EXPLAINER / How and where we can watch major sporting events could change in the coming years, as Ofcom reviews the rules governing free-to-air availability of listed sports events.
- Proposed new rules would allow some coverage to be available on a streaming-only basis, rather than via traditional broadcast channels.
- Where broadcast rights are divided between commercial and public service broadcasters, Ofcom to review how much live coverage on free-to-air TV is adequate.
Ofcom is to update its code on listed sporting events following the introduction of the Media Act 2024, which will result in changes in how and where so-call ‘crown jewel’ or listed sports events are shown.
Listed sports events include the Olympic Games, the men’s and women’s football World Cups and the Grand National. The sports events covered by the rules aren’t changing at this time, only the rules governing where they’re shown and how much is shown on free-to-air TV.
Ofcom is now requesting information from broadcasters and rights holders to determine how the new rules should be implemented.
Where listed sports events can be shown
The Media Act 2024 amends the list of channels entitled to benefit from the listed sports code to cover Public Service Broadcasting (PSB) channels only.
The previous channel list, issued in 2019 [section 5.9 in this Ofcom document and subsequently amended to include Channel 5], was based on TV channels available on Freeview multiplex PSB1 and PSB2, i.e. those with the widest UK population coverage. They’re known as “qualifying services”. As a result, the list of qualifying services includes channels like Film 4 and CBBC, not the normal destinations for live sport.
Recently, PSB2 capacity has been sub-let to commercial channel That’s Memories (Freeview 71). A non-publicised effect of the rule change is that commercial channels wouldn’t be able to use capacity on PSB2 to become a qualifying service.
And for the first time, streaming services are now taken into consideration, with the BBC iPlayer, ITVX, Channel 4 Streaming and My5 now eligible to become qualifying services.
How much sport should be shown free-to-air?
Many major sports events have coverage that’s split between commercial pay TV services and the main PSB channels like BBC One and ITV1.
As a result of the Media Act, Ofcom must now determine what constitutes “adequate live coverage” on PSB channels for multi-sport events like the Olympics.
At present, Ofcom views the current Olympics coverage arrangement as adequate – i.e. the BBC has no more than two live streams or channels of coverage, with WBD’s Eurosport and Discovery+ offering more coverage options.
But Ofcom could determine that providing just one stream from the Olympics is enough to meet the requirements of the law. Alternatively, it may determine events like the Olympics need more free-to-air streams.
Ofcom has the power to include other requirements – beyond the number of streams or duration/percentage of an event – which coverage would need to meet to be “adequate live coverage”. This could include a requirement that broadcasters have the rights to provide streams throughout the entire duration of an event, or that there be no restrictions placed on the content of the streams being broadcast.
What is acceptable alternative coverage?
The list of protected sports events is divided into Group A (including the Olympics, Grand National, FA Cup Final and The Derby) and Group B (including Cricket Test Matches played in England, Six Nations Rugby Matches involving Home Countries, Ryder Cup and The Commonwealth Games).
For Group B sports events, Ofcom is consulting on what is “acceptable alternative coverage”. At the moment, free-to-air highlights or delayed coverage amounting to at least 10% of the scheduled duration of the event are deemed acceptable.
The current rules allow pay TV rights holders to order free-to-air highlights to be delayed until a period has elapsed following the scheduled conclusion of the event.
Streaming-only coverage
Currently highlights have to be scheduled on a traditional linear broadcast channel.
In the future, it’s proposed that streaming services like the BBC iPlayer and ITVX will be able to screen the highlights, either on a streaming-only or streaming-first basis.
Following an industry call for evidence, Ofcom will decide on the exact rules, which will be put to a wider public consultation in 2025.
By: Marc Thornham | Image: Everyone TV