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May 12, 2014
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Introduction
This week, amongst other things, we report on the High Court’s refusal to reinstate the War Horse musicians pending the trial of their contract claim against the National Theatre. We also report on the Court of Justice of the European Union’s finding that Member States can monitor whether companies that supply electronic communications services in their territory, but which are established in another Member State, are complying with consumer protection rules. The update also includes several interesting Ofcom decisions from its Broadcast Bulletin, including the decision to dismiss a complaint against Channel 4 News because the terrorist views expressed in its Al Shabaab training camp report were well challenged and placed in the appropriate context. We also report on three recent Opinions from the Article 29 Data Protection Working Party on: the surveillance of electronic communications for intelligence and national security purposes (following the Edward Snowden revelations); the legitimate interests of the data controller; and anonymisation techniques on the internet. On gambling and betting, we report on CAP’s and ASA’s announcement that they will be reviewing the gambling rules, as well as the fact that the Gambling Commission has published further changes to its Licence Conditions and Codes of Practice, which apply to all licensed gambling operators and which must be complied with by 1 August 2014. The Football Association has also proposed a blanket worldwide betting ban for participants at Step 4 (i.e. League Division One) and above of the English league system.
High Court finds delay amounted to material breach of contract.
PhonepayPlus publishes update to prior permission regime for information, connection and/or signposting services (ICSS).
Ofcom publishes spectrum blueprint for next decade to meet growing demands for wireless services.
Ofcom publishes consultation on mobile coverage enhancers and their use in licensed spectrum.
Article 29 Data Protection Working Party publishes Opinion on surveillance of electronic communications for intelligence and national security purposes.
Article 29 Data Protection Working Party publishes Opinion on notion of legitimate interests of data controller under Article 7 of Data Protection Directive (95/46/EC).
Article 29 Data Protection Working Party publishes Opinion on anonymisation techniques on the internet.
Court of Justice of European Union finds Member States can monitor whether companies that supply electronic communications services in their territory, but are established in another Member State, are complying with consumer protection rules.
Ofcom to commence targeted monitoring exercise on compliance of consumer advice programmes.
Television services which broadcast religious programmes to be subjected to targeted monitoring by Ofcom.
Ofcom dismisses complaint against Channel 4 News Al Shabaab training camp report because terrorist views were challenged and placed in appropriate context.
Ofcom publishes first report on quality of live TV subtitles provided by broadcasters in the UK.
High Court refuses to reinstate War Horse musicians pending trial of contract claim against National Theatre.
ASA censures press ad which drew on the death of Philip Seymour Hoffman to promote Alain de Botton’s new book, The News: A User’s Manual.
Football Association proposes blanket worldwide betting ban.
Committee of Advertising Practice and Advertising Standards Authority announce review of gambling rules.
Local authorities to be given more power to control number of betting shops opening in their area.
Gambling Commission publishes further changes to Licence Conditions and Codes of Practice (LCCP) that apply to licensed gambling operators.
Ofcom publishes consultation on renewing its broadcast advertising co-regulatory arrangements with Advertising Standards Authority.
High Court finds delay amounted to material breach of contract.
In a judgment that was handed down last December, but has only recently become available, the court found that the defendant contractor’s failure to provide a revised programme of works amounted to a material breach of contract.
Further, the court found that the contractor did not proceed “regularly and diligently” such that the claimant Vivergo had grounds to terminate the contract on notice. The court, however, also found that the contractor’s breach was not repudiatory and that, when put on notice, it had diligently pursued rectification of the default in accordance with the terms of the contract. As a result, Vivergo was itself in repudiatory breach when it terminated the agreement and barred the contractor from the worksite.
The decision demonstrates the court’s reluctance to allow a party to walk away from a contract on account of the other party’s delay, the importance of adhering strictly to the contractual process when exercising a right to terminate, and the dangers of asserting that a breach is repudiatory. (Vivergo Fuels Ltd v Redhall Engineering Solutions Ltd [2013] EWHC 4030 (TCC) (16 December 2013) – to read the judgment in full, click here).
PhonepayPlus publishes update to prior permission regime for information, connection and/or signposting services (ICSS).
