The Dynamics of Regulation: Global Control, Local Resistance by George Gantzias

Author:George Gantzias [Gantzias, George]
Language: eng
Format: epub
Tags: Political Science, General
ISBN: 9781840140859
Google: rRd1A-2rbBoC
Publisher: Ashgate
Published: 2001-01-15T03:48:54+00:00

The Role of ITC as a Regulator in the Deregulation/Re-regulation and Liberalisation Era: Its Regulatory Activity on Television Advertising

The 1990 Broadcasting Act requires the Commission:

to ensure that a wide range of services is available throughout the United Kingdom ... [and] to ensure fair and effective competition in the provision of such services and services connected with them.2

It must also ensure that the services are of 'high quality and offer a wide range of programmes calculated to appeal to a variety of tastes and interests'.3 The strictures on competition:

shall not be constructed as affecting the discharge by the Director General of Fair Trading, the Secretary of State or the Monopolies and Mergers Commission of any of his or their functions in connection with competition.4

The Act also contains general provisions with regard to the awarding of licences, licensed services and advertisements, which are the responsibility of the ITC.5 The general provisions as to advertisements (Section 8) contain several restrictions carried over from Schedule 1 of the 1981 Act. Advertisements on behalf of political parties or directed towards political ends are still prohibited. So is unreasonable discrimination either against or in favour of any particular advertiser. The Commission may not act as an advertising agency. There is a new prohibition on the inclusion, without the Commission's permission, of programmes sponsored by persons whose products or services are prohibited from being advertised under Section 9, which deals with the code of conduct.

Unlike in previous Acts, religious advertising is not forbidden and the detailed restrictions on sponsorship or any appearance of advertiser-supplied or -suggested programming have been dropped. There is no separate Schedule devoted to Rules as to Advertisements.

With regard to control of advertisements, the Commission is required:

(Section 9)

a) after the appropriate consultation, to draw up, and from time to time review, a code i) governing standards and practice in advertising and in the sponsoring of programmes, and

ii) prescribing the advertisements and methods of advertising and sponsorship to be prohibited, or to be prohibited in particular circumstances; and

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