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1860799917868449792
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INTELEK Repository
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Online Access
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https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection407072
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2016-03-07 15:59:18
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Restricted Document
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7913
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UniSZA
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1 See OFCOM, 'Proposal for the Regulation of Video on Demand Services', 2009, p 9. 2 See OFCOM, 'Movie Market in the UK', 2007, p 67. 3 See Sky, 'Response by British Sky Broadcasting Group Plc to OFCOM's Consultation Document 'Pay TV Second Consultation: Access to Premium Content', 2008, p 28. 4 Directive 2007/65/EC. 5 OFCOM is a super regulator that is entrusted to govern television and radio sectors, fixed line telecoms, mobiles, postal services and airwaves over which wireless devices operate. For further details, visit www.ofcom.org.uk. 6 See OFCOM, 'Select Committee on Culture, Media and Sport -- Written Evidence. Memorandum submitted by Ofcom, Office of Communications', 2007, para 31. 7 See OECD 'Regulatory Forbearance in Operation', 2005, available at http://www.oecd.org/dataoecd/14/47/34985339.pdf accessed 6 January 2012. 8 See ATVOD 'ATVOD Contribution to the Public Consultation on the Revision of the TVWF Directive Issue Paper on Commercial Communication', 2005, p 4. 9 ATVOD Guidance Note No 1. 10 These exclusions reflect the provisions of AVMS Directive. 11 See s 2.13 of the ATVOD Code of Practice. 12 See s 3.1(ii) of the ATVOD Code of Practice. 13 See ATVOD 'ATVOD Contribution to the Public Consultation on the Revision of the TVWF Directive Issue Paper on Commercial Communication', 2005, p 1. 14 See s 3.1(i) of the ATVOD Code of Practice. 15 See ATVOD 'Response to Ofcom Consultation', 2008, p 1. 16 See Ingrid Silver and Denton Wilde Sapte, Content Regulation in Mike Conradi and Kemp Little (Eds), Communications Law Handbook, Bloomsbury Professional 2009, p 139. 17 See s 7.1 of the ATVOD Code. 18 Ibid. 19 See s 9 of the ATVOD Code. 20 Directive 89/552/EEC, as amended by Directive 97/36/EC. 21 Recital 10 of the codified AVMS Directive. 22 Iceland, Liechtenstein and Norway. 23 The time limits referred in article 34 is stipulated in Annex I, Part B of the AVMS Directive. 24 Directive 2010/13/EU. 25 See Department for Culture, Media and Sport, 'Written Ministerial Statement on the Implementation of the Audiovisual Media Services Directive', 11 March 2009. 26 See Ofcom, 'The Regulation of Video On Demand Services', 18 December 2009 para 1.4. 27 See Department for Culture, Media and Sport, 'The Audiovisual Media Services Directive -- Consultation on Proposals for Implementation in the United Kingdom', July 2008. 28 See recital 44 and article 4(7) of the codified AVMS Directive. 29 See Department for Culture, Media and Sport, 'Written Ministerial Statement on the Implementation of the Audiovisual Media Services Directive' supra n 25. 30 See Ofcom, 'Proposal for the Regulation of Video on Demand Services' supra n 1. 31 See 'OFCOM -- The Regulation of Video On Demand Services', 2011. 32 The 2009 Regulations were made on 9 November 2009 and laid before Parliament on 10 November 2009. 33 See reg 2 of the 2009 Regulations. 34 On-demand audiovisual media service is defined as 'an audiovisual media service provided by a media service provider for the viewing of programmes at the moment chosen by the user and at his individual request on the basis of a catalogue of programmes selected by the media service provider'. 