Brian Butterworth wrote:
The published document is here:
http://www.ofcom.org.uk/consult/condocs/content_mngt/statement/statement.pdf
Section 2.18
"Ofcom is mindful that it does not have a power to include conditions in
the Multiplex B licence relating to content management per se. Ofcom may
only include those conditions specified in the 1996 Act and those it
considers appropriate, taking into account its duties in the
Broadcasting Act 1990, the 1996 Act and the 2003 Act.
None of those duties relates to the ability of viewers to deal with
content once broadcast. Nor do they relate to the markets for receivers.
In those circumstances, Ofcom could not impose a condition requiring
content management nor could it expressly restrict the ability of a
multiplex operator to implement content management."
Nor can Ofcom explicitly give consent, as it is clearly ouside it remit,
especially when such consent would breach the EU Law, that Public
Service Television has to be broadcast unencrypted.
There appears to be no evidence that Ofcom or the BBC are acting within
the law.
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