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February 2, 2015
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Ofcom publishes report on Consumer Experience of 2014.
Competition and Markets Authority issues call for information on commercial use of UK consumer data.
Senior representatives from broadcasting, network infrastructure, trade unions and professional organisations call for industrial policy for Europe’s creative and cultural industries and urge decision-makers to see bigger picture on spectrum.
Ofcom publishes planned next steps to promote investment and innovation in Internet of Things.
Ofcom publishes annual review of Channel 3 networking arrangements.
European Data Protection Supervisor says Europe needs to be at forefront in shaping global, digital standard for privacy and data protection.
Information Commissioner’s Office to go ahead with implementation of “privacy seals” scheme.
Ofcom publishes predicted coverage maps of local Digital Audio Broadcasting radio and consults on proposed changes to areas and frequencies.
Ofcom publishes annual review of Channel 3 networking arrangements.
Government launches consultation on new tax relief for orchestras.
Independent Music Companies Association presents Digital Action Plan to European Commission.
High Court dismisses application to strike out online “spam” defamation claim.
Attorney General reminds editors not to identify victims in sexual offence cases.
Ukie sets out policy focus ahead of General Election in May.
ASA censures website advertising “Adult Skitzo” Halloween costume.
ASA rejects complaints that Haig Whisky ad featuring David Beckham was socially irresponsible.
Ofcom publishes report on Consumer Experience of 2014.
The report, which includes comprehensive consumer research and industry data, measures consumers’ experience of the communications and postal markets.
The study is accompanied by a policy evaluation, which explains how Ofcom’s regulatory and consumer protection initiatives are targeted to achieve good outcomes for consumers. Ofcom has also published a report on the Consumer Experience of Switching, one of Ofcom’s priority areas of work.
While customer satisfaction with communications services is generally high, Ofcom says that it is outlining work to improve further consumers’ experience across the sectors it regulates. This work is informed by the findings in the Consumer Experience report.
Finally, Ofcom has also published research looking at how older people in particular are using media, as part of Ofcom’s series of in-depth “Digital Day” reports. The research examines how people aged 65 and over use services and devices such as telecoms, television and tablets. To access the Consumer Experience 2014 report and policy evaluation, click here. To access the Consumer Experience of Switching report, click here. To access the Digital Day research, click here.
Competition and Markets Authority issues call for information on commercial use of UK consumer data.
The CMA’s call for information is part of a wider project to understand fully how businesses collect and use consumer data, including how it affects consumers, businesses, competition and the wider economy.
The CMA is keen to understand more about the ways in which businesses collect and use data and the value of it both to businesses themselves and when sold or licensed for re-use by others. It will be looking at both the benefits and potential drawbacks that accompany this growing ability to understand consumer preferences, interests and behaviours. It will also consider the market impact of consumer protection legislation and other relevant regulations.
Alex Chisholm, CMA Chief Executive, said: “The ease and extent with which consumer data can be collected and analysed has increased hugely in recent years and will grow further with continuing technological developments. We have witnessed a strong drive to gather our personal data by internet companies. This has a positive side, in that it helps us get access to new online services, to receive more targeted advertising and better tailored service offerings. But not everyone appreciates the collection of our personal data and observation of our online behaviour. One of our priorities as a new authority is to take a closer look at developments and practices in growing areas such as this. We want to understand better the ways in which consumer data is used, as well as the consequences from this – beneficial or otherwise – for consumers, businesses and the wider economy, and how the CMA may promote competition in this area”.
The consultation closes on 6 March 2015. To access the consultation documentation, click here.
Senior representatives from broadcasting, network infrastructure, trade unions and professional organisations call for industrial policy for Europe’s creative and cultural industries and urge decision-makers to see bigger picture on spectrum.
The call on EU decision-makers to shape an ambitious industrial strategy for Europe’s creative and cultural industries comes following a meeting in the European Parliament involving senior representatives of the Association of European Radios, the Association of Professional Wireless Production Technologies, Broadcast Networks Europe, the European Broadcasting Union, the European Federation of Journalists and UNI MEI, which represents 170 national unions. The group essentially called for a strategy based on growth, innovation and jobs.
