Co-Regulation, Video-on-Demand and the Legal Status of Audio-Visual Media

Abstract

Media regulation in the United Kingdom has traditionally seen a division between State regulation (in the case of broadcasting) and self-regulation (in the case of newspapers), both subject to laws of general application. However, co-regulation has emerged as a significant feature of contemporary regulation of the media, particularly in relation to video- on-demand (VOD). This article considers the various stages of consultation and implementation of the European Union’s Audiovisual Media Services Directive (AVMSD) in the United Kingdom. A proposal for a new approach to categorizing and analysing relevant statutory provisions and regulatory arrangements that pertain to audio-visual media including VOD is made. Other issues are explored, including methods of regulation, technological and organizational developments in the media industries, and the impact on community media and the film industry. It is argued that the AVMSD did not resolve all issues in relation to the scope of regulation, and that even the most recent developments in the launch of co-regulation highlight the diverse forms of media regulation now in force.

Keywords: Video-on-Demand, Regulation, European Union, Ofcom, Audiovisual Media, Broadcasting

JEL Classification: K23, L82, L86, O38