Ofcom has issued a consultation and a series of statements under the Media Act, which may be of interest to tech lawyers.
Designation of television selection services
Ofcom is consulting on its provisional view of the television selection services it proposes should be designated under the Media Act 2024. It says that it is critical that viewers can easily find and discover the diverse range of high-quality content public service broadcasters (PSBs) offer for UK audiences, including trusted and accurate news. The Media Act 2024 introduced a new online availability and prominence regime for how PSB TV players, such as BBC iPlayer, ITVX, Channel 4 stream, 5, STV player, S4C Clic, are distributed on connected TV platforms, referred to in the Act as television selection services. Television selection services designated by the Secretary of State for Culture, Media and Sport will be required to ensure designated PSB TV players and their content are available, prominent, and easily accessible. It is now consulting on its provisional view that 14 services should be designated. The consultation ends on 16 September 2025. Ofcom will consider feedback and any further available information when making its final recommendations to the Secretary of State, later this year.
Statements under Media Act
It has also published final decisions on some other aspects of its work to implement the Media Act which are set out below.
Designation of public service broadcasters’ internet programme services
It is setting out the methods which it will apply for determining which PSB TV players (formally known as “internet programme services” (IPS)) satisfy the conditions, set out in legislation, to benefit from the new availability and prominence regime, and therefore should be designated. BBC iPlayer will be automatically designated.
Revised Guidance for Public Service Broadcasters on Commissioning Codes of Practice
As a result of changes introduced by the Media Act 2024 to update the regulatory framework for PSBs, Ofcom has made changes to the guidance for PSBs for producing their commissioning Codes of Practice. The changes provide PSBs with greater flexibility and freedom in how they deliver their quotas for independent productions, by enabling them to use their on-demand players to meet independent production quotas.
Statement of Programme Policy and Statement of Media Content Policy Guidance
The Media Act gives the PSBs greater flexibility as to how they deliver their remits. Following consultation, Ofcom has updating its guidance to licensed PSBs about preparing their Statement of Programme Policy through which they explain how they are fulfilling their remit.