Europe’s unique radio and audiovisual model is a “huge asset” for Europe’s competitive position in the digital world, cultural diversity and media pluralism, the group says, and spectrum allocation is one of its key foundations for content production and distribution. In addition, free-to-air TV and radio enable a “virtuous cycle of public access, broadcasting and infrastructure innovation, local investments in works and jobs, and diversity of content”.
The group urged European policy-makers to adopt a “clear vision”, strategy and commitments. In doing so, they reminded EU policy-makers that the sector is a leader in terms of GDP and jobs as well as Europe’s “greatest competitive asset” in the global digital race.
The group called on policy-makers to embrace the specificities of the sector as a growth enabler and as a key component of European construction, particularly by putting forward policies that:
- acknowledge the business, investment and funding models to ensure sustainable levels of efforts and investments by enterprises and workers in production, infrastructure and innovation;
- uphold the importance of local/national works as supporting employment, diversity and plurality; and
- enshrine guaranteed access to critical resources such as spectrum for services that sustain Europe’s creative and cultural industry.
On spectrum, the group called for a comprehensive political approach that recognises the role of free-to-air radio, Programme Making and Special Effects and Digital Terrestrial Television, and respects Europe’s ability to continue to create world class content. DTT and radio remain the preferred means by which EU citizens access works and in so doing sustains and finances Europe’s rich cultural diversity and media plurality, the group says.
In light of this, the group called on European policy-makers to make every effort in 2015 to:
- position creative and cultural industries at the heart of Europe’s Digital Single Market strategy;
- guide new and sustain existing investments to increase certainty for employers, employees and the public alike as well as to maintain innovation, as a strong democracy requires quality, plural and diverse content; and
- take decisions on critical resources such as spectrum allocation on the basis of a comprehensive examination of the impact on cultural and creative sector growth and jobs, particularly in forming common positions for EU and global negotiations at the upcoming World Radiocommunication Conference and in the Radio Spectrum Policy Programme.
To read the group’s press release in full, click here.
Ofcom publishes planned next steps to promote investment and innovation in Internet of Things.
Ofcom says that the IoT is “set to enable large numbers of previously unconnected devices to communicate and share data with one another”. Its services span industries from agriculture and energy to transport, healthcare and much more, with the potential for significant benefits to citizens and consumers.
There are already over 40 million devices connected via the IoT in the UK alone. This is forecast to grow more than eight-fold by 2022, with hundreds of millions of devices carrying out more than a billion daily data transactions.
Ofcom has identified several priority areas to help support the growth of the IoT. Following feedback from stakeholders in 2014, these areas include spectrum availability, data privacy, network security and resilience, and network addresses.
Ofcom says that it will explore how it can support and work with the Government, the Information Commissioner’s Office, other regulators and industry to facilitate progress on these issues at both a national and international level. To access Ofcom’s planned next steps document, click here.
European Data Protection Supervisor says Europe needs to be at forefront in shaping global, digital standard for privacy and data protection.
Speaking on Data Protection Day on 28 January 2015, the newly appointed EDPS, Giovanni Buttarelli, encouraged the EU to “lead by example as a beacon of respect for digital rights”.
Mr Buttarelli said: “It is high time that we in Europe think about our response to rapid change and challenges, including threats to our security. That response will have ramifications for us and for the next generation that is growing up online today. We must not forget that we cannot have security without privacy so that we preserve the rights and freedoms that Europe holds dear. Our solutions for security must also treat individuals with dignity and respect – and not suspicion or surveillance. The goal for my mandate is for the EU to speak with one voice on data protection, a voice which is credible, informed and relevant”.
A clear, modern, future-oriented set of rules remains key to solving Europe’s digital challenge, the EDPS made clear. However, the EU has been talking about the reform of the existing rules on data protection for over three years now. Society and technology will not wait for Europe to agree on its approach, he said. The ongoing legal uncertainty is damaging for citizens and businesses.
In the EDPS’s view, the reforms will offer clarity and consistency, including in the areas of data transfer, the processing of personal data and law enforcement. The EDPS’s aim is to help push through the reform quickly and adopt a rulebook robust enough to last two decades.
Further, the EDPS said, he will enforce and reinforce EU privacy and data protection standards both in practice and in law. He will “actively promote” a culture of data protection in the EU institutions and provide toolkits to policymakers for developing innovative legal and technical solutions. In short, the aim of the EDPS over the next five years is to help the EU to become a “beacon of respect for data protection and privacy”. To read the EDPS’s press release in full, click here.