PhonepayPlus consulted on a prior permission regime for ICSS and gave its Final Statement following consultation on 31 July 2013.
The prior permission regime was temporarily suspended pending resolution of a legal challenge. At the same time the regulator reaffirmed its expectations under the PhonepayPlus Code of Practice and ICSS providers were encouraged to voluntarily implement the conditions set out in the prior permission notice dated 31 July 2013, so as to also comply with the Code.
Following the resolution of this challenge, amendments to four conditions of the regime have been agreed. These amendments and details of the action required by ICSS providers are contained in the full update, which is available here.
Ofcom publishes spectrum blueprint for next decade to meet growing demands for wireless services.
The Spectrum Management Strategy sets out Ofcom’s strategic approach and priorities for managing radio spectrum, which underpins all wireless services.
Ofcom has also published its approach to spectrum sharing to promote further innovation and efficient use. Ofcom is already supporting trials of “white space” technology, which allows spectrum sharing and which can be used in a wide range of fields.
As the intensity of spectrum use increases, with greater levels of sharing between different uses, managing the co-existence between services will become more important, Ofcom says. It plans to meet this challenge by:
- exploring opportunities for new types of spectrum sharing;
- managing the co-existence of different services and promoting technology improvements that minimise interference;
- providing more information on how spectrum is used in the UK. As part of this, Ofcom has also published an interactive spectrum map providing easy-to-access details on how different frequencies are used in the UK; and
- leading discussions on international spectrum issues.
Ofcom has also identified six priority areas that need to be considered in respect of future spectrum use:
- future mobile data demands: Ofcom will examine in detail the case for using more spectrum for mobile data, support improvements in mobile coverage and monitor developments towards 5G technology;
- the future of the 700MHz band and free-to-view TV: Ofcom is investigating the potential to rearrange the bands used for digital terrestrial TV. This could release more prime spectrum for mobile broadband use sometime after 2018, while ensuring that viewers would continue to benefit from digital terrestrial TV;
- public sector spectrum release: Ofcom says it will support the Government in achieving its target to release 500 MHz of spectrum from the public sector. A first step will be the release of spectrum at 2.3 and 3.4 GHz, currently held by the Ministry of Defence;
- programme making and special events: Ofcom is working with PMSE stakeholders to understand their current and future spectrum demands for wireless microphones and cameras;
- machine-to-machine applications: Ofcom says it has started work to understand the implications of the expected growth in M2M. Enabling licence exempt access to the 870-915 MHz band is a first step towards ensuring spectrum availability to support innovation in this area; and
- the emergency services: Ofcom says it will support the Government in assessing how best to deliver the wireless communications needs of the emergency services over the long term.
Ofcom has also identified three key areas where spectrum sharing can play an important role:
- for indoor use: by continuing to provide high speed wireless network connectivity to ensure that consumers can fully benefit from the increasing availability of superfast broadband;
- for outdoor use: by increasing the supply of spectrum for use by a growing number of small mobile broadband cells, which are being deployed to help meet the growth in demand for mobile data capacity driven by the increasing use of smartphones and tablets; and
- for the Internet of Things use: by helping provide the spectrum needed to support growth and innovation in this emerging sector, which Ofcom says is set to see hundreds of millions of devices become wirelessly interconnected by the end of the decade.
To read Ofcom’s press release in full and for links to the Spectrum Management Strategy and Statement on Spectrum Sharing, click here.
Ofcom publishes consultation on mobile coverage enhancers and their use in licensed spectrum.
Ofcom says that improving mobile coverage is an important area of its work, as highlighted in its 2014/15 Annual Plan. So, too, is ensuring that apparatus is used in accordance with the law.
As part of this work, Ofcom says that it wants to develop a better understanding of the role end-user mobile coverage enhancers could play in improving indoor mobile coverage. Such solutions could sit alongside others such as femtocells and smart repeaters.
Ofcom is seeking to establish whether end-user repeaters with certain characteristics or used in certain circumstances might provide enhanced coverage solutions for consumers. This would have to be achieved without causing interference or other relevant adverse effects to mobile networks and/or other mobile users.
