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The Media Act 2024 promised a whole raft of new measures,
principally to ensure outdated regulation is updated to reflect
today’s real world and there is more consistency regardless of
how people are accessing content. Implementation of these measures
is now beginning in earnest, and Ofcom has recently issued a
helpful update on its latest action. With other
related proposals also coming from the UK government, it’s
useful to distill where we’re at.
In brief:
the draft VoD Code which will be similar to
the existing Broadcasting Code, but will apply to ‘Tier 1’
video-on-demand (VoD) services, and the related consultation is
expected to be published on 1 April.
the new threshold for designation as a ‘Tier 1’
video-on-demand services has been confirmed at 50,000
average monthly users.
the government has plans to extend the list of
‘regulated electronic programme guides’
(EPGs) – this will have significance for many
services/channels found on the currently unregulated EPGs of
popular linear streaming platforms. If the proposals are
implemented, as well as the identified EPGs becoming subject to
regulation, the channels/services on them will also be subject to
the Broadcasting Code, many for the first time.
Ofcom has set out its plans for new prominence rules for
finding public service broadcasters (PSBs) on connected
TVs, with final codes and guidance coming later this
year.
new regulation of radio selection services on voice-activated
platforms (such as smart speakers) has been
outlined, with recommendations as to which platforms will be
designated now published and a draft Code of Practice expected
shortly.
Diving into these in a little more detail:
Video-on-demand services – content and
accessibility
As video-on-demand (VoD) services have grown in popularity, the
Media Act introduced a new framework to help to protect audiences
from harmful content. While UK-based on-demand services have been
regulated since 2010, the regime has been narrower than that for
traditional linear broadcast channels under the Broadcasting Code.
The new VoD Code will apply to the most popular VoD services in the
UK, adapting the Broadcasting Code rules to make sure that they are
suitable for on-demand services.
The UK government has confirmed that services which have more than
500,000 average monthly users in the UK will be in scope of the new
rules. This will mean that Netflix, Amazon Prime Video, Disney+,
ITVX and Channel 4 On Demand will be subject to the VoD Code.
From 1 April, Ofcom will consult on the proposed VoD Code, which
will require accurate and impartial news reporting and protection
against harmful content. Also in spring 2026, Ofcom will publish a
draft of the accessibility code requiring Tier 1 VoD platforms to
ensure that 80% of catalogue content is subtitled, 10% is
audio-described, and 5% is signed.
Statutory sanctions for breach of the VoD Code will include
financial penalties with a maximum fine per breach of a rule will
be £250,000 or 5% of qualifying revenue.
Electronic programme guides
The government has published a statement on extending regulation to
electronic programme guides (EPGs) not currently within scope of
EPG regulation and that are typically delivered over the internet.
Regulated EPGs have obligations to make sure that the channels
displayed on their listings are properly licensed, and that
listings are allocated on a fair and non-discriminatory (FRAND)
basis. Regulated EPGs must also ensure prominence of PSB channels
and comply with accessibility requirements.
There are currently only four providers of regulated EPGs
(Everyone TV, Sky, Virgin Media, and YouView). The government plans
to introduce secondary legislation, firstly to regulate additional
EPGs of these providers, and then to regulate additional popular
and mainstream unregulated EPGs.
It’s important to note that the regulation of EPGs not only
has an impact on the providers of those EPGs, but on the
channels/services listed on them. This is of particular
significance for smaller and niche channels that are often found on
EPGs of these streaming services, but not on the traditional
broadcast EPGs. If the EPGs on which they’re listed become
regulated, these channels will also be required to hold an
appropriate Ofcom licence and will become subject to the
Broadcasting Code (that is, they’ll be treated in the same way
as traditional linear broadcast channels).
Connected TVs
The Media Act has also made changes aimed at ensuring more
consistency, regardless of how consumers access programming.
Connected TVs and their “Television Selection Services”
(not to be confused with EPGs) are caught by new rules to make PSB
content prominent and easily discoverable on connected TVs, and to
ensure accessibility for those with sight and hearing impairments.
The PSBs were invited to make applications to Ofcom about which of
their internet ‘players’ and apps should be protected by
the regime, and this will be confirmed in due course. In terms of
the platforms which will need to give those PSB players/apps
prominence and comply with the accessibility rules, Ofcom has said
that a platform must have at least 700,000 active users to be
designated. It has said that 14 will be designated, including those
of Samsung, Apple and Freely. As part of last year’s
consultation on the new rules, Ofcom issued a draft code of
practice and guidance for connected TV providers. Final versions of
these will be published later this year.
Smart speakers
Listening habits have also changed dramatically. The Media Act
brings voice-activated platforms, such as smart speakers into
regulation for the first time, requiring that they must carry
internet radio services which correspond to UK broadcast radio
stations, and ensure that they play by giving spoken commands.
Ofcom has now published its final recommendations that Amazon’s Alexa,
Google Assistant, and Apple’s Siri should be designated under
the new regulations for voice-activated platforms. It now plans to
consult on a new draft Code of Practice for the designated
platforms about how they can comply with their new duties.
Conclusion
The landscape is complex and there’s a lot going on! If you
need help navigating the rules, please contact the authors.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.