On 25/06/07, Tom Loosemore <[EMAIL PROTECTED]> wrote:
OFCOM has no regulatory power over the BBC other than certain kinds of
taste and decency of non-internet broadcasting.
Are you sure? The communications act 2003 [1] grants them the power to:
(c) power to institute and carry on criminal proceedings in England and Wales or
Northern Ireland for an offence relating to a matter in relation to which they
have
functions;
http://www.opsi.gov.uk/acts/acts2003/30021--b.htm
And there duties (defined in the same act) include:
(1) It shall be the principal duty of OFCOM, in carrying out their functions-
(a) to further the interests of citizens in relation to communications
matters; and
(b) to further the interests of consumers in relevant markets, where
appropriate
by promoting competition.
http://www.opsi.gov.uk/acts/acts2003/30021--b.htm
Notice the promoting competition bit.
The Act also states:
(5) In performing their duty under this section of furthering the interests of
consumers,
OFCOM must have regard, in particular, to the interests of those consumers in
respect
of choice, price, quality of service and value for money.
http://www.opsi.gov.uk/acts/acts2003/30021--b.htm
Notice how choice is listed first. And notice how the BBC have removed
choice. Is it not OFCOM's duty to correct this, so as to further the
interests of consumers, and also further the interests of citizens,
(it's duties as defined by the Act)?
Also of note is the Competition Act 1998 [2], which states:
18. - (1) Subject to section 19, any conduct on the part of one or more
undertakings
which amounts to the abuse of a dominant position in a market is prohibited if
it may
affect trade within the United Kingdom.
(2) Conduct may, in particular, constitute such an abuse if it
consists in-
(a) directly or indirectly imposing unfair purchase or selling
prices or other
unfair trading conditions;
(b) limiting production, markets or technical development to the
prejudice
of consumers;
http://www.opsi.gov.uk/acts/acts1998/80041--c.htm
So OFCOM's duty (under the Communications Act 2003) is to further the
interests of consumers and citizens with respect to the communications
sector. Does the BBC fall within the communications sector, yes it
does. Thus the BBC falls within OFCOM's remit.
And so OFCOM has the power to institute criminal proceeding against
the BBC (under the powers granted in the Communications Act).
All that OFCOM has to do is determine whether the law was broken. In
particular whether the BBC is in a dominant position and if it's
actions affect trade (as defined in the Competition Act 1998).
If that is the case then OFCOM would be the correct people to complain
to as it falls within their remit and they have the required powers to
bring about the necessary legal action.
Does the BBC trust have this legal power?
Also as the letter points out this could cause problems with respect
to an EU ruling. I trust the BBC has made sure it is not itself
violating this ruling or assisting another party to violate or
circumvent an EU ruling?
Andy
[1] http://www.opsi.gov.uk/acts/acts2003/20030021.htm
[2] http://www.opsi.gov.uk/acts/acts1998/19980041.htm
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