The Association for Television on Demand

Scope Investigations

Scope investigations


ATVOD has a duty to determine whether service providers have complied with the obligation to notify set out in section 368BA of the Communications Act 2003  ("the Act") and incorporated into the ATVOD Rules as Rule 1. ATVOD also has the power to decide what constitutes an 'on-demand programme service' ("ODPS") in accordance with section 368A of the Act and/or who is the provider of that service.


In addition to investigating whether a provider of a VOD service which has not been notified is in breach of  Rule 1, ATVOD may also make a scope determination in relation to a notified service, for instance if the provider make representations that changes made subsequent to the notification mean that the service is no longer an ODPS, or that editorial responsibility for the service has now passed to a third party.


Before reaching a determination in relation to such issues of scope, ATVOD informs the service provider of its preliminary view and invites the service provider to make representations. Any such representations are considered by the ATVOD Board before a final decision is taken.


Service providers can appeal to Ofcom with regard to a determination that a service is an ODPS or that  a person is the provider of that ODPS - this means that an appeal to Ofcom can also be lodged in relation to any determination that a breach of Rule 1 has occured.


ATVOD publishes details of determinations resulting from scope investagations along with information on any appeals or sanctions that have subsequently taken place. Such determinations are published alongside other decisions relating to breaches of the ATVOD Rules in the Determinations section of this website.