Ofcom intends to use the responses to this call for input to inform its future approach towards any use of self-installed mobile repeaters. This includes whether Ofcom should consider making changes that would permit the use of such repeaters under a licence exemption and any conditions that should be attached. The closing date for responses is 6 August 2014. For a link to the consultation documentation, click here.
Article 29 Data Protection Working Party publishes Opinion on surveillance of electronic communications for intelligence and national security purposes.
The Opinion has been published as a result of the recent revelations made by Edward Snowden regarding the surveillance activities carried out by intelligence services, both in the United States and in the European Union.
The Working Party concludes in its Opinion that secret, massive and indiscriminate surveillance programs are incompatible with fundamental laws and cannot be justified by the fight against terrorism or other important threats to national security. Restrictions to the fundamental rights of all citizens can only be accepted if the measure is strictly necessary and proportionate in a democratic society.
The Working Party recommends various measures in order for the rule of law to be guaranteed and respected:
- more transparency on how surveillance programmes work. The Working Party intends to organise a conference on surveillance in the second half of 2014 bringing together all relevant stakeholders;
- more meaningful oversight of surveillance activities by data protection authorities;
- enforce the existing obligations of EU Member States and of parties to the ECHR to protect the rights of respect for private life and to protection of personal data;
- Safe Harbour, Standard Contractual Clauses, or BCRs should never be implemented to the detriment of the level of protection guaranteed by EU rules and instruments governing transfers, as they cannot serve as a legal basis to justify the transfer of personal data to a third country authority for the purpose of massive and indiscriminate surveillance;
- EU institutions to finalise the negotiations on the data protection reform package;
- clarification of the scope of the national security exemption in order to give legal certainty regarding the application of EU law. To date, no clear definition of the concept of national security has been adopted by the European legislator, nor is the case law of the European courts conclusive; and
- the quick start of negotiations on an international agreement to grant adequate data protection safeguards to individuals when intelligence activities are carried out. The Working Party also supports the development of a global instrument providing for enforceable, high level privacy and data protection principles.
For a link to the Opinion in full, click here.
Article 29 Data Protection Working Party publishes Opinion on notion of legitimate interests of data controller under Article 7 of Data Protection Directive (95/46/EC).
This Opinion analyses the criteria set down in Article 7 of the Data Protection Directive for making data processing legitimate. Focusing on the legitimate interests of the controller, it provides guidance on how to apply Article 7(f) under the current legal framework and makes recommendations for future improvements.
Article 7(f) requires a balancing of the legitimate interests of the controller, or any third parties to whom the data is disclosed, against the interests or fundamental rights of the data subject. The outcome of this balancing test will determine whether Article 7(f) may be relied upon as a legal ground for processing.
The Working Party says that Article 7(f) should not be treated as “a last resort” for rare or unexpected situations where other grounds for legitimate processing are deemed not to apply. It should not be automatically chosen, or its use unduly extended, on the basis of a perception that it is less constraining than the other grounds.
The Opinion states that the balancing exercise requires full consideration of a number of factors so as to ensure that the interests and fundamental rights of data subjects are duly taken into account, including:
- the nature and source of the legitimate interest and whether the data processing is necessary for the exercise of a fundamental right, is otherwise in the public interest, or benefits from recognition in the community concerned;
- the impact on the data subject and their reasonable expectations about what will happen to their data, as well as the nature of the data and how it is processed; and
- additional safeguards which could limit undue impact on the data subject, such as data minimisation, privacy-enhancing technologies, increased transparency, general and unconditional right to opt-out, and data portability.
The Working Party recommends implementing a Recital to the proposed Data Protection Regulation on the key factors to consider when applying the balancing test. It also recommends that a Recital be added requiring the controller, when appropriate, to document its assessment in the interests of greater accountability. Finally, the Working Party says it would also support a substantive provision for controllers to explain to data subjects why they believe their interests would not be overridden by the data subject’s interests, fundamental rights and freedoms. For a link to the Opinion in full, click here.
Article 29 Data Protection Working Party publishes Opinion on anonymisation techniques on the internet.
