Ofcom sides with Virgin over ad row

BSkyB has been found to have violated Ofcom's broadcasting code with a series of adverts ran last year aimed at persuading Virgin Media customers to write to their cable supplier.

The adverts were shown during February and March 2007 at a time when BSkyB and Virgin Media were negotiating over the rights Virgin had to broadcast Sky channels.

BSkyB's adverts, which were broadcast on Sky channels available to Virgin customers at the time, included calls to Virgin viewers to "urge [Virgin Media] to keep the TV you love on air".

This phrase was taken by Ofcom to be a call to viewers to lobby Virgin Media, and as such potentially affect the outcome of the negotiations which were taking place at the time.

The discussions continued for some weeks until BSkyB eventually withdrew its basic channels from the Virgin Media service, although some of the premium channels remained on Virgin's package.

"The references to the Sky retail television service were clear and unambiguous 'calls to action' to viewers to subscribe to the Sky retail television service and accordingly went beyond information about the availability of the Sky channels," an Ofcom statement read.

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