Ofcom overturns ATVOD judgements

TopgearUK regulator Ofcom has upheld appeals by BBC Worldwide in relation to two decisions by the Authority for Television On Demand (ATVOD) – which is responsible for regulating the editorial content of on-demand programmes services.

In May 2011, ATVOD determined that BBC Worldwide’s Top Gear and BBC Food YouTube channels were each On-Demand Programme Services and therefore subject to regulation under Part 4A of the Communications Act 2003.

BBC Worldwide appealed these decisions and Ofcom assessed both cases and has found in the appellant’s favour, deciding that the services did not fall within the scope of ATVOD regulation.

Meanwhile, Ofcom has rejected an appeal by Greystone Media in relation to another decision by ATVOD. In April 2011 ATVOD determined that Greystone Media’s “Business Channel” was an On-Demand Programme Service and therefore subject to regulation under Part 4A of the Communications Act 2003.  Ofcom decided that the service did fall within the scope of ATVOD regulation.

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