The Media Bill will herald some of the biggest changes to UK broadcasting this century. Ofcom has now set out its plans to implement aspects of the new legislation.
- New laws will allow ITV, Channel 4 and Channel 5 to make some content online-only
- But to ensure these programmes reach a wide audience, new rules to ensure prominence of their streaming services will be introduced.
- Ofcom will begin to accept complaints regarding Netflix and Amazon Prime Video under the new laws.
The Media Bill aims to modernise the rules governing TV, radio and streaming services in the UK, based on the growing uptake of streaming services and a fall in consumption of linear TV channels.
Ofcom has confirmed its plans for the coming two years with a roadmap outlining how it will implement the new rules and regulations (or remove existing rules) between now and 2026.
Why some content will be able to go online-only
One of the changes will be relaxed rules governing commercial public service broadcasters like ITV and Channel 5. Currently, they have quotas forcing them to show certain types of programmes on their main channels. ITV for example, has a quota that dictates how much regional news is must carry on ITV1.
ITV and Channel 5 will be issued with new broadcast licences that start from 1st January 2025. Under the new Media Bill, amendments to the licence will be made that will allow broadcasters to make some programmes online-only. For example, the new rules will allow the ITV to spread its regional news quota between ITV1 and ITVX. While it may not wish to move its main 6pm flagship regional news programmes, it has the flexibility to move, e.g. weekend bulletins to ITVX only. ITV will also have the flexibility to move its 6pm news online if it clashes with, for example, a FIFA World Cup match. Previously, ITV has rescheduled its main regional news during football tournaments to start as early as 4pm on ITV1.
As a result, it will be necessary to ensure ITVX and other streaming services operated by public service broadcasters have the same prominence as their current linear TV channels.
That’s also covered by the Media Bill, and so Ofcom will have to implement new rules that will force the operators of streaming platforms and devices to make sure certain streaming services appear at the top of the list.
That means viewers will always be able to find ITVX or iPlayer content above Netflix or Disney+ going forward.
Why is this a big change?
It’s the biggest change to the way commercial public service broadcasters make their quoted content available this century. The old rules were strictly based on the main channels and were never changed when the digital TV roll-out allowed ITV, Channel 4 and 5 to launch offshoot channels.
The rule changes will also make it easier for viewers to access regional news, children’s programmes or other types of programmes under a quota on devices other than a traditional TV set.
Netflix to come under Ofcom regulation
Ofcom will also create a new video-on-demand broadcast code under the Media Bill that aims to ensure the likes of Netflix, Amazon Prime Video and Disney+ come under the same editorial standards that protect viewers from harmful content on broadcast television.
Other changes
Channel 4 will be given the right to make its own programmes for the first time.
Ofcom will also step back from regulating which services appear on DAB radio multiplexes. It will allow foreign-based stations to broadcast on DAB. That move will come a decade after Ireland’s RTÉ tried and failed to be included on small-scale DAB multiplexes.
Regarding the changes, Ofcom says:
Our plan and timetable will be determined by the timing of the Bill’s passage through Parliament.
In our approach to implementing the Bill, we will consult openly and use the range of evidence and research available to us to secure the best outcomes for people across the UK.
Marc Thornham