Ofcom proposes further premium rate crackdown

LONDON - Ofcom has proposed tough rules to ensure the use of premium rate phone-ins on television and radio does not take precedence over editorial content.

Ofcom wants to ensure any programme that invites viewers and listeners to interact or participate is not a vehicle for promoting commercial, revenue-generating services.

Quiz shows and psychic and adult chat shows are likely to be particularly affected by the proposed rules, and have been warned by Ofcom they will need to "change significantly" to comply.

The proposed rules state that:

- Where premium rate services (PRS) are used in a programme for audience participation, it must not be given undue prominence within the programme;

- The programme must consist primarily of content other than the promotion of the PRS;

- The primary purpose of the programme must be editorial, and any commercial activity associated with the PRS, such as generation of call revenues, must be secondary to that purpose; and

- Broadcasters may only charge viewers via PRS call charges and not by other means such as credit card or direct debit.

Shows using premium rate services could avoid having to comply with the rules by applying to be reclassified as a teleshopping service instead of an editorial service.

However, adult chat on unencrypted channels and TV psychics cannot be broadcast as teleshopping as they fall into a prohibited category. In addition, teleshopping services are subject to advertising minutage rules and the BCAP advertising standards code enforced by the Advertising Standards Authority.

Ed Richards, chief executive of Ofcom, said: "The new rules mean these channels face a much tougher regulatory regime which they must comply with.

"Ofcom will ensure that programmes only use premium rate telephone lines where there is sufficient editorial justification. This will further distinguish between television advertising and editorial content for the benefit of viewers."

Ofcom's latest proposals follow it laid down for premium rate phone-ins in February that put ultimate responsibility for compliance issues on the shoulders of broadcasters.

The deadline for responses to Ofcom's latest proposals is May 22.

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