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Ofcom Skype Sky

Sky cleared of giving Skype ‘undue prominence’ in interview

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By The Drum Team, Editorial

September 26, 2011 | 3 min read

Sky has not been found in breach of a standards case by Ofcom, after the words ‘via Skype’ appeared on screen for ten minutes during an interview.

The words appeared on screen during a video call interview following the Utoya Island massacre in Norway, with a woman whose daughter had been on the island.

Ofcom had decided the material raised issues warranting investigation under Rule 9.5 of the Code, which states: “No undue prominence may be given in programming to a product, service or trade mark. Undue prominence may result from: the presence of, or reference to, a product, service or trade mark in programming where there is no editorial justification; or the manner in which a product, service or trade mark appears or is referred to in programming.”

Sky said that since the woman lived in northern Norway, the interview took place via Skype because under the circumstances the company could not send a camera crew to location. Sky added that it had high production values for picture and sound quality and the broadcaster therefore considered it important, from an editorial perspective, to inform viewers of precisely what was being broadcast.

The broadcaster noted that, while Skype did not charge broadcasters for using its ‘voice and video call’ service, Skype’s Broadcast Terms of Service included the broadcaster agreeing to the following requirement: “…except where prohibited by law … With respect to any audio-visual Program … that uses or includes a visual depiction of the Skype Software, you shall place the Skype logo so that during such use it shall appear, scaled proportionately and to a reasonable size so that it is clearly legible, on the lower right hand side of the screen in which the Skype Software is shown…”

Instead of using the logo, Sky used the words ‘via Skype’ in its own typeface, and said beforehand that the interview took place using Skype.

Ofcom acknowledged that Sky did not use the Skype logo itself, which served to limit the prominence given to the brand to a certain degree. Nevertheless, it considered there was little editorial justification for displaying the brand name in a caption throughout the full screen sequences of live footage from Northern Norway during this ten minute interview.

The regulatory body said in light of remedial action taken by the broadcaster, it considered the matter resolved.

Ofcom Skype Sky

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