ITV, Channel 4 and Channel 5 will be able to move certain types of programmes online and still meet their public service broadcasting quotas while Netflix, Amazon Prime Video and Disney+ will come under Ofcom regulation.
The draft Media Bill, which begins its parliamentary process, promises to “unleash” the potential for the UK’s public service broadcasters to grow.
The new laws will introduce simpler, more flexible rules on what TV programmes public service broadcasters are required to show. At present, public broadcasters like ITV and Channel 5 have quotas covering various types of content such as regional news and children’s programmes. However, the programmes are currently required to go out on the broadcaster’s main channel. Under the new rules, all or some of these programmes could go online-only.
TV-focused measures in the bill include bringing mainstream video-on-demand (VoD) services consumed in the UK – such as Netflix and Disney+ – under a new Ofcom content code.
Prominence for on-demand services
The draft Bill includes action to ensure video on demand viewers can more easily discover public service broadcast services such as BBC iPlayer and ITVX on smart TVs, set-top boxes and streaming sticks.
Video-on-demand accessibility services
It also includes new rules to make video on demand content more accessible to those with seeing and hearing impairments.
- Video-on-demand services will have to provide subtitles on 80% of their programmes, while 10% must have audio description and 5% signed interpretation.
Smart speaker rules
In addition, new reforms have been added to protect the position of UK radio on smart speakers as listeners increasingly move away from AM and FM stations in favour of internet-based services.
Smart speaker platforms – such as Google and Amazon – will be required by law to ensure access to all licenced UK radio stations, from major national stations to the smallest community stations. Platforms will be banned from charging stations for being hosted on their services or overlaying their own adverts over the top of those stations’ programmes.
Culture Secretary Lucy Frazer said:
Technology has revolutionised the way people enjoy TV and radio. The battle to attract and retain audiences has never been more fierce. British content and production is world leading but changes to viewing habits have put traditional broadcasters under unprecedented pressure.
These new laws will level the playing field with global streaming giants, ensuring they meet the same high standards we expect from public service broadcasters and that services like iPlayer, All4 and ITVX are easy to find however you watch TV.
Our Bill will give these brilliant broadcasters and our legendary radio industry the tools to keep doing what they do best – nurturing the creative talent and skills that fuel the UK’s booming production industry, whilst making outstanding shows that we can all enjoy.
ITV, STV and Channel 5 have meanwhile been formally invited to apply for a renewal of their broadcast licences. Ofcom will receive applications by the end of April. New Channel 3 and Channel 5 broadcast licences apply from 1st January 2025.
Analysis
The government portrays the new rules as a step to “modernise decades-old broadcasting legislation outlined in a white paper last year.” It’s headline is “new laws to help bring more great shows to British screens and airwaves”, although most of the measures appear to be about making sure programmes that would be made anyway would be visible to more viewers by making them more prominent across various platforms. Clearly, broadcasters may feel inclined to invest more in major productions if they can they have the flexibility to reduce or move certain types of unprofitable public service programmes.
Iain Hatton