3rd November 2009

Ofcom PTV3 - Rules on the promotion of premium rate services: AIME Responds

Ofcom today issued a statement to strengthen the rules surrounding use of premium rate phone lines in TV and radio programmes. This follows a lengthy consultation process that started in 2007, with PTV1: ‘Protecting consumers and viewers participating in programmes’; continued with PTV2: ‘Keeping Advertising Separate from Editorial’ and now concludes with a third consultation PTV3: ‘Rules on the promotion of premium rate services’.

Key items:

from early next year premium rate services such as phone-in competitions and votes will only be able to be included in editorial TV and radio programmes when they are related to the main editorial of the show.
if broadcasters wish to promote PRS more extensively they will be considered advertising and regulated by the advertising Code as Teleshopping
Channels likely to be affected and classified as Teleshopping are quiz, chat and psychic
This should not affect such programmes as Who wants to be a Millionaire and X-Factor
The current Advertising Code carries certain restrictions limiting promotion of services such as adult chat and psychic
Ofcom research suggests that promotion of these services on TV is generally acceptable to viewers in current form, where they are appropriately scheduled, clearly labelled and identifiable in an appropriate section of the electronic programme guide (‘EPG’).
Ofcom will now consult on changes to the Advertising Code to allow promotion of such services on TV subject to strict guidelines
Changes to the Broadcasting Code and Advertising Code will be introduced following the consultation period for the Advertising Code
The closing date for consultation on PTV3 is 15th January 2010

AIME General Secretary Toby Padgham commented on the consultation: "AIME has been representing member interests during this consultation process since 2007 and we are pleased to see light at the end of the tunnel after 3 years of consultation in the participation TV industry. The rapid growth of this industry by its very nature presented challenges for a regulatory framework not designed to encompass such services. This process has resulted in several necessary consumer safeguards being put in place by industry and regulator, and has demonstrated an ongoing need for engagement and co-operation between regulators and industry.

Specifically with PTV3 we are pleased to see that Ofcom has taken on board AIME’s view that further consumer research was required around attitudes to quiz, psychic and adult chat services, which will now form the basis for making appropriate amendments to the Advertising Code. We hope that the concluding PTV3 consultation enables members to focus on growing their businesses in a more certain regulatory environment."