Just found this on broadcast now :
The AVMS (Audio Visual Services) Directive, which was voted in by EU member states two years ago, requires that ‘TV-like’ services are subject to similar regulation to TV output. However, VoD services do not have to comply with the Ofcom Broadcasting Code.
and there is the link here as well
Also got this off the consultation proposal on the ofcom website
1.9 While VOD editorial content is not currently subject to formal regulation, there are two self-regulatory schemes in place administered by ATVOD and the Independent Mobile Classification Body ("IMCB"). ATVOD, whose membership includes many of the larger VOD service providers in the UK, regulates many (but not all) VOD services under its Code. The AVMS Directive requires that VOD editorial content complies with minimum standards.