Ofcom: PSP, Euro-telco regulator, and junk food

Folks, Ofcom are having a rough go of it lately …

1. The PSP: The Commons Select Committee on Culture, Media and Sport later today releases its report on Public Service Content (check here). It’s a long report, but I thought the most important nugget for OfcomWatching purposes was this:

‘Given the huge amount of public service content currently available on new media, we believe that the creation of a new public service publisher, as currently envisaged by Ofcom, is unnecessary. The creation of a new public service content institution for new media would run the risk of distorting the market and impeding innovation. We also believe that an approach that attempts to impose the institutional interventions of the past in the new media world is misguided. At a time when technological change and digital uptake strengthens the case for the withdrawal of existing intervention, the introduction of new public institutions does not appear to be merited.’

Not only is the idea rejected, but the subtext is that Ofcom just don’t get the modern media environment.

2. The Proposed European Telecom Market Authority:

3. Junk Food (HFSS) Advertising:

It is becoming increasingly likely that there will be a mandatory pre-9pm / watershed ban on junk food advertising announced as part of the government’s strategy to combat obesity. Whilst such a move would be extremely politically popular, it would of course bypass the carefully crafted regulatory scheme created by Ofcom. That really harms the notions of regulatory certainty, evidence-based policy making, industry engagement, etc. Ofcom are of course prepared for this turnabout now, but in hindsight looked out-of-step with society on this issue because it initially refused to even consult on such a pre-watershed ban.

It hasn’t helped Ofcom that consumer organisations and the food industry have each pointed out that Ofcom’s rules are not very targeted in certain cases: The Ofcom regulations have serious overinclusion / underinclusion problems. Some food adverts that are not part of the obesity problem are banned and some food adverts that are part of the obesity problem are permitted.

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Maybe next week will be better?