35 The ATVOD Guidance is issued by the ATVOD and it is not binding or legally enforceable like the provisions of the Act. Nonetheless, it provides non-determinative interpretative guidance on the scope of ODPS. 36 See recital 17 of the AVMS Directive/recital 24 of the codified AVMS Directive. 37 See recital 16 of the AVMS Directive/recital 21 of the codified AVMS Directive. 38 See recital 18 of the AVMS Directive/recital 22 of the codified AVMS Directive. 39 Ibid. 40 See recital 21 of the AVMS Directive/recital 28 of the codified AVMS Directive. 41 For details, see s 3 of the ATVOD Guidance. 42 Section 368R of the CA stipulates that 'appropriate regulatory authority' is to be construed in accordance with s 368B of the CA. 43 Proposals for the Regulation of Video on Demand Services published on 14 September 2009. 44 These include responses to the consultation document which was published by Ofcom on 18 December 2009, the ATVOD's written undertakings to Ofcom on the proposed designation dated 17 March 2010, the ATVOD's acceptance of a loan from the Department of Culture, Media and Sport and the information contained in the ATVOD's financial plan up to March 2011. 45 See Ofcom, 'Designation Pursuant to section 368B of the Communications Act 2003 of functions to the Association for Television On-Demand in Relation to the Regulation of On-Demand Programme Services', 2010. 46 The designated functions are set out in para 5 of the designation document. 47 See s 368C(1) of the CA. 48 See s 368C(2) of the CA. 49 See s 368C(3) of the CA. 50 See paras 11 and 12 of the Designation Document. 51 See para 15-17 of the Designation Document. 52 See para 3 of the Designation Document. 53 See ATVOD, 'The ATVOD Board and Chief Executive', available at http://www.atvod.co.uk/assets/documents/members/pdf/BM%20Biogs%20201010.pdf accessed 6 January 2012. 54 The ATVOD's written undertaking to Ofcom dated 17 March 2010. 55 See para 18 of the Designation Document. 56 See s 368B(3) of the CA. 57 See s 368B(2) of the CA. 58 The classification of these statutory provisions into editorial content and administrative rules are provided for by the ATVOD Rules. 59 Children means those aged 15 or under. 60 Young people means those aged 16 or 17. 61 See s 4 of the ATVOD Code of Practice. 62 See article 6 of the Codified AVMS Directive. 63 See article 12 of the Codified AVMS Directive. 64 See article 10 of the Codified AVMS Directive. 65 Section 1 of the Tobacco Advertising and Promotion Act 2002 defines 'tobacco product' as a product consisting wholly or partly of tobacco and intended to be smocked, sniffed, sucked or chewed. 66 Prop payment is defined in s 368H (2) of the CA. 67 See s 368H(15) of the CA. 68 See s 10.5 of the Ofcom Broadcasting Code. 69 See recital 92 of the Codified AVMS Directive. 70 See s 368H(6) of the CA. 71 See s 368H(7)-(14) of the CA. 72 See s 368BA of the CA or Rule 1 of the ATVOD Rules. 73 See s 368D(3)(za) of the CA or Rule 4 of the ATVOD Rules. 74 See s 368D(3)(zb) of the CA or Rule 5 of the ATVOD Rules. 75 See s 368D(3)(a) of the CA or Rule 6 of the ATVOD Rules. 76 See s 368D(3)(b) of the CA or Rule 7 of the ATVOD Rules. 77 See s 368I of the CA or Rule 8 of the ATVOD Rules. 78 See s 368D(2) of the CA or Rule 9 of the ATVOD Rules. 79 See recital 17 of the AVMS Directiv/Recital 24 of the codified AVMS Directive. 80 See s 368BA of the Communications Act and Rule 1 of the ATVOD Rules. 81 See s 3 of the ATVOD Guidance. 82 See recital 16 of the AVMS Directive/recital 21 of the Codified AVMS Directive. 83 See 'YouTube Blog: Partner Program Expands' at http://youtube�global.blogspot.com/2007/12/partner-program-expands.html. 84 For details on the programme, see http://www.youtube.com/partners. 85 See Elizabeth Newman, 'EC Regulation of Audio-visual Content on the Internet' in Lilian Edwards and Charlotte Waelde (Eds), Law and the Internet , (3rd Ed), Hart 2009, p 166.