The Opinion analyses the effectiveness and limits of existing anonymisation techniques against the EU legal background of data protection and provides recommendations to handle these techniques by taking account of the residual risk of identification inherent in each of them.
In the light of the Data Protection Directive 95/46/EC and other relevant EU legal instruments, anonymisation results from processing personal data in order to irreversibly prevent identification. In doing so, the Opinion states, several elements should be taken into account by data controllers, having regard to all the means “likely reasonably” to be used for identification (either by the controller or by any third party).
Anonymisation constitutes a further processing of personal data and, as such, it must satisfy the requirement of compatibility by having regard to the legal grounds and circumstances of the further processing. Additionally, anonymised data does indeed fall outside the scope of data protection legislation, but data subjects may still be entitled to protection under other provisions (such as those protecting confidentiality of communications).
The main anonymisation techniques, namely randomisation and generalisation, are described in the Opinion. In particular, the opinion discusses noise addition, permutation, differential privacy, aggregation, k-anonymity, l-diversity and t-closeness. It explains their principles, their strengths and weaknesses, as well as the common mistakes and failures related to the use of each technique.
The Opinion discusses the robustness of each technique based on three criteria:
(i) is it still possible to single out an individual;
(ii) is it still possible to link records relating to an individual; and
(iii) can information be inferred concerning an individual?
Pseudonymisation is also addressed to clarify some pitfalls and misconceptions.
The Opinion concludes that anonymisation techniques can provide privacy guarantees and may be used to generate efficient anonymisation processes, but only if their application is engineered appropriately. For a link to the Opinion in full, click here.
Court of Justice of European Union finds Member States can monitor whether companies that supply electronic communications services in their territory, but are established in another Member State, are complying with consumer protection rules.
The CJEU has found that the conditional access broadcasting service supplied by Luxembourg-based UPC DTH to recipients in Hungary via satellite, for consideration, did indeed amount to an “electronic communications service” pursuant to Article 2(c) of the Framework Directive (2002/21/EC) and not a “conditional access system” under Article 2(f) of the same Directive.
As such, the CJEU found that Hungary had, by virtue of the Authorisation Directive (2002/20/EC), regulatory competence over the service and, notwithstanding the application of the principle of freedom to provide services under Article 56 TFEU, was entitled to bring market surveillance proceedings against UPC and request information from it to verify its compliance with consumer protection rules.
In addition, the CJEU found that the application of Article 56 did not preclude the Hungarian authorities from requiring the service to be registered in Hungary, although it did preclude them from requiring UPC to establish a branch or a legal entity separate from that located in the Member State of transmission. (Case C-475/12 UPC DTH Sàrl v Nemzeti Média- és Hírközlési Hatóság Elnökhelyettese (unreported) 30 April 2014 to access the judgment in full, go to the curia search form, type in the case number and follow the link).
Ofcom to commence targeted monitoring exercise on compliance of consumer advice programmes.
Ofcom has issued a Note to Broadcasters that, as a result of continuing concerns about the compliance of consumer advice programmes with the requirements of the Broadcasting Code, it is commencing a targeted monitoring exercise. Broadcasters are put on notice that any serious or repeated failings in this area are likely to result in Ofcom taking further regulatory action, for example, the consideration of the imposition of statutory sanctions.
Broadcasters are reminded that with the exception of sponsorship credits, any reference to a sponsor that appears in a sponsored programme as a result of a commercial arrangement with the broadcaster, the programme maker or a connected person will be treated as product placement. Such references include, but are not limited to, the sponsor’s products, services, trade marks, interests or employees. In addition broadcasters should note that the Code explicitly prohibits product placement in consumer advice programmes which are produced under UK jurisdiction. To read the Note to Broadcasters: Targeted monitoring exercise: consumer advice programmes published in Issue 253 of the Broadcast Bulletin (6 May 2014), click here.
Television services which broadcast religious programmes to be subjected to targeted monitoring by Ofcom.
Ofcom has issued a Note to Broadcasters informing them that it is conducting a targeted monitoring exercise of television services that broadcast religious programmes.
