Ofcom has issued two new codes of practice for larger streaming services, one on content and the other n accessibility.
Under new powers in the Media Act 2024, Ofcom will enforce a new content standards Code for streaming services. The aim of the Code is to level the regulatory playing field between streamers and traditional broadcasting outlets to make sure that viewers are receiving similar protections, regardless of how and where they watch.
Ofcom is also consulting on a proposed new Code that will set out new accessibility standards for streaming services, including subtitles, audio description and signing.
Ofcom’s proposed new content standards Code for ‘Tier 1’ streaming services (which include the most watched video on-demand services that meet a threshold of viewership (50,000 average monthly users)) are broadly similar to the UK’s existing broadcasting rules but are also tailored to reflect differences between traditional broadcast TV and on-demand content. Streaming services will be required to comply with existing requirements in addition to a new range of supplementary Tier 1 rules set out under the Code. The draft code covers numerous areas including protection for under-18s, harm and offence, disorder, hatred and abuse, and impartiality and due accuracy as well as fairness and privacy.
The streaming platforms will be required to comply with existing obligations to protect young audiences from harmful material. The new Code includes further protections focused on the welfare and legal rights of under 18s appearing in programmes. Regarding harm and offence, services will be required to provide adequate protection to viewers from potential harm and that offence must be justified by context. Ofcom is also proposing a requirement to require exceptional editorial justification for including explicit detail about novel or unusual suicide methods. Ofcom is proposing supplementary rules in addition to existing requirements on incitement to crime/disorder, abusive treatment and portrayals of criminal techniques and proceedings.
The proposed rules for news will largely carry over the Broadcasting Code with proposals to adapt impartiality requirements for the on-demand environment, including continuing to allow services the flexibility to maintain impartiality across multiple programmes. The same level of protection of individuals or organisations from unfair treatment or infringement of privacy as is enforced for linear broadcast content will also apply.
The Media Act has also introduced new accessibility requirements for larger streaming services, including new quotes for subtitling, audio description and signing. Services must subtitle a minimum of 80% of their catalogue, audio describe 10% and provide signing for 5%. The Code also sets out how Ofcom expects services to meet obligations to keep audiences informed about accessibility features and how they must report annually on quality and usability.
The consultation ends on 7 August 2026. Ofcom expects to publish the final Codes later this year.
Ofcom will also be calling for evidence to inform their approach towards investigating possible breaches of the content standards Code for streaming services. Once the final Codes have been published, Ofcom will consult on the new investigation procedures, including the complaints process under the new rules.