Information Commissioner’s Office to go ahead with implementation of “privacy seals” scheme.
An ICO privacy seal would be awarded to organisations that demonstrate that they are not only meeting, but also surpassing, the requirements of the Data Protection Act 1998 when it comes to looking after people’s information, the ICO says.
A recent survey by the ICO revealed that four out of every five people approve of the introduction of a privacy seal. It is therefore an area of work that many organisations processing personal information will want to start thinking about, the ICO says.
According to the ICO, a privacy seal scheme will bring a number of benefits:
- the awarding of a seal will help to promote organisations that are going above and beyond the call of duty when it comes to looking after people’s information, giving them an opportunity to gain an advantage over their competitors;
- the seal will help to build consumer trust and choice, as it will demonstrate that an organisation is looking after their information to a notably high standard; and
- the seal will raise the bar for privacy standards across the UK by incentivising good practice.
The ICO will endorse third party operators to deliver ICO privacy seal schemes. Once approved, the scheme operators will be responsible for the day-to-day running of the scheme. It is anticipated that the different scheme operators will focus on different sectors, processes, products or areas of compliance. For example, one operator may focus their privacy seal scheme on the collection of personal information by mobile apps, while another operator may run a scheme for organisations providing data protection training services for health service providers.
In order to be considered for endorsement, potential scheme operators will have to be accredited by the UK Accreditation Service and will need to meet a strict set of criteria developed by the ICO. The criteria will ensure that any ICO privacy seal scheme is viable, promotes the high standards it is looking to achieve and complements the existing priorities of the ICO. The ICO will retain the right to remove its endorsement if the operator is no longer able to run the scheme to the required standard.
Organisations wishing to apply for an ICO privacy seal will then be able to make an application to a relevant scheme operator. Organisations will only be awarded an ICO privacy seal if they can show that they meet the operator’s assessment criteria and in doing so demonstrate that they meet the highest data protection standards.
Once an organisation has been awarded a privacy seal, it will be able to use the seal externally to show that it is demonstrating best practice when it comes to looking after people’s information. The seal can be used by the organisation for a certain period, likely to be four years, after which time, revalidation will be required. The seal can also be removed if the organisation awarded the seal fails to maintain standards.
As for progress, the ICO says that it is currently working with UKAS and various stakeholders to develop the framework criteria privacy seal scheme operators will need to meet in order to operate an ICO endorsed privacy seal scheme. In the coming months, the ICO will publish the final criteria and invite applications from potential scheme operators who’d like to run an ICO endorsed privacy seal scheme.
Later in the year, the ICO says that it will announce the details of the selected operators. The aim is to have the first ICO endorsed privacy seal scheme up and running in 2016. Once an ICO privacy seal has been established, organisations will be able to apply to the scheme operator for certification. To read the ICO’s announcement on its blog in full, click here.
Ofcom publishes predicted coverage maps of local Digital Audio Broadcasting radio and consults on proposed changes to areas and frequencies.
Following the Department for Culture, Media and Sport’s publication of a Framework Agreement for the expansion of local DAB radio, Ofcom has published predicted coverage maps for each local area. The maps show what digital radio listeners in each area could expect to receive, both indoors and in-car, under the Local DAB Expansion Plan, due for completion by late 2016.
Ofcom explains that the Local DAB Expansion Plan is designed to improve the coverage of local DAB multiplexes around the UK. The plan is funded by Government, local radio multiplex operators and the BBC and would see local DAB coverage rise from around 76% of homes at present to around 91% of UK households by late 2016, with a corresponding increase in road coverage. The local DAB multiplexes carry both commercial radio services and BBC Local or Nations’ services.
Ofcom has also announced a consultation on proposed changes to some local multiplex licensed areas and frequencies. These changes have been requested by local multiplex operators as part of the Local DAB Expansion plan.
If agreed, the frequency changes would require some listeners to retune their DAB digital radios. The radio industry has said that it would undertake a communications campaign to ensure listeners in each relevant area understand the changes and are kept informed.
The proposed changes would also allow the extension of local DAB coverage into some areas currently not receiving DAB services and would not affect listeners’ existing reception of such services.
The consultation is open until 25 February 2015. To access the coverage maps, click here and to access the consultation documentation, click here.