Recent sanctions and investigations by Ofcom into religious programming have highlighted concerns around the compliance of religious content with the Broadcasting Code. Broadcasters are put on notice that any serious or repeated failings in this area will result in Ofcom taking further regulatory action, for example, the consideration of the imposition of statutory sanctions. To read the Note, published in Issue 253 of the Broadcast Bulletin (6 May 2014), click here.
Ofcom dismisses complaint against Channel 4 News Al Shabaab training camp report because terrorist views were challenged and placed in appropriate context.
Three complainants contended that the broadcasting of a report on Al Shabaab included in this pre-watershed edition of Channel 4 New was irresponsible and amounted to a recruiting video for the Somali-based terrorist group responsible for the Westgate Shopping Mall attack in Nairobi. In particular, complainants objected to an interview with an Al Shabaab spokesman, Sheikh Ali Dhere, included in the report, in which complainants alleged he had invited UK Muslims to join Al Shabaab.
Ofcom considered that Sheikh Ali Dhere’s reference to “young Muslims in Britain” was placed clearly in context by balanced content that would have served to emphasise the negative ramifications of Al Shabaab’s philosophy and actions. Therefore, Ofcom did not consider that the report was likely to encourage or incite the commission of crime or lead to disorder or that the programme was in breach of rule 3.1 of the Broadcasting Code.
Ofcom considered that there was sufficient context to justify any potential offence caused in particular by Sheikh Ali Dhere’s views because viewers were alerted to the potentially offensive nature of the report, the spokesman was directly challenged and interviews with various experts gave important information as to the extent of Al Shabaab’s diminished presence in Somalia and the international community’s moves to counter the group. As such, rule 2.3 was not breached.
Equally, the programme was not in breach of rule 1.3 because Ofcom did not consider that the report, which did not include any graphic detail or depictions of violence, was unsuitable for children. In addition, Ofcom considered that the content would have been in line with the likely expectations of the audience for this programme on this channel, and that the warnings would have given appropriate information to the audience to help protect children. To read Ofcom’s adjudication on Channel 4 News, published in Issue 253 of the Broadcast Bulletin (6 May 2014), click here.
Ofcom publishes first report on quality of live TV subtitles provided by broadcasters in the UK.
Subtitles are used by over a million people with hearing impairments to watch TV. Addressing concerns from viewers, Ofcom last year required broadcasters to start reporting on the quality of live subtitles to identify areas for improvement.
Ofcom’s first report samples the accuracy, speed and latency – the delay between speech and the corresponding subtitle appearing – of live TV subtitles. It is the first of four reports on live subtitling Ofcom is producing over a two-year period. To read Ofcom’s press release in full and for a link to the report, click here.
High Court refuses to reinstate War Horse musicians pending trial of contract claim against National Theatre.
While Cranston J ruled that the musicians had a strong prospect at trial of showing that the National Theatre was in breach of contract when it terminated their engagement on the West End production of War Horse, he considered it was not appropriate to grant interim relief.
The claimants were professional musicians supported by the Musician’s Union. They were engaged in March 2009 for the National Theatre’s production of War Horse at the New London Theatre.
In December 2012 the National Theatre informed the Musician’s Union that it proposed to terminate the claimants’ contracts in March 2013 and move to recorded music. The MU evoked the conciliation process under the collective agreement between the Society of London Theatres and itself (the SOLT/MU agreement). The Conciliation Board decided unanimously that the National Theatre would be in breach of the SOLT/MU agreement if it terminated the claimants’ contracts.
From March 2013 the claimants’ roles were reduced to play in one short scene. On 4 March 2014, however, the National Theatre sent the claimants letters giving notice of termination of their contracts to expire on 15 March 2014, citing redundancy. On 15 March 2014 the claimants affirmed their contracts, but when they attended the New London Theatre to perform they were turned away.
The claimants applied to the court for an interim injunction, or alternatively specific performance, to require the National Theatre to reinstate them in the production of War Horse until trial.