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3701-01-FH02-FUHA-16-05464.pdf
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oai_dc
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https://intelek.unisza.edu.my/intelek/pages/view.php?ref=7913
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7913 https://intelek.unisza.edu.my/intelek/pages/view.php?ref=7913 https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection407072 Restricted Document Article Journal application/pdf 11 1.6 Adobe Acrobat Pro DC 20 Paper Capture Plug-in 2016-03-07 15:59:18 3701-01-FH02-FUHA-16-05464.pdf UniSZA Private Access Video on Demand (VOD): An Analysis of the Regulatory System in the United Kingdom Malayan Law Journal Video on demand ('VOD') is a new technology that enables viewers to watch audio-visual ('television-like') content at their own preferred time. VOD services are currently accessible over a variety of distribution platforms including the Internet, Internet Protocol television ('IPTV'), cable, satellite and digital terrestrial television ('DTT'), smart phones and many others. The availability of high-speed broadband connections and rapid technological advancements has enabled viewers to watch programmes which are similar to those that are broadcasted on traditional televisions via VOD services. Nonetheless, VOD does not fall within the regulatory regime of the traditional broadcast media. This is certainly undesirable as VOD has a huge potential to become a serious rival to the traditional broadcast media. As such, this study attempts to examine in detail the regulatory system that has been formulated to regulate VOD in the United Kingdom ('UK'). 6 1-11 1 See OFCOM, 'Proposal for the Regulation of Video on Demand Services', 2009, p 9. 2 See OFCOM, 'Movie Market in the UK', 2007, p 67. 3 See Sky, 'Response by British Sky Broadcasting Group Plc to OFCOM's Consultation Document 'Pay TV Second Consultation: Access to Premium Content', 2008, p 28. 4 Directive 2007/65/EC. 5 OFCOM is a super regulator that is entrusted to govern television and radio sectors, fixed line telecoms, mobiles, postal services and airwaves over which wireless devices operate. For further details, visit www.ofcom.org.uk. 6 See OFCOM, 'Select Committee on Culture, Media and Sport -- Written Evidence. Memorandum submitted by Ofcom, Office of Communications', 2007, para 31. 7 See OECD 'Regulatory Forbearance in Operation', 2005, available at http://www.oecd.org/dataoecd/14/47/34985339.pdf accessed 6 January 2012. 8 See ATVOD 'ATVOD Contribution to the Public Consultation on the Revision of the TVWF Directive Issue Paper on Commercial Communication', 2005, p 4. 9 ATVOD Guidance Note No 1. 10 These exclusions reflect the provisions of AVMS Directive. 11 See s 2.13 of the ATVOD Code of Practice. 12 See s 3.1(ii) of the ATVOD Code of Practice. 13 See ATVOD 'ATVOD Contribution to the Public Consultation on the Revision of the TVWF Directive Issue Paper on Commercial Communication', 2005, p 1. 14 See s 3.1(i) of the ATVOD Code of Practice. 15 See ATVOD 'Response to Ofcom Consultation', 2008, p 1. 16 See Ingrid Silver and Denton Wilde Sapte, Content Regulation in Mike Conradi and Kemp Little (Eds), Communications Law Handbook, Bloomsbury Professional 2009, p 139. 17 See s 7.1 of the ATVOD Code. 18 Ibid. 19 See s 9 of the ATVOD Code. 20 Directive 89/552/EEC, as amended by Directive 97/36/EC. 21 Recital 10 of the codified AVMS Directive. 22 Iceland, Liechtenstein and Norway. 23 The time limits referred in article 34 is stipulated in Annex I, Part B of the AVMS Directive. 24 Directive 2010/13/EU. 25 See Department for Culture, Media and Sport, 'Written Ministerial Statement on the Implementation of the Audiovisual Media Services Directive', 11 March 2009. 26 See Ofcom, 'The Regulation of Video On Demand Services', 18 December 2009 para 1.4. 27 See Department for Culture, Media and Sport, 'The Audiovisual Media Services Directive -- Consultation on Proposals for Implementation in the United Kingdom', July 2008. 28 See recital 44 and article 4(7) of the codified AVMS Directive. 29 See Department for Culture, Media and Sport, 'Written Ministerial Statement on the Implementation of the Audiovisual Media Services Directive' supra n 25. 30 See Ofcom, 'Proposal for the Regulation of Video on Demand Services' supra n 1. 31 See 'OFCOM -- The Regulation of Video On Demand Services', 2011. 32 The 2009 Regulations were made on 9 November 2009 and laid before Parliament on 10 November 2009. 33 See reg 2 of the 2009 Regulations. 34 On-demand audiovisual media service is defined as 'an audiovisual media service provided by a media service provider for the viewing of programmes at the moment chosen by the user and at his individual request on the basis of a catalogue of programmes selected by the media service provider'. 35 The ATVOD Guidance is issued by the ATVOD and it is not binding or legally enforceable like the provisions of the Act. Nonetheless, it provides non-determinative interpretative guidance on the scope of ODPS. 36 See recital 17 of the AVMS Directive/recital 24 of the codified AVMS Directive. 37 See recital 16 of the AVMS Directive/recital 21 of the codified AVMS Directive. 38 See recital 18 of the AVMS Directive/recital 22 of the codified AVMS Directive. 39 Ibid. 40 See recital 21 of the AVMS Directive/recital 28 of the codified AVMS Directive. 