Decision by Ofcom - International Television Channel Europe Limited (ICTE)

Published date17 December 2015
IssuerOffice of Communications
Sanction 98(15)
1
Sanction Decision
To be imposed on International Television Channel Europe Limited (“ITCE”)
For a failure to comply between April 2013 and September 20141.
Ofcom’s decision
of sanction against: International Television Channel Europe Limited (the
“Licensee” or “ITCE”) in respect of its service NTV (TLCS
1624).
For: Breach of ITCE’s Television Licensable Content Service
Licence (TLCS 1624) in respect of:
Condition 17(2): “The Licensee shall adopt procedures
and ensure that such procedures are
observed by those involved in providing
the Licensed Service for the purposes of
ensuring that programmes included in
the Licensed Service comply in all
respects with the provisions of this
Licence, the 1990 Act, the 1996 Act, the
Communications Act 2003, relevant
international obligations and all relevant
codes and guidance. The Licensee shall,
without prejudice to the generality of the
foregoing, ensure that:
(a) there are sufficient persons involved
in providing the Licensed Service who
are adequately versed in the
requirements of this Licence, the 1990
Act, the 1996 Act, the Communications
Act, relevant international obligations
and all relevant codes and guidance and
that such persons are able to ensure
compliance with such requirements on a
day to day basis;
(b) adequate arrangements exist for the
immediate implementation of such
general and specific directions as may
from time to time be given to the
Licensee by Ofcom;
(c) the requirements of the Audiovisual
Media Services Directive [Directive
2010/13/EU] are complied with where
practicable, having regard to the
provisions set out in Articles 16, 17 and
18 of the Directive and any guidance
issues and from time to time revised by
1 See: http://stakeholders.ofcom.org.uk/binaries/enforcement/broadcast-bulletins/obb276/Issue276.pdf
Sanction 98(15)
2
Ofcom for the purpose of giving effect to
those provisions;
(d) adequate arrangements exist for the
advance clearance of advertisements of
such types and for such products as
Ofcom shall determine;
(e) that in each department of the
Licensee where any of the procedures
referred to in this Condition are to be
implemented the member of staff
responsible is of sufficient seniority to
ensure immediate action and that issues
relating to compliance may be brought
where necessary directly before senior
management for consideration”.
On: From April 2013 - September 2014
Ofcom published 20 breaches of the
Broadcasting Code (“the Code”) against
ITCE, recorded in 16 separate cases
and relating to material broadcast on
NTV in the period May 2012 to June
20142
Decision: To impose a financial penalty (payable
to HM Paymaster General) of £20,000.
2 See Page 19 of this Decision for a list of the individual Findings relating to the 20 separate Code
breaches published in the Broadcast Bulletin during the period April 2013 and September 2014

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