Content deleted Content added
Adding local short description: "UK television regulator (2010–2015)", overriding Wikidata description "organization"
m replaced: Chief Executive → chief executive, Government → government
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The ''Audiovisual Media Services Directive 2007'' (2007/65/EU) of the European Union was implemented into [[Law of the United Kingdom|UK law]] through Part 4A of the [[Communications Act 2003]].<ref name=Ofcom_Review>{{cite web|title=Review of the Ofcom Designation of the Authority for Television on Demand|url=http://stakeholders.ofcom.org.uk/binaries/consultations/on-demand/statement/statement.pdf|page=1|publisher=Ofcom|date=15 August 2012|accessdate=21 November 2013}}</ref> The Directive updated the ''Television Without Frontiers Directive 1989'' (89/552/EEC) to cover the extension of traditional television regulation to TV-like VOD.<ref>{{cite web|title=Audiovisual Media Services Directive (AVMSD) What's new?|url=http://ec.europa.eu/avpolicy/reg/avms/index_en.htm|publisher=European Commission|date=4 December 2012|accessdate=21 November 2013}}</ref> This directive was implemented in the UK on 19 December 2009 with regulations amending the Communications Act 2003.<ref>{{cite web|title=History of TVwF – The Television without Frontiers Directive|url=http://ec.europa.eu/avpolicy/reg/history/historytvwf/index_en.htm|publisher=European Commission|date=4 December 2012|accessdate=21 November 2013}}</ref><ref name=Ofcom_Regulation>{{cite web|title=Regulation of TV-like Video on demand (VOD) Services|url=http://stakeholders.ofcom.org.uk/broadcasting/tv/video-on-demand/vod-regulation|publisher=Ofcom Website|date=20 September 2010|accessdate=21 November 2013}}</ref><ref>{{cite web|title=The Audiovisual Media Services Regulations 2009|url=http://www.legislation.gov.uk/uksi/2009/2979/contents/made|publisher=Government of the United Kingdom|accessdate=22 November 2013}}</ref> As a result, Ofcom consulted with the [[Department for Culture, Media and Sport]] about proposals for the creation of a regulator for UK-based VOD.<ref name=Ofcom_Review/>
 
ATVOD, formerly the ''Association for Television On-Demand'', had originally been created as a self-regulatory industry body with the support and encouragement of the Governmentgovernment.<ref name=about/> It was chosen to be Ofcom's co-regulator of UK-based VOD in editorial matters and the [[Advertising Standards Authority (United Kingdom)|Advertising Standards Authority]] was chosen to be Ofcom's co-regulator of UK-based VOD in advertising matters. This arrangement was given legal force when the government issued the ''Audiovisual Media Services Regulations 2010'' which came into force on 18 March 2010.<ref name=Ofcom_Review/><ref name=Ofcom_Regulation/> The Communications Act 2003 was further revised giving ATVOD greater enforcement powers in relation to VOD services.<ref>{{cite web|title=The Audiovisual Media Services Regulations 2010|url=http://www.legislation.gov.uk/uksi/2010/419/regulation/4/made|publisher=Government of the United Kingdom|accessdate=22 November 2013}}</ref><ref name=Sainsbury>{{cite web|title=Determination That The Provider Of 'Sainsbury's Entertainment Video on Demand' Was in Breach of ATVOD's Rules |url=http://www.atvod.co.uk/uploads/files/Rules_14_Determination_Sainsburys_FOR_PUBLICATION.pdf |publisher=The Authority For Video on Demand (ATVOD) |date=10 February 2014 |accessdate=8 April 2014 |url-status=dead |archiveurl=https://web.archive.org/web/20140408213628/http://www.atvod.co.uk/uploads/files/Rules_14_Determination_Sainsburys_FOR_PUBLICATION.pdf |archivedate=8 April 2014 }}</ref> Minimum editorial and advertising standards were drawn up and published.
 
== Regulation ==
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{{see also|Age verification system}}
 
