Audiovisual Media Services Directive

Baroness Rawlings Excerpts

Tuesday 5th July 2011 Lords Chamber

[Lord Clement-Jones]

To ask Her Majesty’s Government whether they intend to review the operation of the Association for Television on Demand in the regulation of video on demand under the Audiovisual Media Services Directive.

[Baroness Rawlings]

The AVMS—audiovisual media services—directive has been implemented by way of co-regulation under which Ofcom has given the day-to-day responsibility to the Authority for Television on Demand, which to simplify I will refer to as ATVOD in future. It is for those two bodies to make certain that the system works. Ofcom plans to review this after March 2012. Ministers are aware of the range of concerns that have been discussed with Ofcom, ATVOD and the industry.

[Lord Clement-Jones]

My Lords, I thank my noble friend for that reply, which is reassuring because surely ATVOD is everything an industry-based co-regulatory scheme should not be: expensive, too wide in scope, far from light touch and, indeed, already giving rise to litigation. I am delighted to hear that the DCMS will be making sure that ATVOD is fit for purpose.

[Baroness Rawlings]

My noble friend Lord Clement-Jones makes a very good point. Our regulations specifically require that the fees be justifiable and proportionate in respect of each provider. We are aware that the regulations will inevitably have a cost, but we look to the regulators to make certain that that cost is minimised.

[Baroness Gardner of Parkes]

ATVOD is a very difficult name that we are all trying to come to terms with, but is it a fact that a number of companies have refused to pay the first full-year contribution?

[Baroness Rawlings]

My noble friend Lady Gardner is absolutely right. Some have not paid, but this is being looked at and is why Ofcom is going to be the backstop to follow these points through.

[Baroness Jones of Whitchurch]

Will the Minister explain exactly what backstop powers Ofcom has retained in order to intervene if it feels that ATVOD is not carrying out its functions properly? Does she agree with the original point made by the noble Lord, Lord Clement-Jones, that it has exceeded and expanded its role way beyond that which was designated in the original directive and that it needs to focus much more carefully just on raising standards in the video-on-demand industry?

[Baroness Rawlings]

My Lords, this has been gone through because of public consultation, and the actual responsibilities delegated to ATVOD include setting and collecting the fees from the VOD service providers to meet the estimated costs of carrying out ATVOD functions. ATVOD’s power to set and collect fees is subject to Ofcom’s prior written approval.

[Baroness Benjamin]

My Lords, in a recent survey, 20 per cent of eight year-olds said that they had seen nudity online. Is my noble friend the Minister aware that on the most popular websites, children are exposed to advertising of an adult nature and are invited to explore links to very explicit websites? If so, will the Government consider encouraging Ofcom to take further measures to protect children and young people from being targeted in this way by putting in place simple practical steps so that online media owners can take action to prevent clear-cut examples of inappropriate content appearing in places where children are likely to see them?

[Baroness Rawlings]

My noble friend Lady Benjamin makes a very valid point, and it is necessary for the Government to encourage simple steps to be taken. The Government believe that protecting children from harmful content in our media is of the greatest importance. That is why, following the implementation of the audiovisual media services directive, providers of certain video on-demand services will now be required to comply with minimum standards set under the directive. In 2010 these requirements were incorporated into UK law. They include the use of effective access controls.

[Lord Inglewood]

Does my noble friend agree that the whole system for the regulation of video on demand and other digital television-type and actual television services is hugely complicated? As the recent report of the Communications Committee pointed out and recommended, it would be to everyone’s advantage, not least of all the public’s, if it became a bit simpler.

[Baroness Rawlings]

I totally agree with my noble friend that it is hugely complicated, and it has taken me a great deal of time to get to grips with it, but we recognise that there may have been some initial problems with the regulation in the area, which is why we have looked to ATVOD and Ofcom to resolve these issues.