Cranston J was clear that there was a serious issue to be tried on the question of whether the National Theatre was contractually entitled to terminate the claimants’ contracts. The claimants were engaged under standard form National Theatre contracts based on terms drawn up by the Society of London Theatres and the MU and used by musicians engaged to perform in West End productions. The contract incorporated provisions from the SOLT/MU agreement. On a plain reading, the contract did not cover what the National Theatre had done in this case. Under clause 2, after what was effectively a six months’ probationary period, the contract was terminable only on the claimants giving notice or the National Theatre giving notice that it would be closing the production. Thus, the National Theatre had no power under the contracts to give the claimants the notice it had done in its letters of 4 March 2014. The judge rejected the National Theatre’s argument that a term should be implied into the contracts conferring on it the power to give notice of termination in the event of a creative decision, such as dispensing with the live orchestra. In Cranston J’s view, if the parties had wanted a termination provision in the event of creative decisions as to staging the play, “it would have been an easy enough task to include it”. There was a serious issue to be tried, and the judge considered that the claimants’ prospects at trial for breach of contract were strong.
Nonetheless, Cranston J was not prepared to grant the relief sought. On the authorities he held that it would be inappropriate for the court to enforce a contract by specific performance or analogous injunction in the current circumstances. There was clearly an absence of personal confidence on the part of the National Theatre in the sense that the producers and directors of War Horse did not believe that the musicians could contribute positively to the play. The judge was also doubtful about the claimants’ assertion that they could easily be integrated into the play and that all that they would need were limited rehearsals. Additionally, the effect of the order sought would be to interfere with the National Theatre’s right of artistic freedom. Finally, even if the claimants did have a real prospect of obtaining such relief, Cranston J was satisfied that damages would be an adequate remedy to cover the loss sustained as a result of the musicians’ exclusion from the play between now and trial in two to three months’ time. (Ashworth v The Royal National Theatre [2014] EWHC 1176 (QB) (15 April 2014) – to read the full judgment click here).
ASA censures press ad which drew on the death of Philip Seymour Hoffman to promote Alain de Botton’s new book, The News: A User’s Manual.
A regional press ad for a book release featured the heading “Philip Seymour Hoffman’s drug overdose eclipses interest in sculpture trail” and some “gritty details of his demise”. Further text included “Why are you more concerned about an actor’s death than an arts project that will transform your city’s cultural life? Find out in Alain de Botton’s new book, The News: A User’s Manual, because the better you understand your obsession with celebrity, the better you understand yourself”.
Following complaints that the ad was offensive because it used the recent death of Philip Seymour Hoffman to promote the advertiser’s book, the ASA noted that the ad was published the day after the actor had died and included a number of details regarding the circumstances surrounding his death. Although it acknowledged that the ad to some extent reflected the nature of the advertised product, the ASA considered that reporting the actor’s death in such a manner and in such detail in order to sell a book on modern culture was likely to cause serious offence to some. As such, the ad breached CAP Code rules 4.1 and 4.3 (Harm and offence). To read ASA Adjudication on Hamish Hamilton Ltd (30 April 2014), click here.
Football Association proposes blanket worldwide betting ban.
The FA has proposed that from next season, participants at Step 4 (i.e. League Division One) and above of the English league system will be banned from betting, either directly or indirectly, on any football match or competition anywhere in the world.
The changes to FA Rules from the start of the 2014-15 season would also see a worldwide prohibition on betting on any other football-related matter, for example, the transfer of players, employment of managers or team selection. The passing of inside information to somebody that uses the information for betting remains prohibited.
The proposal follows consultation with the Premier League, Football League, Professional Footballers’ Association, League Managers’ Association and Football Conference.
Currently, FA Rules state that no participant can bet on a match or competition in which they are involved that season, or which they can influence, or any other football-related matter concerning the league that they play in. They are also prohibited from using or passing inside information for betting.
Essentially, the proposed rule changes would see the current prohibitions retained for participants below Step 4 of the National League System and would extend the ban for participants at Step 4 and above to football matches worldwide.
The current proposal received a unanimous recommendation by The FA Council and The Football Regulatory Authority in March 2014, but the changes would need to be agreed by the FA’s shareholders at their AGM on 21 May 2014 before coming into force. To read the FA’s press release in full, click here.
Committee of Advertising Practice and Advertising Standards Authority announce review of gambling rules.
