Tech
TV producer challenges UK VOD regulation
Published Friday, Jan 7 2011, 13:25 GMT | By Andrew Laughlin

Gosling, who produces specialist TV shows about caravanning and boating for satellite platforms, is specifically concerned about the Association for Television on Demand (ATVOD), a new body established to regulate video on-demand content.
ATVOD, which took over VOD regulation duties from Ofcom in March last year, has imposed a flat-rate fee of £2,900 on the services of all notified VOD providers in the UK, including the likes of SeeSaw, Blinkbox and Virgin Media.
Gosling has launched a new website, called SmallScale TV, aimed at representing the "hundreds and thousands of people in Great Britain and Europe who make online video content in a professional, responsible way [in] a recreational or small business environment".
He believes that the new regulatory system for online video is out of date and risks throttling the nascent market, particularly for smaller providers.
"The nature of TV is changing faster than almost anyone can keep up with, and Ofcom seems to be failing completely when it comes to understanding the needs of both the public and the industry - especially the smaller business end of the spectrum," Gosling said.
"The origin of the new regulatory system is European, but the horrendous implementation is purely British. The basic idea back in 2003 when the rules were drafted was to keep some control over programming shown online by the big broadcasters, but the whole marketplace has changed beyond recognition since then."
Gosling believes that online TV services will ultimately change the way people watch television, but only if they are not "regulated out of existence".
"Despite the sheer volume of satellite and digital terrestrial TV services available, there are still huge areas of interest which aren't catered for by broadcast TV," he said.
"I see a future in which small producers like me can make highly specialist programmes to play online, showing to maybe just a few hundred or a few thousand viewers every week or month - but instituting regulator fees that may be in excess of such a programme's annual budget is going to kill small enterprises like these stone dead."
ATVOD handles all specific issues and complaints involving VOD providers, while advertising complaints are managed by the Advertising Standards Association. However, Gosling believes that the new regulatory environment will prove confusing to the public.
"We already have a communications regulator, Ofcom, so why would they farm regulation of a highly specific form of video delivery out to a contractor?" he said.
"With set-top boxes due to start delivering online TV services into your living room, the seamless convergence of terrestrial, satellite and broadband TV should mean that the public-facing aspect of regulation should be simple, not more complex!"
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