5.2 No easy way to distinguish between ‘TV-like’ content and other kinds of video content
CAG’s other concern with the proposed expansion of Part VA is of a more technical nature. We note that the proposed expansion of Part VA set out in Proposal 16-1 refers only to “the transmission of television or radio programing using the internet.” The intention appears to be to expand Part VA to “the online equivalent of television or radio programs.”229
Our concern with this is that the concepts of ‘television program’ and ‘radio program’ appear intended to apply to content that has traditionally been consumed offline. However, as more made-for-internet content is created, these concepts are likely to become contested, and may be found to include a much broader range of content than was intended. The difficulties in making these distinctions were well canvassed in the Convergence Review.