CAP is reviewing the latest evidence underpinning the gambling rules to ensure that consumers continue to be properly protected.
CAP says that, following the implementation of the Gambling Act in 2007, the public now sees more gambling advertising than it had done previously. The Act removed restrictions that had previously prohibited most betting and gaming services from advertising.
As the amount of ads has increased, so has the number of complaints to the ASA. Moreover, as technology evolves, consumers are accessing gambling products in new and different ways such as online and via mobile devices. CAP says it is therefore “timely to launch a review”.
Alongside CAP’s work, the ASA is reviewing its enforcement of the gambling rules.
CAP says that it is “liaising closely with key stakeholders” to make sure that the most appropriate evidence is included in the review, but it is not, at this stage, calling for submissions of evidence or views. For a link to the review’s Terms of Reference, click here.
Local authorities to be given more power to control number of betting shops opening in their area.
Gambling firms that want to open new shops will have to submit a planning application and local councils will be able to refuse applications and stop new betting shops opening in their area, under new Government plans. These changes will, the Government says, give local communities a voice in deciding whether they want another shop opening and support a broader package of “common sense measures” to “enhance and rejuvenate” the UK’s high streets.
In the current system, a betting shop is in the same category as a bank or estate agent and can open without the need for a planning application when a premises becomes vacant. The changes to the use classes will mean that local councils can scrutinise the applications and refuse them where there are grounds to do so.
On top of the planning changes the Government is seeking a step change from the industry to put measures to protect players at the heart of their businesses and is looking at controls on gambling advertising. These include:
- requiring betting firms to show how they are complying with social responsibility codes when they apply for a license;
- ensuring that controls on gambling advertising provide enough protection, especially to children and the vulnerable; and
- working with industry to explore how a “Think 25” initiative could help prevent under age access to gambling.
The Government has also set out plans for improved player protection measures on Fixed Odds Betting Terminals (FOBTs). New measures include:
▪ requiring FOBT customers who want to bet over £50 in one play to pay over the counter before they can begin to play meaning that they have to interact with staff;
▪ changing the rules so that at the start of play machine users must be presented with a choice to set limits on how much they want to spend and how long they want to play for;
▪ requiring larger operators to offer customer accounts and encourage take up so that players can track and monitor their spend via statements;
▪ provide regular warning messages and pauses in play to encourage players to be more aware of their gambling; and
▪ strengthening the voluntary self-exclusion system so that players can make a single request to be banned from betting shops on a wider basis.
To read the Government’s press release in full, click here.
Gambling Commission publishes further changes to Licence Conditions and Codes of Practice (LCCP) that apply to licensed gambling operators.
The changes, which take effect on 1 August 2014, relate to improvements on the display of licensed status for gambling websites, notification of suspicious activity report unique reference numbers, controls on the use of payment processors, and requirements for greater transparency on the risks to customer funds.
In addition to these changes:
- there will be a further review to strengthen those licence conditions and codes and associated technical standards relating to responsible gambling;
- the Commission will release information on the testing strategy for compliance with its remote gambling and software technical standards later this month. This will include, for example, changes to allow for the transition of games currently offered in the British market by those presently licensed overseas; and
- the Commission will be consulting on an updated and slightly expanded edition of its Statement of Principles, which sets the framework within which the Commission works.
For further information, click here.
Ofcom publishes consultation on renewing its broadcast advertising co-regulatory arrangements with Advertising Standards Authority.
Under the Communications Act 2003, Ofcom has a duty to set broadcast standards in advertising and to prevent the inclusion of advertising in licensed services that may be misleading, harmful or offensive.
In 2004, Ofcom contracted out certain functions relating to the regulation of broadcast advertising content under co-regulatory arrangements with the ASA. Those arrangements expire later this year.
Ofcom now proposes to renew the existing arrangements with minor changes for a further ten-year period. The basis for possible renewal is set out in a letter to Lord Smith, Chairman of the ASA.
Ofcom invites comments on its proposal to renew the existing co-regulatory arrangements and says it is keen to hear from all interested parties. Comments should be submitted by 17:00 on Friday 30 May 2014. For a link to the consultation documentation, click here.
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