations the Licensee had made in its application for the licence; the Licensee’s compliance record; Ofcom’s attempts to secure improvements in ITCE’s compliance arrangements; and. the absence of sufficient evidence of adequate improvements."
- They sum up: "The contravention took place during an 18 month period between April 2013 and September 2014. Ofcom considered that the breach of Licence Condition 17(2) was serious, reckless and repeated and therefore warranted the imposition of a statutory sanction."
These breaches are now over a year old but, as part of their sanction, Ofcom are "undertaking a period of monitoring of the Licensee’s broadcast output to assess whether the content of the service is compliant with the Code. If there are further compliance failings after the imposition of this statutory sanction... [and] Licensee has failed to respond adequately to other regulatory action, we may have cause to reconsider whether revocation of the licence would be appropriate."
All in all (even considering that Ofcom were obviously giving this newboy some leeway) this is now hardly the one small slip and we'll fine you heavily process it is sometimes painted to be is it? Do I think that Ofcom would treat the babe channels with as much consideration? I don't know but as a viewer you have to ask yourself who it benefits to have Ofcom's processes painted in such black and white terms?
Make a demon out of the regulator's content levels and processes and certain people escape the blame for much poor programming.
* Section 9 is "Commercial References in TV Programming", 5 concerns impartiality and accuracy and 6 is on "Elections and Referendums".