Ofcom publishes annual review of Channel 3 networking arrangements.
The Communications Act 2003 requires the holders of the 15 regional Channel 3 licences to agree networking arrangements (NWA) that enable them to work together to produce a national television service. The NWA must be approved by Ofcom.
Following consultation with all interested parties and the Competition and Markets Authority, Ofcom has concluded that the NWA continue to meet the criteria specified in the Communications Act 2003 and no modifications are required to the NWA currently in place. For further information on Ofcom’s assessment of the arrangements, click here.
Government launches consultation on new tax relief for orchestras.
In his Autumn Statement of 3 December 2014, Chancellor of the Exchequer George Osborne announced that the Government would launch a formal consultation in early 2015 about introducing a new tax relief for orchestras from April 2016, in recognition of their cultural value and artistic importance. The consultation has now been published.
The proposed relief will be based on the model for theatre tax relief. Key features include:
- to qualify for relief, the business must be incorporated and engaged in the production of live orchestral performances;
- relief will take the form of an additional deduction for corporation tax purposes which can be surrendered for a payable tax credit;
- tax relief will be available for the creative and production costs of live orchestral performances but not for day-to-day running costs;
- there will be a higher rate of credit for performances that are part of a tour to encourage orchestras to play for a wide range of audiences; and
- it will be possible for orchestras to group together multiple qualifying performances in one tax relief claim.
To qualify for the relief, it is proposed that the majority of performances for which relief is being claimed must be played by a musical ensemble consisting of 14 or more performers and must include players drawn from each of the following four sections: string instruments, woodwind instruments, brass instruments and percussion instruments.
The following will not be eligible for the relief: (i) entertainment with a competitive element; (ii) performances where the sole or main purpose is for advertising; (iii) performances intended solely or mainly for recording or broadcast; and (iv) performances of certain genres of non-orchestral music, such as pop and rock.
The HM Treasury Consultation on orchestra tax relief closes on 5 March 2015. To access the consultation documentation, click here.
Independent Music Companies Association presents Digital Action Plan to European Commission.
IMPALA has called on the European Culture and Education Committee to implement a new European industrial policy to drive the digital market through the cultural and creative sectors.
IMPALA says that one of the strands of Europe’s new industrial policy should be a range of measures to boost SMEs including independent music companies, which account for 80% of jobs and 80% of investment in new music in Europe today. IMPALA also asks the EU to rethink how citizens, artists and businesses engage online.
IMPALA says that with the debate on copyright a “hot topic”, the action plan takes a robust stance and calls on the European Commission to reinforce copyright as a fundamental right, a liberator of the creativity that drives the digital market. The importance of stopping the abuse of the so-called “safe harbour” exemption is also underlined, as well as not transferring creators’ rights to trade to those who are behind calls for weaker copyright.
One of the ten areas flagged for action is growing investment through measures such as tax credits, new accounting standards and revised statistical codes. IMPALA also asks the Commission to broker a charter and scoreboards to boost diversity on European radio and other media offline as well as online.
Helen Smith, Executive Chair of IMPALA said: “An industrial policy for culture is a pre-requisite to Europe’s digital economy. This involves reinforcing copyright and clarifying what operators like YouTube can and can’t do. Ensuring a successful digital single market also implies a host of other measures such as promoting diversity in a measurable way and devising a new regulatory, competition, social and fiscal framework for smaller actors.”
Michel Lambot, board member of IMPALA, said: “A healthy licensing environment is fundamental. We look to the EU to take away distortions to the digital single market. It must be clear that ‘safe harbour’ is no place to hide in Europe if you are running a music service. Let’s couple that with a serious industrial policy that boosts smaller players, gets more investment, provides more exposure for all artists, and then of course quantifies the results. This is what our Action Plan is about”. To read IMPALA’s press release in full, click here.
High Court dismisses application to strike out online “spam” defamation claim.
The claimants, Craig Ames and Robert McGee, both resident in California, were involved in a bulk email marketing services business. The first defendant, The Spamhaus Project Ltd, was an English company, which tracked and reported on sources of spam on the internet.
