©Ofcom The future role of independent regulatory authorities Tim Suter, Partner, Content and Standards 25th October Warsaw

©Ofcom1 5 key questions What is content regulation for? Why is independence important? What is different about today’s media? What will change in the new directive? What are the implications for us in how we do our job?

©Ofcom2 What is content regulation for? To safeguard freedom of expression To safeguard the integrity of editorial material To establish and maintain acceptable standards in relation to content To ensure that broadcasting contributes fully and positively to the cultural life and public purposes of the nation Why broadcasting? – The inherent power of the medium – The economic and resource barriers to entry – The use of public funding and / or resource

©Ofcom3 Why is independence important? Because we take decisions about who has access to airwaves – Licensing decisions – Sanctions processes Because we adjudicate on hard questions which frequently have political resonance and significance – Political advertising: Make Poverty History – Impartiality provisions: election coverage / Islam channel Because we give space and time for debate – Celebrity Big Brother Because we are part of the intricate balance of trust in the media

©Ofcom4 Electronic Telegraph launches MS Windows 3.1 launches Sky encrypts its channels First World Wide Web browser, Mosaic, launches 1993 Cable triple- play: telephone, TV & broadband iPod launches Satellite TV launches 1989 First sent Colour TV launches 1967 Ceefax launches 1973 VCRs first available 1976 IBM PC launches 1981 Skype launches OnDigital folds Freeview launches 2002 Sky Digital and OnDigital launch BBC Choice and ITV 2 launch G operators awarded licences 2000 C4 live streaming 4OD launches Free broadband BT 21CN announced DVB-H mobile television trials 2006 ITV live streaming Virgin quad play 52% homes broadband Joost launches BBC iPlayer launches BT Movio launches and closes First text message sent BT Fusion launches Fixed line SMS 2005 BBC Online launches What is different about today’s media? Source: Ofcom

©Ofcom5 Traditional roles are changing: Two examples Content and rights Aggregation Distribution Device Navigation

©Ofcom6 Multiple audiovisual devices Proportion of individuals (%) Source: Ofcom research

©Ofcom7 % of households who use the internet for the following activities Multiple uses of the Internet Base: All adults who have the internet at home Source: Ofcom research, Q1 2007

©Ofcom8 What is different about today’s media? Multiplicity Complexity Personal control No single point of control Democratic engagementLoss of authority DiversitySameness Communities of interestThreat to national / local content

©Ofcom9 What will change in the new directive? Directive seeks to answer the question: should we do more, less or different – by saying yes to all… More: – Scope – extended to include non-linear (with important definitional qualifications) – Enhanced co-operation approach Less: – Detailed advertising rules – Product placement ban Different – Self- and co-regulation

©Ofcom10 UK Process – implementation plans Assess extent to which existing legislation can accommodate changes to scope – and what linear services may now be caught Accreditation – by whom? With what back-stop? Product Placement Country of Origin – enhanced co-operation procedure: who does what?

©Ofcom11 What are the implications for us in how we do our job? Technology neutrality versus platform specific protections – who does the consumer have a relationship with? Definitions of “editorial responsibility” Newspapers – web-sites / dedicated “TV” channels Relationship to self- and co-regulatory bodies – especially in context of cross border services Relaxation of rules around amount of advertising – and relationship to PSB specific limits