Newspapers Win Video Appeal

Ofcom has upheld an appeal  by News Group Newspapers Limited that the ‘Video’ section of The Sun website was not an On-Demand Programme Service, regulated by ATVOD.

Given the similarities between The Sun case and other newspaper and magazine websites, ATVOD thereupon immediately withdrew its ODPS determinations in respect of other newspapers’ online material, including the The Sunday Times Video Library, Telegraph TV, The Independent Video, FT Video, Guardian Video, Guardian You Tube, News of the World TV and Elle TV Programme.

Ofcom’s full finding is available here. Regional and national newspapers should refer to this in developing the audiovisual content of their websites and assessing the legal status of any services.

The decision sets out Ofcom’s approach to the legislation under Part 4A of the Communications Act 2003,  implementing the AVMS directive. It helpfully identifies characteristics of a service with the ‘principal purpose’ of provision of audiovisual material and which might be considered to be an On-Demand Programme Service (which should be notified to and regulated by ATVOD), as opposed to one whose ‘principal purpose’ is the provision of an electronic newspaper or magazine, outside ATVOD’s remit.

Ofcom had also identified in its Preliminary View document some ‘comparability’ characteristics that could be used in assessing whether "the audiovisual material comprising the service is comparable in form and content to the form and content of programmes included in a television programme service." However, as it was not necessary to set these out in its decision, Ofcom recommended instead that ATVOD considers developing its Notification Guidance in the light of Ofcom’s decision.