Business operators lose problem over Ofcom approval of BBC Radio 1 Dance
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ommercial radio operators have misplaced a High Court problem towards Ofcom’s dealing with of the launch of the BBC’s Radio 1 Dance (R1D) music stream.
Radiocentre Ltd, the trade physique for industrial radio, introduced authorized motion towards the UK media regulator over its approval of the online-only stream with out requiring the BBC to hold out a “public interest test” (PIT).
Under guidelines agreed between the BBC and the Government, the broadcaster should conduct a PIT at any time when it proposes making a “material change” to the “UK Public Services” (UKPS).
Lawyers for Radiocentre advised a listening to in London in November final yr that its case centred on whether or not Ofcom had acted “irrationally” by concluding R1D was not a brand new UKPS as a result of it was not broadcast on “digital audio broadcasting” (DAB) over typical radio channels.
I feel the reply is clear that R1D was not a brand new UKPS as a result of it’s a web based service solely, and never a radio service
Ofcom and the BBC’s authorized groups opposed the authorized problem, arguing that launching R1D in October 2020, accessible via the BBC Sounds platform, was not a “material change” to the UKPS nor a brand new UKPS because it falls throughout the current “BBC Online” umbrella.
In a ruling on Thursday, Mr Justice Julian Knowles dismissed Radiocentre’s case, concluding that “it is plain that R1D falls within BBC Online” and was “obviously an online service”.
“R1D is part of BBC Sounds and thus, it seems to me, cannot be a new UKPS either,” the choose stated.
He added: “I think the answer is obvious that R1D was not a new UKPS because it is an online service only, and not a radio service.”
Lawyers for Radiocentre, which works on behalf of some 50 stakeholders working greater than 300 licensed radio stations throughout the UK, beforehand argued that Ofcom’s R1D stance had “wide implications” for the radio and TV regulatory panorama.
The trade physique’s authorized staff additionally claimed the regulator took a “fundamentally flawed” strategy to the potential aggressive influence to their sector and failed to make sure they had been correctly consulted.
Timothy Otty KC, for Radiocentre, advised final November’s listening to that Ofcom’s place created a regulatory hole and would permit the BBC, an celebration within the case, to launch new providers and not using a necessary PIT requirement if these weren’t broadcast through terrestrial radio or tv.
Mr Otty stated R1D, which has a 24-hour, seven-days-a-week schedule, had options of a “new radio service”, showing on the dial of the BBC Sounds app “indistinguishably” from different radio stations, and challenged the declare it featured no unique content material.
Tristan Jones, representing Ofcom, stated in written arguments that R1D featured “no exclusive content”, had numerous repeats, was not accessible on conventional radios and had a “very small audience”.
He stated Ofcom’s strategy didn’t imply the regulator “would simply sit back and do nothing until competitive harm has been done”.
The regulator and the BBC continued to behave “sensibly and responsibly”, Mr Jones stated, with the regulator additionally having the ability to conduct a “BBC competition review” (BCR) at any time.
Ofcom’s determination that the introduction of the R1D on-line stream to BBC Sounds shouldn’t be a fabric change to BBC Online was effectively throughout the scope of Ofcom’s regulatory judgment
He stated Ofcom had appropriately understood the info round R1D’s launch and that it had enough info to achieve its determination with out requiring additional session with industrial radio.
Monica Carss-Frisk KC, for the BBC, stated in written arguments that the Radiocentre case was “ill-founded” and concerned a “wholesale attack” on the regulatory framework.
“Ofcom’s decision that the introduction of the R1D online stream to BBC Sounds is not a material change to BBC Online was well within the scope of Ofcom’s regulatory judgment,” she stated.
She stated the BBC had knowledgeable Ofcom and the trade of its plans for R1D, a part of a bid to enchantment to “younger and more diverse audiences”, and had “engaged appropriately with stakeholders” regardless of having “no obligation” to seek the advice of with industrial radio.
Mr Justice Julian Knowles stated the broadcaster and Ofcom had beforehand concluded that the launch of BBC Sounds, which collated the broadcaster’s radio, music and podcast output from 2018, was not a brand new UKPS and fell inside BBC Online, with there being no problem to the choices.
The choose stated “online-only offerings which closely resemble traditional broadcast radio or television services can nonetheless fall within BBC Online”.
He didn’t settle for that Ofcom’s determination was “flawed”, including: “Ofcom did not misunderstand the BBC’s plans and committed no error of fact”.
“I am not satisfied there was any procedural unfairness,” the choose stated, discovering that industrial radio had “very many opportunities” to remark or object to a brand new BBC dance stream from early 2020.
A BBC spokesperson stated after the ruling: “We are pleased with the judgment which recognises that the BBC was open about our plans and had engaged appropriately with Ofcom and commercial radio.
“The curated Radio 1 Dance stream was designed to make it easy for new and existing audiences to find and enjoy high quality, distinctive dance content by bringing together Radio 1’s rich slate of existing dance programmes and gives audiences more flexibility to listen to their favourite BBC content.”