02/04/2007

A number of channels have faced claims over alleged premium rate phone line irregularities in shows in recent weeks, including Richard & Judy, X Factor and even Blue Peter.

The interactive element of programmes has become extremely popular with the viewing public, not to mention lucrative for broadcasters. However, channels are now reviewing their use in light of these scandals and a crisis of public confidence.

Premium rate phone watchdog, ICSTIS, met with broadcasters and premium rate service providers and has announced, among other things, more rigorous monitoring and a new licensing regime for all premium rate service providers operating this type of TV service. 

Media regulator, Ofcom, has also launched an inquiry and will propose its own recommendations in the summer.

Although recent stories have hit the headlines, regulators have had concerns for some time. Of particular concern are the ‘call TV quiz shows’ which fill up much off-peak screen time on some commercial TV channels. Viewers call to enter but very often are never connected to the studio - and large telephone bills can be run up in the process. There have also been concerns about the nature of some of the quiz questions – vague and ambiguous questions can encourage viewers to keep calling.

Ofcom issued a pre-consultation document into ‘participation TV’ in December last year which invites views on whether such shows should be classed as advertising (which could restrict airtime and result in stricter regulation on content).

A House of Commons committee also looked at this area last autumn and reported in January this year. That report makes a number of recommendations aimed at improving transparency and fairness for call TV quiz shows; for example, by encouraging use of caller alert systems to enable callers to keep track of how many calls they have made and how much they have spent. 

ICSTIS have followed this up with specific proposals for spoken pricing announcements at regular intervals during the programme, cumulative call warnings and presenter scripts.

More controversially, the House of Commons committee report also argues that call quiz TV shows should be treated as gaming and therefore subject to gambling legislation.

The report argues these shows should be treated as ‘illegal lotteries’. 

If so, broadcasters would have to obtain a lottery licence and distribute 20 per cent of proceeds to good causes; or restructure to ensure the format was a prize competition or free draw instead.

The Gambling Commission appear to support this view.  Unfortunately the new Gambling Act 2005 was drafted before the call TV quiz show explosion and does not provide a clear answer on whether or not these formats are indeed gaming. 

Given the value of these shows to broadcasters, ICSTIS, Ofcom and the Gaming Commission may have an uphill battle on their hands.


Tods Murray LLP


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