ATVOD - legal challenge
Posted: Thu Jan 16, 2014 5:02 pm
A challenge to ATVOD is being prepared. You can read the draft letter before action here:
We need an indication of support preferably through a follow on twitter.
A summary of some things of interest to some.
ATVOD's fees are unlawful, in my opinion. The requirement to pay fees which was put into the Communications Act, and allows ATVOD to demand fees, is void. The legislation which allowed the Act to be amended prohibits imposing taxation. A licence fee payable to a public body is taxation. Therefore it should never have been a provision inserted into the Act.
For reasons also to do with the enabling legislation, ATVOD cannot lawfully make rules. It can only uphold the precise requirements of the Act. Therefore it is supposed only to offer "non binding guidance". i.e. Advice. It cannot, for instance, insist on credit card customer identification. It can only complain if you are a first a television on demand service, and secondly are providing material which might seriously impair the physical mental or moral development of young persons. It has to show that both things obtain. But, for instance, as it happens its own research says in words of one syllable that R18 material will NOT seriously impair etc.
We need anyone who wants to see ATVOD reigned in to follow @NafforfAtvod on twitter. Following on twitter commits you to nothing it merely indicates your positive support. If you want the internet to remain free. If you value democracy and don't want undemocratic regulation sneaked in without parliamentary scrutiny, please follow
We need an indication of support preferably through a follow on twitter.
A summary of some things of interest to some.
ATVOD's fees are unlawful, in my opinion. The requirement to pay fees which was put into the Communications Act, and allows ATVOD to demand fees, is void. The legislation which allowed the Act to be amended prohibits imposing taxation. A licence fee payable to a public body is taxation. Therefore it should never have been a provision inserted into the Act.
For reasons also to do with the enabling legislation, ATVOD cannot lawfully make rules. It can only uphold the precise requirements of the Act. Therefore it is supposed only to offer "non binding guidance". i.e. Advice. It cannot, for instance, insist on credit card customer identification. It can only complain if you are a first a television on demand service, and secondly are providing material which might seriously impair the physical mental or moral development of young persons. It has to show that both things obtain. But, for instance, as it happens its own research says in words of one syllable that R18 material will NOT seriously impair etc.
We need anyone who wants to see ATVOD reigned in to follow @NafforfAtvod on twitter. Following on twitter commits you to nothing it merely indicates your positive support. If you want the internet to remain free. If you value democracy and don't want undemocratic regulation sneaked in without parliamentary scrutiny, please follow