Nick Reynolds-FM&T wrote:
I'm not a lawyer so I can't answer
I am not a lawyer either, we shouldn't have to say it but:
(from memory)
1. As a recipient of public money, the BBC can not discriminate against
suppliers (requiring content control).
2. The BBC is subject to Public Service Obligations, and therefore must
reach as wider range of the public as possible (not encrypting the EPG).
4. The BBC cannot enter into anti-competitive practices with other
Broadcasters (to require Content Control).
5. The BBC cannot enter into anti-competitive practices with content
distributors (Film Companies).
3. As a public body, the BBC cannot impose content management without a
legal tribunal.
An argument can be made that the BBC is in breach of the (specific)
laws, in any of the event of any of the above, and in all but one case
there is no public value test (strict liability) unlike the
justifications given by Ofcom.
The BBC Management appears to intend to engage in all of the above,
from the Ofcom statement.
http://www.ofcom.org.uk/consult/condocs/content_mngt/statement/statement.pdf
I will have to wait for the BBC to respond, in order to clarify the
issues or appeal to the trust.
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