The claimants were both named as spammers on the Spamhaus website and were also at the top of Spamhaus’s list of the top ten world’s worst spammers. Addresses relating to the claimants and a photograph of Mr McGee were also published. The claimants complained that the words used in the publications were libellous of them and that the disclosure of their addresses was a misuse of private information. Mr McGee also claimed that the reproduction of the photograph was an infringement of copyright. They claimed damages and injunctions.
Spamhaus applied for an order dismissing all of the claims on the grounds that they were an abuse of the court’s process. Alternatively, it applied for summary judgment on the grounds that the claims had no real prospect of success. Spamhaus argued that the claimants had no, or no significant, reputation in England and Wales, that the extent of publication within this jurisdiction was minimal or insignificant, that the claimants had neither suffered nor were likely to suffer any or any substantial or serious harm as a result of the alleged wrongs, that publication had ceased and that there was no intention to republish.
The court rejected Spamhaus’s application. It found that each of the claimants had a real prospect of establishing that publication of the words complained of within the jurisdiction during 2014 had caused serious harm to their reputations.
The claimants might well establish that the words complained of bore the meaning alleged, which imputed unlawful conduct in the course of business and, at worst, seriously unlawful, deceitful conduct over a period years, which was “inherently seriously harmful to reputation”, the court said.
Further, readers (other than those close to and trusting of the claimants) of the publications were “very likely indeed” to take as true the meaning of the words complained of (given that Spamhaus was considered to be authoritative and reliable) and would be deterred from dealing with the claimants. In addition, it was not possible to say at this stage whether there was only insubstantial publication as no disclosure had yet been made.
Therefore, although the claimants might fail after full disclosure and a full examination of the evidence, at this stage they had a real prospect of establishing their claim.
The claim could not properly be dismissed as an abuse of the court’s process when the court could not reach any reliable conclusion one way or the other on the prospects of success of Spamhaus’s defences of public interest or truth, and certainly could not find it likely that Spamhaus would succeed on either. It was a “strong thing for a court to strike out a claim on proportionality grounds if it has at least arguable merit, and the court must be alive to the risk that it might unjustifiably deprive a claimant of access to justice”, the judge said.
If the claimants can establish that they had suffered serious harm to reputation, their attempt to seek vindication would be “inherently legitimate”, the judge said, and the court could not, therefore, dismiss the claim on the basis that the costs would be disproportionate. In any event, “It should not be beyond the court’s ability to manage a case of this nature in such a way as to keep costs within reasonable and proportionate bounds”. (Craig Ames v The Spamhaus Project Ltd [2015] EWHC 127 (QB) (27 January 2015) – to read the judgment in full, click here).
Attorney General reminds editors not to identify victims in sexual offence cases.
The Crown Prosecution Service has been asked to consider whether any criminal offences have been committed in regards to identifying the victim in the case pertaining to Ched Evans.
The Attorney General, Jeremy Wright QC MP, has reminded editors, publishers and social media users that identifying a victim in a sexual offences case is a criminal offence and could be subject to prosecution.
Jeremy Wright QC MP said: “Victims in sexual offence cases are entitled to lifelong anonymity and should not be named or identified publicly. Anyone who is involved in the identification of a victim risks being prosecuted. All complaints made to my office where a victim’s identity is supposedly revealed – whether it’s on social media, on websites or in newspapers will be investigated”. To read the Attorney General’s Media Advisory in full, click here.
Ukie sets out policy focus ahead of General Election in May.
Ukie, which supports the UK’s games and interactive entertainment industry, says that it is focusing on “maintaining our strong relationships with the most important policy-makers in each party and continuing to drive home the priorities we have set out over the past year”.
The Ukie manifesto, launched in September 2014, set out the three headline areas where action is needed from the next government:
- support to help UK games companies grow across the UK, including regulatory stability, better infrastructure, and a long-term roadmap where games businesses can access public funding and support proportionate to the other screen industries;
- promotion of the UK games industry abroad, demonstrating that the UK is one of the leading videogame industries in the world, including a focus on funding, fully supporting and working with industry on trade and investment activity such as trade missions and helping UK businesses to reach overseas marketplaces; and
- building a strong and diverse talent pipeline, including supporting the new Computing Curriculum, investing in careers guidance, teacher confidence, and extending and making permanent the Skills Investment Fund.
