Regulating the regulator
Bectu threatens Ofcom with legal action over ITV
ITV may have thought that it can sidestep most (or indeed all) of its remaining obligations with Ofcom in charge of regulation, but a legal challenge from Bectu may well prove to be a significant turning point in the regulation of UK broadcasting as a whole. Much of the philosophy behind the concept of 'light touch' regulation has largely ignored the historical precedent of long-established broadcasters such as ITV and their public service contributions which are essentially next to impossible to replicate if lost.
Ofcom currently seems to think (for whatever reason) that it is essentially powerless to stop ITV doing what it wants to do, and this seems to be based on the notion that a "single ITV" was essentially 'unwritten' Government policy. However if Ofcom has a duty under the Communications Act to "maintain and strengthen" public service broadcasting and ITV's proposed cutbacks are clearly proven to be in breach of this rule, then Ofcom will suddenly find itself in a very embarrassing position as a consequence.
Obviously it's likely that there is a direct conflict between what ITV wants to do and the principles of public service broadcasting, but it will be very interesting to see how Ofcom will attempt to defend itself if charged with neglecting its regulatory duties, especially as there could be a historical precedent of ITV making promises that it doesn't have any intention of keeping.
