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Telecommunications Law and Regulation$
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Ian Walden

Print publication date: 2018

Print ISBN-13: 9780198807414

Published to Oxford Scholarship Online: March 2021

DOI: 10.1093/oso/9780198807414.001.0001

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The Impact of Broadcast Regulation on Telecommunications

(p.683) 14 Convergence
Telecommunications Law and Regulation

Daithí Mac Síthigh

Oxford University Press

The purpose of this chapter is to explain, in the context of telecommunications law and regulation, the regulation by EU and UK law of audiovisual and radio media services. Overarching principles are found in the Audiovisual Media Services Directive, which takes an approach described as technologically neutral, but established two top-level categories of regulation, for television (or linear) services and on-demand (or non-linear) services. In the case of television services, a wide range of standalone works and comprehensive Sections or chapters on the regulation of broadcasting are available. As such, the focus here (with a view to the interests of readers) is on licensing of content and multiplex services by Ofcom and the handling of complaints about those services, with a bias towards the standard licences for services on cable, satellite, internet, and digital terrestrial platforms, and the regulation of DTT multiplexes and of on-demand services, as opposed to detailed description of the BBC and the commercial public service broadcasters. Indeed, the European Court of Human Rights has regularly found that the regulation of communications infrastructure can have a real impact on the receiving and imparting of information.

Keywords:   ASA and associated bodies, AVMSD requirements, AVMSD, British Broadcasting Corporation , Broadcasting Code, DTPS and DTAS, ITV, Scope Guidance, TLCSs, Television without Frontiers, VOD advertising

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