The internet TV censor ATVOD has published determinations that Sun Video, News of the World Video, Elle TV and Sunday Times Video Library are on demand programme services
Video on demand offered by some national newspapers and magazines will be subject to regulation and expeiisve fees, under a unilateral ruling published by ATVOD.
Newspaper and magazine proprietors argued that their video offerings, accessed on-line and by mobile devices, are exempt from new regulations because they are part of online versions of newspapers, not services offering TV-like programmes which are subject to the new law.
But the video on demand co-regulator has rejected the argument. It believes some services are designed to offer TV-like programmes on-demand, and therefore must fall within the scope of regulation and ATVOD fees.
Proprietors will now challenge the ruling by The Authority for Television On Demand (ATVOD) by appealing to communications regulator Ofcom. If the ruling is upheld, affected newspapers and magazines will have to pay annual fees to ATVOD and ensure that the regulated video content meets ATVOD rules.
Commenting on the recent rulings, ATVOD Chair Ruth Evans said:
ATVOD has no desire or remit to regulate the press — whether online or offline — but we do have a duty to be even-handed and apply the new statutory regulations in a fair and consistent manner. Where video content appears as an integral part of an online version of a newspaper, for example alongside a text based story, then the service falls outside our remit: it is indeed excluded by law.
Many services provided by newspapers and magazines fall exactly into this category and can expect to hear nothing from ATVOD..
But that is not what happens in these particular services. In each case, a catalogue of ‘TV like’ programmes is offered as a discrete service, comparable with many others. There are clear differences between these services and on-line versions of newspapers.
Ofcom, who are responsible for hearing appeals under the new regulations, have confirmed that an appeal has been lodged with regard to Elle TV and that appeals are expected shortly with regard to Sun Video, News of the World Video and Sunday Times Video Library.