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13 September 2007 / Helen Hart , Beverley Flynn
Issue: 7288 / Categories: Features , Media
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Ringing in changes?

Beverley Flynn and Helen Hart examine the recent premium phone-in competition débâcle

Television programmes which run phone-ins—often using premium rate numbers—for the audience to participate in have come under the spotlight recently. Audience participation can include the opportunity to enter a competition, to vote or donate to a charity.

REGULATORY FRAMEWORK

The current regulatory regime for communications in the UK is primarily contained in the Communications Act 2003 (CA 2003) and the Broadcasting Act 1996 (as amended), which implements a series of EU Directives. The sector is regulated by the Office of Communications (Ofcom).
CA 2003, s 319 requires Ofcom to set standards for the content of television/radio programmes. Its objectives must be to:
- protect under 18s;
- apply generally accepted standards to the contents of TV services; and
- provide adequate protection to the public against the inclusion of offensive and harmful material.

These objectives are contained in the Broadcasting Code issued by Ofcom which applies to broadcasters—although special rules apply in certain cases to the BBC.
Failure to comply with the Broadcasting Code

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NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
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