ATVOD welcomes Ofcom appeal decision that it was correct to determine that three Viacom companies were responsible for VOD services featuring their content on the Virgin Media platform
Appeals by Viacom companies Nickelodeon UK Limited, The Paramount Partnership and MTV Networks Europe against ATVOD determinations that they respectively hold regulatory responsibility for the Nickelodeon, Comedy Central and MTV video on demand content on the Virgin Media platform, have today not been upheld by Ofcom.
The decision means that the three Viacom companies rather than Virgin Media are responsible for ensuring that the services comprising their video on demand programmes on the Virgin Media platform comply with the statutory rules which apply to On Demand Programme Services.
The decision turned on the definition of editorial responsibility as defined in section 368A of the Communications Act 2003, which states that a person has editorial responsibility for a service if that person has general control over what programmes are included in the service and over the manner in which those programmes are organised within the service.
Welcoming the decision, ATVOD Chief Executive Pete Johnson said:
This is a complex area and the appeal system is a vital part of the process, giving service providers, in particular, greater clarity over where regulatory responsibility lies.
