Ofcom has upheld a decision from VoD regulator Atvod that Viacom is responsible for the editorial of its catch-up services on Virgin Media.

The decision from Ofcom means Viacom will incur costs for the regulation of the services rather than the platform provider.  

MTV, Nickelodeon and Paramount each appealed against an Atvod decision in September that they had editorial control of their on-demand content on Virgin Media. But following an investigation by Ofcom, the Viacom channels were found to be in charge of the services.

Atvod’s chief executive Pete Johnson said no wider ramifications could be drawn from Ofcom’s decision because editorial responsibility varied from case to case.

“This is a complex area and the appeal system is a vital part of  the process, giving service providers, in particular, greater clarity over where regulatory responsibility lies,” he said.

Ofcom is currently deciding whether to uphold Atvod rulings that the BBC Worldwide’s BBC Food and Top Gear channels on Youtube constitute “TV-like” content and should be regulated accordingly.

Atvod has also kicked off a consultation into its fee structure which it hopes to conclude by 1 April. It is proposing either maintaining the current six band system, under which it estimates costs will fall 4% per service, or introducing a flat rate £2800 fee per service system.

A fees system based on audience size is being eyed for 2013 but depends on Atvod’s ability to select a universally agreed measurement provider.   

 

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