In its letter to the Chancellor ahead of December 2014’s Autumn Statement, Ukie focused on four direct actions that could be taken then and there to strengthen the games industry, make the most of Games Tax Relief, and begin capitalising on the potential the games industry offers for jobs and growth. Ukie says that it will be writing to the Chancellor ahead of the Budget on 18 March 2015 to repeat this call for direct action and to emphasise some of the important points in its manifesto.
Ukie says that this policy agenda will be the basis of all its engagement with those politicians and advisers likely to be setting the agenda under the next government. Ukie will be highlighting the need to support regional growth by helping existing hubs, to invest in teacher support to ensure the new Computing Curriculum has the impact it should, to continue investing in broadband infrastructure, and to build a long-term roadmap for the games industry to access public funding on a level proportionate to the other creative industries, recognising the growing cultural and economic importance of games. To read Ukie’s press release in full, click here.
ASA censures website advertising “Adult Skitzo” Halloween costume.
An ad on www.joke.co.uk featured a Halloween costume called “Adult Skitzo Costume”. An image of the costume accompanied the text “The Adult Skitzo Costume is an orange jumpsuit with black vinyl accents and a barcode on the chest that will make you look like a character straight out of a horror movie … Also included with the outfit are a set of black vinyl shackles and belt, plus a restraining face mask to complete the look”.
Following a complaint that the ad contributed to the stigma surrounding mental illness by misrepresenting people with schizophrenia as violent and murderous, the ASA considered that it was unlikely that the image, in itself, would cause offence because consumers would view it as representative of a familiar film character. However, the ASA considered that referring to mental illness, and in particular using the term “Skitzo”, in conjunction with the image of the costume was likely to reinforce negative stereotypes about mental illness, and concluded that the title of the costume and any other references to “Adult Skitzo Costume” were likely to cause serious or widespread offence. As such, the ad breached CAP Code rule 4.1 (Harm and offence). To read the ASA Adjudication on Abscissa.Com Ltd (28 January 2015) in full, click here.
ASA rejects complaints that Haig Whisky ad featuring David Beckham was socially irresponsible.
A TV ad featured David Beckham riding a motorcycle, and others travelling through a craggy landscape to meet each other. The actors were all shown congregating in smart attire, with Beckham carrying a bottle of Haig Club. He poured the drink into tumblers for them and they were then shown posing for photographs while, initially, holding their tumblers. The background changed to show different countries and settings, and the arrangement of the group also changed, with the characters no longer holding their glasses, before returning to the original group photograph. The ad ended with a shot of the product and the caption “Haig Club single grain scotch whisky Welcome.” An online video, seen on www.haigclub.com and the Haig Club YouTube channel, featured the same content.
Alcohol Concern and one other complainant challenged whether the ad was irresponsible. Alcohol Concern specifically noted that Beckham had won a Nickelodeon Kid’s Choice Sports “Legend” award in 2014 and that he had been prominently involved in promoting Sainsbury’s Active Kids and UNICEF campaigns. One of the complainants also had concerns about the use of the word “Club”.
The ASA considered that Beckham was widely known for his commercial and ambassadorial roles, as well as his family, albeit with football as the reason for his initial fame. It considered that, although Beckham’s early career would have meant that he held strong appeal to children at that time, the shift to commercial ventures, his involvement with foreign leagues and subsequent retirement, meant that he was no longer likely to hold such appeal to children in 2014. The ASA said that the opinion of the largely American Nickelodeon channel was insufficient to demonstrate that Beckham held strong appeal to children in the UK and the Sainsbury’s and UNICEF campaigns were unlikely to contribute particularly to his appeal to children.
The ASA noted that the whisky was shown as part of a social occasion, but that a well-established friendship was already present before the drink was poured. Other scenes showed the history of the group’s friendship without the presence or consumption of alcohol. The ASA considered that consumers would recognise the use of the word “Club” as a reference to the name of the brand rather than a suggestion that purchasing or consuming the product would lead to social success or belonging.
In summary, the ASA concluded that David Beckham did not have strong appeal to children and was not likely to be a figure whose example children would follow. It also concluded that the ad did not imply that drinking was a key component of social success or acceptance, the success of a personal relationship or social event, or that refusal was a sign of weakness. The ad was therefore not in breach of CAP and BCAP Code rules on social responsibility and alcohol. To read the ASA Adjudication on Diageo Great Britain Ltd (28 January 2015) in full, click here.
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