Ofcom rules Vice isn't subject to UK On-Demand fees

Ofcom, the Super Regulator has upheld an appeal by Vice UK that it's video service is not subject to Authority for Television On Demand (ATVOD) regulation and is thus not required to pay fees as an “on-demand programme service” (ODPS) for the purposes of Part 4A of the Communications Act 2003 (the Act).

ATVOD originally determined that Vice (specifically the "tab" at Vice Video was subject to ODPS regulation and thus subject to ODPS fees.

Ofcom have overturned this decision as the Vice Video tab is under editorial control from the US and thus outside the regulatory auspices of Ofcom/ATVOD.

The full response from Ofcom can be found here as a PDF.

Ofcom rates VoD services with BBFC

Ofcom, the Super Regulator, has published two statements relating to regulating/censoring VoD content in-line with it duties as a broadcast regulator.

The British Board of Film Classification (BBFC) guidelines will be used for VoD content classification and any content that is R (or over) must now be behind a system that restricts access to the content. It also makes certain content illegal in any form.

Ofcom has published a Memorandum of Understanding (PDF) that sets out how Ofcom will work with the Authority for TV On Demand (ATVOD) and the BBFC will work together to achieve the purpose and effect of the new legislation.

Also Ofcom has published an update (PDF) to the ATVOD Designation to incorporate the new requirements.

Ofcom passes-on responsibility for VOD editortial

Ofcom the Super regulator that deals with regulation of broadcasters, communications, radio spectrum etc. has today passed on all complaints handling relating to editorial content on UK based Video on demand services to it's co-regulatory partner the Association for Television on Demand ATVOD.

Ofcom designated ATVOD it's co-regulation partner back in March. This has implications for anyone doing VoD type broadcasts on the Internet (though it specifically does not include crowd sourced content) and puts them in the same regulatory bracket as traditional broadcasters - in order to level the playing field.

It does mean some Internet broadcasters will have to look carefully at what they're doing (if they're based in the UK at least) to ensure they re compliant.