Last Wednesday, all “video on demand” content for which the UK Column had “editorial” responsibility was removed from YouTube and this website following a “regulatory” request by ATVOD, a subsidiary of Ofcom.
On February 2, 2014, the UK column received a letter from ATVOD (the TV on Demand Authority). ATVOD is a subsidiary of Ofcom, the UK government's communications regulator. The ATVOD letter stated: Revision of laws and regulations The Communications Act of 2003 requires us to notify ATVOD that we are operating an “on-demand programming service,” to pay fees, and to comply with regulations.
ATVOD selects organizations to regulate primarily based on whether the organization is perceived to produce “television-like programming.” During our several conversations with ATVOD, ATVOD representatives acknowledged that there are no fixed standards for what constitutes “television-like” video content, and that the decision is made based entirely on arbitrary opinion.
On 5 February 2013, when asked by the House of Lords Communications Select Committee on Media Convergence and its Public Policy Implications whether ATVOD had “struggled to define[TV-like services]”, ATVOD Chair Ruth Evans responded, “Yes, it is an evolving technology”. It is on the basis of the “evolving technology” statement that ATVOD's claim that the “regulatory burden is light” should be understood. Currently, ATVOD claims that it exists to prevent harmful content from being served to children and to prevent hate speech. However, it is clear that anyone who submits to the current “light regulatory framework” will be participating in a fluid and evolving regulatory framework, with potentially severe fines.
Fines permitted under the Communications Act 2003 are 5% of a regulated organisation's turnover or £250,000, whichever is the greater. Following consultation with ATVOD, we have decided that we will not comply with ATVOD's regulations as their requirements infringe on freedom of speech and expression on the internet.
ATVOD then issued an “Enforcement Notice”, giving it 10 working days to comply with the demands. After carefully considering its options, it has decided to cease activity as what ATVOD calls its “on-demand television service” and remove all UK Column Video on Demand content from the internet.
I want to emphasise that this is not a matter of censorship of one alternative media organisation – it means that anyone can be regulated on the same terms as the BBC – this is the thin end of the wedge and needs to be seen in the context of wider media regulation.
For more information on this and why we took this action, please watch the video below.
We have prepared a press release for you to download and distribute to as many people as possible.
