Use of Controlled Premium Rate Services
1st January 2018 to 31st December 2018
The broadcast licences held by ITV Broadcasting Limited, ITV2 Limited, ITV Digital Channels Limited, Channel Television Limited and ITV Breakfast Broadcasting Limited ("ITV" or the "Licensee") include the following obligations:
(1) The Licensee shall be responsible for all arrangements for the management of communication, including telephony, between members of the public and the Licensee or the Licensee's contractors or agents (together here described as "the Licensee") where such communication is publicised in programmes. 'Communication includes, but is not limited to, methods of communication in which consideration is passed between a member of the public and the Licensee directly or indirectly and methods of communication intended to allow members of the public to register with the Licensee indications of preference or intended to allow entry to any competition, game or scheme operated by the Licensee.
(2a) Arrangements for the management of methods of communication publicised in programmes and intended to allow communication between members of the public and the Licensee must ensure, in particular, that:
(i) Reasonable skill and care is exercised by the Licensee in the selection of the means of communication and in the handling of communications received;
(ii) Voting, competitions, games or similar schemes are conducted in such ways as to provide fair and consistent treatment of all eligible votes and entries; and
(iii) Publicity in programmes for voting, competitions, games or similar schemes is not materially misleading.
(2b) In addition to the requirements in subparagraph 2(a), the Licensee shall ensure that the provisions of the code approved by Ofcom for regulating the provision of premium rate services, or in the absence of such a code, the terms of any order made by Ofcom for such purposes, are observed in the provision of the Licensed Service.
(3a) The Licensee shall implement and maintain appropriate compliance procedures to ensure arrangements for the management of methods of communication publicised in programmes and intended to allow communication between members of the public and the Licensee fulfil all the requirements set out in paragraph 2 above.
(3b) Where the Licensee uses a Controlled Premium Rate Service as defined under the PRS Condition in force at the time made under section 120 of the Communications Act 2003 as the method of communication for voting or competitions publicised within programme time, the Licensee shall ensure that its compliance procedures include a system of verification by an appropriate independent third party ('the third party') in accordance with the following requirements:
(i) Verification shall include confirmation by the third party that an end-to-end analysis of the technical and administrative systems to be used for the receipt and processing of votes and competition entries from members of the public has been conducted and that such systems fulfil all the requirements set out in paragraph 2 above. All such systems and the analysis of such systems must be fully documented;
(ii) Verification shall include appropriately regular reviews by the third party of individual programmes. Such reviews must track all votes or competition entries through all stages from receipt, and the results of each review must be fully documented;
(iii) The Licensee shall ensure that a Director of the Board (or, where there is no Board, an appropriate equivalent) ('the designated Director') has specific responsibility for verification;
(iv) The Licensee shall ensure that the third party provides reports regarding analyses of processes (as specified under subparagraph 3(b(i)) ) and reviews of individual programmes (as specified under subparagraph 3(b(ii)) ) to the designated Director. If significant irregularities or other problems are discovered, the Licensee shall ensure that these are reported forthwith to Ofcom;
(v) The Licensee shall provide forthwith and in an appropriate form any information requested by Ofcom regarding verification;
(vi) The Licensee shall retain for at least two years all relevant data regarding votes and competition entries from callers by means of Controlled Premium Rate Services and all documentation regarding the verification of its systems (as specified under subparagraph 3(b(i)) ) and the reviews of individual programmes (as specified under subparagraph 3(b(ii)) ); and
(vii) The Licensee shall publish annually a statement signed by the designated Director confirming that he is satisfied that the Licensee has in place suitable procedures to fulfil the requirements of paragraph 3(b) and confirming the name of the third party engaged by the Licensee to fulfil the requirements of paragraph 3(b).
Designated Director's Statement
As a director of ITV Broadcasting Limited, ITV 2 Limited, ITV Digital Channels Limited, Channel Television Limited and ITV Breakfast Broadcasting Limited, I confirm that:
ITV has engaged Deloitte LLP as the appropriate independent third party to provide the verification services set out in paragraph 3\(b\) above. ITV has determined that a report that provides reasonable assurance in accordance with international Standard on Assurance Engagements 3000 is the most appropriate for ITV to comply with the requirements of paragraph 3\(b\(iv\)\) of the Ofcom licence variation as set out above; and I am satisfied that ITV has in place suitable procedures to fulfil the requirements of paragraph 3\(b\) of the Ofcom licence variation.
Signed by: Kyla Mullins
Kyla Mullins as designated Director for ITV Broadcasting Limited, ITV2 Limited, ITV Digital Channels Limited, Channel Television Limited and ITV Breakfast Broadcasting Limited.