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Home»Terrestrial»Ofcom to fix post-Brexit Freeview warning blunder

Ofcom to fix post-Brexit Freeview warning blunder

21 February 2024

Viewers selecting a Freeview streaming channel will in the future see fewer messages about services not being regulated.

  • Post-Brexit licensing blunder resulted in services that are regulated by Ofcom needing to show warnings.
  • Ofcom now plans to make changes to make it less confusing for viewers.

Ofcom announced on Wednesday that it is seeking to amend the wording on licences granted to broadcasters to operate data and streaming services on digital terrestrial television (DTT), more commonly known as ‘Freeview’.

Following a jump in the number of streaming services on the platform – currently found in a block between channel 260 and 299 – most channels now have to carry a pre-load warning.

It tells viewers that content is streamed from the internet and may not be regulated in the same way as other broadcasters. The rules say the message must appear on-screen for at least five seconds. In addition, the warning directs viewers to a page on Ofcom’s website for more information.

Freeview streaming channels include Al Jazeera English HD (channel 267), Channelbox (271), UK Radio Portal (277) and Zee World (278).

However, even broadcasts that are currently under full Ofcom regulation have been forced to display the warning. That’s due to a post-Brexit administrative oversight putting broadcasters in an odd situation, potentially confusing viewers.

The problem

The original “DTAS” licences issued to broadcasters stipulated the message must be shown if the streaming service carries content that falls outside of the jurisdiction of an EEA Member State.

At 11pm GMT on 31st December 2020, the UK ceased to be part of the EEA, in conjunction with its departure from the EU. Suddenly, services regulated in the UK and broadcast as a streaming service on Freeview fell outside the jurisdiction of an EEA Member State.

As a result, UK licensed services on a UK TV platform were treated in the same way as an unregulated service coming from another continent.

In its consultation, Ofcom has recognised the warning may have put off viewers from accessing fully regulated content.

Ofcom now proposes to change the conditions, subject to consultation. The proposed new wording specifically covers both Ofcom (UK) and EEA Member State regulated content

Subject to any opposition to the plans, the proposed change is expected to pass shortly after the consultation closes on 17th April 2024.

Exceptions

Streaming channels that carry a bundle of services, like Channelbox on Freeview 271, will still need to carry a pre-load warning message if they offer a mixture of Ofcom/EEA and non-Ofcom/EEA regulated services on their portal.

And there’s no change to the requirements for streaming channels that only carry non-Ofcom/non-EEA regulated content.

Changes to DTAS licences only affect hybrid terrestrial-internet streaming services. Pure streaming services, like Sky Stream or Virgin Media Stream are covered by existing cable/satellite licences – TLCS licences.


Marc Thornham

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