The Media Act 2024 promised a whole raft of new measures, principally to ensure outdated regulation is updated to reflect today's real world and there is more consistency regardless of how people are accessing content.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.