Simple Denial…ATVOD rebuff substantive legal challenge about their very existence by simple denying the claims

Posted: 9 March, 2014 in ATVOD VOD Censor
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monty python argument

  Look Mr Atvod, that isn’t legal debate, that’s just simple denial and contradiction…
…No it isn’t

Some Common Sense is a group describing itself as a loose alliance of individuals opposed to the introduction of government regulation of the internet in the United Kingdom.

The group has initiated a legal challenge to the very existence of ATVOD querying how it claimed its supposed powers to charge websites for censorship and then to impose fines without this actually being explicitly mentioned in UK law.

The group is focusing on challenging an enforcement action against the Jessica Pressley website run by JP Media.

The group writes:

In fact the issues lie with secondary legislation, specifically the Audiovisual Media Services Regulations 2009 & 2010 (si. 2009/2979 & si. 2010/419). We contend that the regulations confer no power on ATVOD or Ofcom to make rules or requirements that might be breached. One cannot breach a requirement to employ CAC systems , for instance, unless one is bound to comply with such a requirement. Accordingly, we will claim, Ofcom had no power to direct that an alleged service provider be sanctioned for failing to comply with any order, rule, regulation or subordinate instrument that ATVOD had no power to make.

Also we contend that the Regulations which became s.368NA, and s.368D(3)(za), which Ofcom found JP Media to have contravened in its notice of 23 September, are void and always were void. This is so, we will claim, because the Secretary of State did not have power to impose taxation as delegated legislation under the enabling Act. Fees required to be paid to Ofcom or the appropriate regulatory authority are taxation meeting those principles defined in Lower Mainland Dairy Products Sales Adjustment Committee v Crystal Dairy, Limited (British Columbia) [1932] UKPC 70; [1933] AC 168 . See paragraph 12 of the letter before action.

It is the strength and simplicity of these arguments that have given us confidence to consider applying for judicial review.

The group wrote to ATVOD about is legal claims

See article from

ATVOD recently wrote back simply to say that the claims are ‘without merit’ and the time limit to challenge the Jessica Pressley decision has lapsed anyway. Adding that ATVOD don’t accept that Some Common Sense have the legal standing to call for a Judicial review

See article from

Some Common Sense replied asking that ATVOD address the claims rather than simply denying them.

See article from


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