41 For details, see s 3 of the ATVOD Guidance. 42 Section 368R of the CA stipulates that 'appropriate regulatory authority' is to be construed in accordance with s 368B of the CA. 43 Proposals for the Regulation of Video on Demand Services published on 14 September 2009. 44 These include responses to the consultation document which was published by Ofcom on 18 December 2009, the ATVOD's written undertakings to Ofcom on the proposed designation dated 17 March 2010, the ATVOD's acceptance of a loan from the Department of Culture, Media and Sport and the information contained in the ATVOD's financial plan up to March 2011. 45 See Ofcom, 'Designation Pursuant to section 368B of the Communications Act 2003 of functions to the Association for Television On-Demand in Relation to the Regulation of On-Demand Programme Services', 2010. 46 The designated functions are set out in para 5 of the designation document. 47 See s 368C(1) of the CA. 48 See s 368C(2) of the CA. 49 See s 368C(3) of the CA. 50 See paras 11 and 12 of the Designation Document. 51 See para 15-17 of the Designation Document. 52 See para 3 of the Designation Document. 53 See ATVOD, 'The ATVOD Board and Chief Executive', available at http://www.atvod.co.uk/assets/documents/members/pdf/BM%20Biogs%20201010.pdf accessed 6 January 2012. 54 The ATVOD's written undertaking to Ofcom dated 17 March 2010. 55 See para 18 of the Designation Document. 56 See s 368B(3) of the CA. 57 See s 368B(2) of the CA. 58 The classification of these statutory provisions into editorial content and administrative rules are provided for by the ATVOD Rules. 59 Children means those aged 15 or under. 60 Young people means those aged 16 or 17. 61 See s 4 of the ATVOD Code of Practice. 62 See article 6 of the Codified AVMS Directive. 63 See article 12 of the Codified AVMS Directive. 64 See article 10 of the Codified AVMS Directive. 65 Section 1 of the Tobacco Advertising and Promotion Act 2002 defines 'tobacco product' as a product consisting wholly or partly of tobacco and intended to be smocked, sniffed, sucked or chewed. 66 Prop payment is defined in s 368H (2) of the CA. 67 See s 368H(15) of the CA. 68 See s 10.5 of the Ofcom Broadcasting Code. 69 See recital 92 of the Codified AVMS Directive. 70 See s 368H(6) of the CA. 71 See s 368H(7)-(14) of the CA. 72 See s 368BA of the CA or Rule 1 of the ATVOD Rules. 73 See s 368D(3)(za) of the CA or Rule 4 of the ATVOD Rules. 74 See s 368D(3)(zb) of the CA or Rule 5 of the ATVOD Rules. 75 See s 368D(3)(a) of the CA or Rule 6 of the ATVOD Rules. 76 See s 368D(3)(b) of the CA or Rule 7 of the ATVOD Rules. 77 See s 368I of the CA or Rule 8 of the ATVOD Rules. 78 See s 368D(2) of the CA or Rule 9 of the ATVOD Rules. 79 See recital 17 of the AVMS Directiv/Recital 24 of the codified AVMS Directive. 80 See s 368BA of the Communications Act and Rule 1 of the ATVOD Rules. 81 See s 3 of the ATVOD Guidance. 82 See recital 16 of the AVMS Directive/recital 21 of the Codified AVMS Directive. 83 See 'YouTube Blog: Partner Program Expands' at http://youtube�global.blogspot.com/2007/12/partner-program-expands.html. 84 For details on the programme, see http://www.youtube.com/partners. 85 See Elizabeth Newman, 'EC Regulation of Audio-visual Content on the Internet' in Lilian Edwards and Charlotte Waelde (Eds), Law and the Internet , (3rd Ed), Hart 2009, p 166.
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Video on Demand (VOD): An Analysis of the Regulatory System in the United Kingdom
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| summary |
Video on demand ('VOD') is a new technology that enables viewers to watch audio-visual ('television-like') content at their own preferred time. VOD services are currently accessible over a variety of distribution platforms including the Internet, Internet Protocol television ('IPTV'), cable, satellite and digital terrestrial television ('DTT'), smart phones and many others. The availability of high-speed broadband connections and rapid technological advancements has enabled viewers to watch programmes which are similar to those that are broadcasted on traditional televisions via VOD services. Nonetheless, VOD does not fall within the regulatory regime of the traditional broadcast media. This is certainly undesirable as VOD has a huge potential to become a serious rival to the traditional broadcast media. As such, this study attempts to examine in detail the regulatory system that has been formulated to regulate VOD in the United Kingdom ('UK').
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| title |
Video on Demand (VOD): An Analysis of the Regulatory System in the United Kingdom
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| title_full |
Video on Demand (VOD): An Analysis of the Regulatory System in the United Kingdom
|
| title_fullStr |
Video on Demand (VOD): An Analysis of the Regulatory System in the United Kingdom
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| title_full_unstemmed |
Video on Demand (VOD): An Analysis of the Regulatory System in the United Kingdom
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| title_short |
Video on Demand (VOD): An Analysis of the Regulatory System in the United Kingdom
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| title_sort |
video on demand (vod): an analysis of the regulatory system in the united kingdom
|