Ofcom upholds Playboy ATVOD appeal

Ofcom has today upheld an appeal by Playboy TV UK / Benelux Limited in relation to two decisions by the Authority for Television On Demand (ATVOD) – which is responsible for regulating the editorial content of certain on-demand programmes services

On September 17th 2012, ATVOD determined that Playboy TV UK / Benelux Limited provided two On-Demand Programme Services, in the form of “Playboy TV”  and “Demand Adult”, which were therefore subject to regulation under Part 4A of the Communications Act 2003.

Playboy TV UK / Benelux Limited appealed these decisions on October 4th 2012. As the appeal body for ATVOD decisions, Ofcom assessed the cases and has found in the appellant’s favour, deciding that Playboy TV UK / Benelux Limited did not provide services within the scope of ATVOD regulation. Ofcom found that, following a reorganisation of the corporate group and reallocation of responsibilities to non-UK businesses and individuals, Playboy TV UK / Benelux Limited had ceased to be the party with editorial responsibility for “Playboy TV” and “Demand Adult” by the time of ATVOD’s determination.

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