ICSTIS Adjudication

Eckoh PLC 06 July 2007 Eckoh Plc ('Eckoh' or the 'Company') Response to the ICSTIS Adjudication on the 'Richard and Judy show' Eckoh acknowledges the ICSTIS adjudication on the breach of its Code of Practice (the 'Code') relating to the 'You Say, We Pay' competition (the 'Competition') on the 'Richard and Judy show' and provides the following response. . Eckoh co-operated fully with the investigation. It made written submissions on 7 March 2007 and 23 March 2007 and appeared before an adjudication panel on 11 June 2007. The Company is pleased that the ICSTIS panel commented that 'Eckoh's cooperation with the ICSTIS investigation in this case has been exemplary'. Under the Code, the Service Provider (i.e. Eckoh) is the only party that can be sanctioned by ICSTIS for any breaches of compliance, irrespective of who is actually responsible or how this came about. Information providers, in this case Channel 4 and Cactus, are outside the jurisdiction of ICSTIS and it is unable to take action against them unless they give their consent. Both Channel 4 and Cactus decided not to provide any witness evidence at the hearing. ICSTIS acknowledges that 'Eckoh had not had any direct control over the broadcast of the Richard and Judy programme' and the adjudication states that 'the panel is aware that Ofcom (whose remit includes broadcasters) has instigated an investigation into this Competition under the Broadcasting Code'. The Company awaits the outcome of this investigation with interest. Eckoh informed Cactus about the compliance problem on 26 January 2007, confirmed this by email on 28 January, and then followed it up on 30 January and 12 February. For the period 29 January to 15 February 2007, the revenue generated from calls was £176,536.37 of which £173,662.68 was paid to Channel 4 and Eckoh received £2,873.69 Following is a summary of the adjudication: • For the purposes of deciding a sanction an ICSTIS panel must hold a service provider accountable for the actions of its information providers. • The panel consider that a fine of £150,000 is appropriate in this case but has stated that 'part of the purpose of the sanction is to provide an incentive to other service providers who may not have taken the steps which Eckoh have done to ensure compliance' • It is not in dispute that the final list of names was regularly being received by Cactus before further solicitations to ring in were made by the presenters of the television programme • Ofcom have instigated an investigation into this Competition under the Broadcasting Code • Eckoh has a good record in relation to compliance with the Code and is a reputable and respected provider of telephony services • Eckoh has introduced an extensive series of remedial measures, including commissioning its own audit carried out independently by KPMG The Company has already made a sufficient provision in its 2006 accounts for the fine levied. Consequently, there is no financial impact on the current year. Nik Philpot, Chief Executive Officer of Eckoh said: 'We accept that Eckoh made mistakes with ''You Say We Pay'' but it seems clear to us that all three parties could and should have spotted the problem earlier. It was Eckoh who identified it and tried to take action. We have put in procedures that set the benchmark in terms of best practice and we are pleased that ICSTIS has described these as an admirable and comprehensive range of measures to ensure compliance in the future. What this adjudication highlights is the important point that, in our opinion, the regulations governing premium rate services linked to television programmes are fundamentally flawed. It is frustrating that, because ICSTIS can only adjudicate against Eckoh, we are the only party to be sanctioned today whilst the fate of the broadcaster has to wait for any Ofcom investigation to conclude. Furthermore, neither regulator appears to have jurisdiction to deal with the production company. Only last week Ofcom fined another broadcaster in a case involving premium rate telephony yet there has been no action taken in that case by ICSTIS. This illustrates that current regulation is unpredictable and inconsistent. In our view it would be far better for the industry and the public in cases like these if the regulators took a joined up approach and dealt with all the evidence and all the parties collectively in a clear and transparent manner. We regret the damage this particular case has caused to the general public and to their perception of these types of services. We are extremely sorry for anyone who entered the competition and were not dealt with appropriately. Eckoh takes its responsibilities and good reputation extremely seriously and, in conjunction with Channel 4, has already offered a refund to those affected in the recent series.' Eckoh plc Nik Philpot, Chief Executive Officer Adam Moloney, Group Finance Director Jim Hennigan, Executive Director www.eckoh.com Tel: 01442 458 300 Corfin Communications Harry Chathli, Neil Thapar, Ben Hunt Tel: 020 7929 8989 Seymour Pierce Jonathan Wright Tel: 020 7107 8000 Notes to Editor The Richard and Judy programme ran from 5pm until just before 6pm, and the on-air competition concluded at approximately 5.42pm. The Competition, including the relevant number to call was publicised on screen and on air by the presenters during the course of the programme. The telephone lines were open until about 5.38pm, and callers who called before this time would have heard a recorded message asking them to answer a multiple-choice question and to leave their name and telephone number. Eckoh selected 24 participants (in four tranches of six) randomly from those who had called and answered the question correctly and passed these names on to the production company, Cactus. Cactus would then select a winner and telephone them back to validate their details before they were heard on air. In practice, all 24 names had usually been sent to Cactus by about 5.15pm. However, the lines would still be open for another 20 minutes or so, and the programme regularly contained a second on screen solicitation from the presenters for viewers to enter the Competition after the names had been selected, followed by a third solicitation as part of the programme trail before the advertising break. ICSTIS acknowledged that 'Eckoh had not had any direct control over the broadcast of the programme'. Whilst Eckoh acknowledges that the Richard and Judy service operated in a non-compliant manner for a period of time, it was only in the latter stages that Eckoh became aware that the service was non-compliant. The winner selection process that Eckoh followed was one already in place when Eckoh took over the account from the previous service provider. When Eckoh conducted a review of broadcast services and ultimately realised that this process was non-compliant it raised this problem with Cactus, prior to the new series beginning in January 2007. However, despite the seriousness of the issue and Eckoh following up on this on two further occasions, Eckoh was unsuccessful in having the issue resolved before the problem was highlighted in the press. Since the Richard and Judy case became public Eckoh's processes have been audited by Deloittes on behalf of ITV and it appointed KPMG to independently review all of the services it provides to media clients. No significant issues have been identified by either of these reviews. Eckoh is also not being formally investigated by ICSTIS in any other cases. This information is provided by RNS The company news service from the London Stock Exchange

Companies

Eckoh (ECK)
UK 100

Latest directors dealings