In practice the majority of ATVOD's work consisted of regulating UK websites that hosted videos to ensure that services containing adult content could not be accessed by users under 18. In September 2013 it ran a seminar for small businesses to explain VOD regulations.<ref>{{cite web|title=ATVOD Announces Seminar For Small Businesses |url=http://www.atvod.co.uk/news-consultations/news-consultationsnews/atvod-announces-seminar-for-small-businesses |publisher=ATVOD |date=26 September 2013 |accessdate=13 December 2013 |url-status=dead |archiveurl=https://web.archive.org/web/20131213142356/http://www.atvod.co.uk/news-consultations/news-consultationsnews/atvod-announces-seminar-for-small-businesses |archivedate=13 December 2013 }}</ref> Its Chiefchief Executiveexecutive Peter Johnson said: "Asking visitors to a website to click an 'I am 18' button or enter a date of birth or use a debit card is not sufficient – if they are going to offer explicit sex material they must know that their customers are 18, just as they would in the 'offline' world."<ref name=ATVOD_News_15_November_2013>{{cite web|title=Pornographer Barred From Providing Video on Demand Service |url=http://www.atvod.co.uk/news-consultations/news-consultationsnews/pornographer-barred-from-providing-video-on-demand-service |publisher=ATVOD |date=15 November 2013 |url-status=dead |archiveurl=https://web.archive.org/web/20131203053908/http://www.atvod.co.uk/news-consultations/news-consultationsnews/pornographer-barred-from-providing-video-on-demand-service |archivedate=3 December 2013 }}</ref> ATVOD believed that websites should require the user to supply valid credit card details or other personal information that could be cross-referenced with the electoral roll or another ID database, thus establishing the user's identity.<ref name=BBC_Law/> Credit card age-verification alone was unfeasible since children over the age of fourteen but under eighteen could be added to an adult guarantor's account as an additional cardholder.<ref>{{cite web|title=Don't Criminalise the Selfie Generation|url=http://mylesjackman.com/index.php/my-blog/112-don-t-criminalise-the-selfie-generation|website=Myles Jackman|author=Myles Jackman|accessdate=12 May 2015}}</ref> Failure by commercial websites to obtain proof that the user was over 18 before allowing access to adult content was considered by ATVOD to be a breach of the [[Obscene Publications Act 1959]].<ref name=CityAM>{{cite web|title=UK banks discuss plan to ban payments to video websites|url=http://www.cityam.com/article/1381453618/uk-banks-discuss-plan-ban-payments-video-websites|website=City A.M.|date=11 October 2013}}</ref> Johnson considered it possible that the act restricted the activities of adult websites based outside the UK if their content was downloaded within the UK.<ref>{{cite news|title=The UK's sexist new pornography restrictions aren't just an act of state censorship, but could be the first step towards something even worse|author=Myles Jackman|url=https://www.independent.co.uk/voices/comment/the-uks-sexist-new-pornography-restrictions-arent-just-an-act-of-state-censorship-but-could-be-the-first-step-towards-something-even-worse-9903830.html |archive-url=https://web.archive.org/web/20141204192259/http://www.independent.co.uk/voices/comment/the-uks-sexist-new-pornography-restrictions-arent-just-an-act-of-state-censorship-but-could-be-the-first-step-towards-something-even-worse-9903830.html |archive-date=2014-12-04 |url-access=limited |url-status=live|newspaper=The Independent|date=4 December 2014}}</ref> Johnson also confirmed that in the case of non-pay sites containing user-uploaded material it was the uploader that was legally responsible rather than the service provider.<ref>{{cite web|title=ATVOD names and shames porn sites, boss says cam girls could be prosecuted|url=http://recombu.com/digital/news/atvod-name-and-shame-porn-cam-girls_M12168.html|website=Recombu|date=23 September 2013}}</ref>
 
ATVOD only had the [[jurisdiction]] to take action against websites that were based in the UK. Consequently, in 2013 the regulator proposed the introduction of a new licensing system. Licences would have only been granted to websites that had suitable age checks in place. Unlicensed websites would have had their payments from UK customers blocked.<ref name=BBC_Law>{{cite news|title=Porn site age-check law demanded by media regulator|url=https://www.bbc.co.uk/news/technology-26779639|publisher=BBC News|date=28 March 2014}}</ref> Talks between ATVOD and financial institutions including the [[Payments Council]], the [[British Bankers Association]] and the ''UK Cards Association'' took place in October 2013. Subsequently, ATVOD provided the UK Government and the [[European Commission]] with detailed briefings on policy options.<ref name=ATVOD_News_15_November_2013/><ref>{{cite news|title=Banks to block internet porn sites|url=https://www.telegraph.co.uk/finance/newsbysector/banksandfinance/10322072/Banks-to-block-internet-porn-sites.html|newspaper=The Telegraph|date=19 September 2013}}</ref> In March 2014 ATVOD proposed that legislation should be enacted before the [[2015 United Kingdom general election]], to forbid credit and debit card operators from processing payments from UK customers to unlicensed websites. This was not done, although the opposition [[Labour Party (UK)|Labour Party]] expressed support for such legislation.<ref name=BBC_Law/> The [[ASACP]] described ATVOD's proposed age verification measures as "overbroad" and expressed concern that any consequent legislation could be "overly broad in its definition of adult entertainment content".<ref>{{cite web|title=ASACP Clarifies Stance on ATVOD's Age Verification Initiative|url=http://www.asacp.org/index.php?content=news&item=1097,2014-04-25%20ASACP+Clarifies+Stance+on+ATVOD%EF%BF%BD+s+Age+Verification+Initiative|publisher=The Association of Sites Advocating Child Protection|date=25 April 2014}}</ref> In November 2014 the [[Audiovisual Media Services Regulations 2014]] amended the [[Communications Act 2003]] to set out statutory and legal obligations for media distributors of on-demand content. The regulations defined the content that can legally be distributed under an [[R18 (British Board of Film Classification)|R18 certificate]] and make it a criminal offence to not adequately restrict access to such content to those aged over 18.<ref>{{cite web|title=The Audiovisual Media Services Regulations 2014|url=http://legislation.data.gov.uk/cy/uksi/2014/2916/made/data.htm?wrap=true|date= 4 November 2014|accessdate=24 November 2014|author=Ed Vaizey|publisher=Department for Culture, Media and Sport}}</ref> Further proposals were put forward by the [[Conservative Party (UK)|Conservative Party]] in advance of the 2015 UK general election to give an independent regulator such as ATVOD the legal power to compel internet service providers to block sites which failed to include effective age verification.<ref>{{cite news|title=Tories promise to enforce age limits on online pornography|url=https://www.theguardian.com/politics/2015/apr/04/tories-promise-to-enforce-age-limits-on-online-pornography|newspaper=The Guardian|date=4 April 2015}}</ref>