Memorandum submitted by BSkyB
The Culture, Media and Sport Select Committee
has announced an inquiry into call TV Quiz shows. We understand
that the legality and operation of such shows are currently being
investigated by, among others, Ofcom, ICSTIS and the Gambling
Commission.
Sky does not run call TV quiz shows of the type
being examined by the Committee. For regulatory reasons, however,
we are required to list such channels in the Sky on-screen programme
guide. We believe that the structure of the programmes is fundamentally
misleading to customers. We therefore believe that such programmes
require additional regulation and we applaud the Committee for
deciding to review them.
We would like to focus our submission on the
final question of the inquiry, relating to whether further regulation
of call TV quiz is required. We believe that as call TV quizzes
currently exist they act as illegal lotteries, and therefore require
significant attention.
1. CALL TV QUIZ
SHOWS VERSUS
PRIZE DRAWS
Before setting out our case for regulation of
the TV quiz shows, we believe it is important to differentiate
such shows from the prize draws/viewer competitions which are
regularly run on a host of different TV channels and in print
publications, frequently for promotional reasons. We believe there
are important differences which distinguish call TV quiz shows
from other prize draws. The crucial difference is that a significant
majority of those viewers who telephone in are not entered into
the draw. In prize draws/viewer competitions, all entries receive
an equal chance of being drawn.
It is our view that such legitimately operated
prize draws should not be restricted by any recommendations made
by the Committee.
2. CALL TV QUIZ
SHOWS AS
ILLEGAL LOTTERIES
Sky believes that the call TV quiz programmes
amount to illegal lotteries. We are aware of the arguments and
justifications put forward by the operators of the programmes
and respond to each in turn below.
1. The operators argue that the programmes
comprise prize competitions (rather than lotteries), as their
success depends on the exercise of skill, judgement or knowledge
by the participants.
First, there is some doubt as to whether the
games require an element of skill. Many of them appear to rely
rather more on luck (where players need to guess particular names
or items from a large pool of potentially correct answers). That
aside, even where there is a sufficient element of skill displayed
by the players, it is the fact that not all potential players
are able to participate that makes these games illegal lotteries.
The overwhelming majority of players who are charged for entry
are not given any chance of answering the relevant questions.
A majority of callers are informed by a recorded message that
they have not managed to get through. They are, however, still
charged the entry fee.
2. Some of the operators argue that, even
if the questions are not sufficiently difficult to necessitate
the requisite degree of skill (and the games therefore amount
to a lottery), they include a free-to-enter route and therefore
comprise a free prize draw.
Naturally each operation will be judged on its
own merits, but it is our belief that none of the alleged free-to-enter
routes comply with the requirement that they should be "publicised
in such a way as to be likely to come to the attention of each
individual who proposes to participate" (Gambling Act 2005,
Schedule 1 Paragraph 8(1)(c)). Those free-to-enter routes we have
seen are displayed infrequently and refer players to websites
which are difficult to navigate. The nature of the programmes,
which involve an almost continual call-to-action to participate,
make it very difficult to comply with this element of law.
Sky believes that, even if the call TV quiz
shows were to include an appropriate free-to-enter route they
should still be regulated, as the nature of the way they operate
is misleading to players. Lotteries should provide all entrants
with an equal chance of winning, and the quiz shows fail to do
that.
3. CALL TV QUIZ
SHOWS SHOULD
BE TREATED
AS GAMBLING,
AND LICENSED
ACCORDINGLY
We would argue that the fact that the call TV
quiz shows amount to illegal lotteries, combined with:
— the persistent calls to action; and
— the blocking of callers from getting
through in order to build excitement and lead players to believe
that no-one else is calling in with answers;
lead to the conclusion that these programmes
should be treated as gambling under the Gambling Act 2005, and
should be licensed accordingly.
4. CALL TV QUIZ
SHOWS SHOULD
BE SOCIALLY
RESPONSIBLE
Call TV quiz operators should therefore be obliged
to comply with the legal requirements relating to social responsibility,
in order to prevent under-age and problem gambling. The channels
should have the facilities to block under-age players and players
should be able to exclude themselves from the service. Where players
are not given an equal chance to enter the lottery the odds/chances
of their getting through and being given a chance to provide an
answer to the quiz should be stated. It should also be made clear
that there is no guarantee that callers will get through.
CONCLUSION
Sky believes that call TV quiz shows comprise
illegal lotteries. The fact that they do not give all participants
an equal chance of winning (or indeed of getting a chance to answer
any skill questions) distinguishes them from other prize draws.
Call TV quiz shows represent a form of gambling,
and should therefore be regulated appropriately to ensure they
conform to high standards of social responsibility.
SKY SOCIAL RESPONSIBILITY MEASURES
In line with other reputable remote gaming operators,
Sky has a comprehensive programme of measures to encourage socially
responsible gambling:
1. Age verification
— all new registering customers are
verified to be 18 or over, using sophisticated software which
checks the electoral roll and credit reference agencies; and
— where a potential customer's age
cannot be verified documents proving age need to be sent in for
verification.
2. Customer-led spend limits
— customers can set limits on total
deposits per day and can reduce those limits at any time.
3. Customer self-exclusion
— customers can exclude themselves
from the service on a permanent or temporary basis.
4. Provision of information on social responsibility
— SkyBet.com home page contains Gamcare
kite mark and link to the charity; and
— home page also has links to responsible
gambling information page.
5. Information on monies spent
— customers have access to recent account
history including all deposits, withdrawals and bets.
6. Free play
— relevant pages contain links to responsible
gambling information page;
— clear message that customers need
to be over 18 to play; and
— frequency of winning is same as for
"cash" games.
7. Staff training
— all employees who deal with customers
are trained annually on issues of social responsibility and problem
gambling.
17 November 2006
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