The new Media Act means broadcasters can deliver some of their public service content via streaming services instead of on traditional broadcast channels. Ofcom is now considering how to implement rules that ensure content can be easily found by viewers.
- New rules aim to make sure viewers can easily find content that’s moved online.
- Ofcom must decide which TV apps should be given prominence on connected TV platforms.
Broadcast regulator Ofcom has today published two consultations as part of its implementation of the Media Act. These new laws seek to ensure, among other things, that audiences can easily find and discover public service broadcasters’ content on connected TV platforms, and that they are well served by this content.
Specifically, the new laws require certain connected TV platforms to ensure that the apps published by the Public Service Broadcasters (PSBs), including BBC iPlayer, ITVX, Channel 4 Streaming, My5, STV Player, S4C Clic – as well as their public service content, are available, prominent, and easily accessible to audiences.
In return for these new benefits, the PSBs must ensure that their TV apps make a significant contribution to the fulfilment of their individual public service remits.
Managing the shift of certain programmes online
The Media Act gives the PSBs more flexibility and freedom in how they serve and meet the changing needs of UK audiences. For the first time, the PSBs will be able to use their online and on-demand services to meet their public service obligations.
For example, Channel 3 licence holders ITV and STV have an obligation to screen a certain amount of regional programming, mostly through news bulletins. Previously, ITV and STV had to fulfil their regional quota by making regional content available on ITV1 or STV. In the future, the broadcasters may decide to deliver some content via ITVX or STV Player instead of the main broadcast channel.
To ensure transparency and accountability, the Media Act requires broadcasters to set out how each service they plan to use will contribute to their obligations. Licensed PSBs (Channel 3 licensees, Channel 4 and Channel 5) set out this information through broadened Statements of Programme Policy.
Given these changes, Ofcom’s first consultation sets out proposals for updating its guidance on the information provided in their Statements of Programme Policy.
Which apps deserve to gain prominence?
At the moment, the main public service channels must be prominently displayed on TV channel guides. The main five channels must occupy the top five slots. In Wales, S4C takes the fourth channel, but Channel 4 must be found close by, just outside of the top 5. Rules also apply to BBC Three, BBC Four, BBC Alba and BBC Scotland, which must be found in the first 24 slots in the channel guide.
As part of the shift online, the Media Act extends the concept of prominence to streaming services and devices. So for example, a smart TV manufacturer would need to make sure that certain apps are more prominent than others.
Part of Ofcom’s role in implementing these new rules is to decide which PSB TV apps – also known as ‘internet programme services’ (IPS) – satisfy the conditions, set out in legislation, to benefit from the new availability and prominence regime. Any app that meets those requirements will be “designated”.
Criteria
The BBC iPlayer will be automatically designated. However, Ofcom will need to officially review other PSB TV apps like ITVX and My5 before it can officially designate them.
The Media Act sets two conditions that must be satisfied for Ofcom to be able to designate:
- Does the IPS make, or is it capable of making, a significant contribution to the PSB’s individual remit?
- Is the public service remit content included in the service readily discoverable and promoted by the IPS?
Ofcom must also consider that it is appropriate to designate the IPS. Its second consultation sets out its proposed approach to taking decisions on whether or not the PSBs’ IPS meet these criteria.
The end result should be an app list that counteracts the current practice of large multi-national streaming apps buying a top slot in the app tray on some devices. However, it won’t outlaw the practice of streamers signing deals with manufacturers to include dedicated and prominent app shortcut buttons on remote controls.
Ofcom is seeking responses by 5pm on 25th March 2025. It expects to publish its final decisions in the summer.
By: Marc Thornham |