'The Sun' wins online video regulatory battle

The Sun has won a key battle over whether its online video section should be regulated by the UK's video on-demand watchdog, in a verdict which raises "important and difficult questions" about the future of VOD regulation.

In October, the Association of Television On-Demand (ATVOD) informed The Sun's publisher News Group that Sun Video constituted on-demand programme services (ODPS), essentially "TV-like" content streamed online.

This meant any videos posted online by The Sun would be liable for regulation in the same way as TV programmes streamed on BBC iPlayer and iTV Player. The newspaper would also have to pay an annual registration fee to ATVOD.

However, media regulator Ofcom today upheld News Group's appeal against the ruling, and overruled ATVOD's decision to count Sun Video as ODPS. The service will now not be regulated by ATVOD.

ATVOD, which took over regulation of the video services offered by some national newspapers and magazines in May this year, has made various similar determinations against other media providers.

Ofcom therefore noted that The Sun ruling raises important questions about the future of online video regulation.

"Ofcom acknowledges that News Group's appeal is made against one of the first of a number of determinations ATVOD made in similar cases involving audio visual material on newspaper and magazine providers' websites," said Ofcom.

"They raise important and difficult questions under complex new legislation and for which no precedents exist."

Ofcom said that ATVOD's initial judgement had failed to consider The Sun's website as a whole when considering whether it was a video on-demand provider.

"In the determination it appears to have considered that section of the website, and certain material in it, without looking enough at the whole of what was provided on the website and considering whether there is anything amongst that material which is a service whose principal purpose is the provision of TV-like programmes," said Ofcom.

It added: "Ofcom's view... is that the video section of The Sun's website was not a service having the principal purpose of providing audio visual material."

ATVOD chief executive Pete Johnson said that following Ofcom's ruling, the organisation has withdrawn similar ODPS determinations from the video sites of other newspapers and magazines.

"Given the clear similarities between The Sun and the other newspaper and magazine websites under appeal, we have moved quickly to confirm that the determinations in relation to those services are being withdrawn with immediate effect," said Johnson.

"We will now reflect further on the appeal judgement and consider any implications it may have for any other past and future rulings on whether a service falls within ATVOD's remit."