Ofcom changes the Broadcasting Code rules for promotion of Premium Rate Services

Revised rules to strengthen audience protection in the use of premium rate telephone services in TV and radio programmes were announced yesterday.

The changes to Ofcom’s Broadcasting Code come into effect early next year, and mean premium rate services (PRS) may only be included in editorial TV and radio programmes, such as phone-in competitions and votes, where they are related to the main editorial purpose of the show. This move will not affect shows such as Who Wants to be a Millionaire?, Big Brother or competitions within shows.

Where broadcasters wish to promote PRS services more extensively than permitted under the revised Broadcasting Code rules, then this should be considered as falling within the category of advertising and will be regulated under the Advertising Code. The changes follow consultation in 2007 and 2008, and will reinforce the strict distinction between editorial content and advertising in programming.

Channels that are likely to be affected by this are Participation TV (PTV) channels that are based on promotion of PRS. These include specialist quiz, adult chat and psychic channels.

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The Advertising Code currently limits advertising of PRS of a sexual nature to encrypted channels. It also restricts the promotion of PRS featuring live personal psychic services. These services are featured on Adult Chat PTV and Psychic PTV.

New research has found that promotion of these particular services on TV is generally acceptable to viewers in their current form, where they are appropriately scheduled, clearly labelled and identifiable in an appropriate section of an electronic programme guide (“EPG”), as this minimises the risk of offence from chancing upon them.

Ofcom proposes updating the Advertising Code to allow promotion of these particular services on television to continue, subject to strict conditions such as those outlined above, and are now consulting on these changes.

Any potential risk of harm for minors and vulnerable people from promotion will continue to be prevented by strict rules on content, product type and time of day. Any changes to the Advertising Code will, like the changes to the Broadcasting Code, be introduced following the consultation period on the proposals for the Advertising Code.
The new Broadcasting code rules can be found in Section 4 of the consultation document.

The full consultation and statement can be found here: www.ofcom.org.uk/consult/condocs/participationtv3/

The research can be found here: www.ofcom.org.uk/consult/condocs/participationtv3/research.pdf