Beverley Flynn and Helen Hart examine the recent premium phone-in competition débâcle
Television programmes which run phone-ins—often using premium rate numbers—for the audience to participate in have come under the spotlight recently. Audience participation can include the opportunity to enter a competition, to vote or donate to a charity.
REGULATORY FRAMEWORK
The current regulatory regime for communications in the UK is primarily contained in the Communications Act 2003 (CA 2003) and the Broadcasting Act 1996 (as amended), which implements a series of EU Directives. The sector is regulated by the Office of Communications (Ofcom).
CA 2003, s 319 requires Ofcom to set standards for the content of television/radio programmes. Its objectives must be to:
- protect under 18s;
- apply generally accepted standards to the contents of TV services; and
- provide adequate protection to the public against the inclusion of offensive and harmful material.
These objectives are contained in the Broadcasting Code issued by Ofcom which applies to broadcasters—although special rules apply in certain cases to the BBC.
Failure to comply with the Broadcasting Code enables Ofcom to issue a public finding and impose statutory sanctions