All things VoD Code: what’s happened and what’s next

According to DCMS data two-thirds of households now subscribe to at least one of Netflix, Amazon Prime Video or Disney+, and 85% of viewers use an on-demand service each month compared to 67% watching live television. This shift is the reason the Media Act 2024 (Act) imposes a requirement for major Video On-demand (VoD) services to be subject to enhanced regulation from Ofcom (i.e. over and above the level of regulation that applies to On Demand Programme Services (ODPSs) more generally).

The process for this involves the Government designating certain VoD services as “Tier 1” and for those Tier 1 services to be subject to new standards and accessibility codes, more akin to the standards that have applied for many years to linear television. 

There have been two key developments in this space in recent weeks:

• Further detail on what services will be subject to enhanced VoD regulation; and 
• More detail about what might be coming in the VoD Code on audience protection measures.

Tier 1 Service Designation: Government Statement and Draft Regulations

On 24 February 2025, the government published its statement on the designation of Tier 1 VoD services, alongside a Draft Statutory Instrument. The draft On-demand Programme Services (Tier 1 Services) Regulations 2026 (Draft Regulations) are scheduled to be laid in March 2026 and come into force on 1 April 2026. 

Under the Draft Regulations, VoD services with more than 500,000 average monthly UK users (measured over a 12-month time frame) will be designated as Tier 1. This is widely accepted as capturing services including Netflix, Amazon Prime Video, Disney+ (as well as the commercial PSB VoD services, but excluding the BBC VoD services such as BBC iPlayer, which remain subject to the Broadcasting Code pursuant to the BBC Framework Agreement). However, DCMS has put the number of likely Tier 1 services at more than 20. This is a larger number than was perhaps expected (and a straw poll of the CMS media team struggled to list over 20 mainstream VoD services).  

The Draft Regulations include an exemption for individual channels on video-sharing platforms. But they do extend Ofcom’s jurisdiction to certain non-UK VoD services that target UK audiences.

Tier 1 services must be notified to Ofcom (which is the same requirement today for ODPSs to be notified to Ofcom, except that Tier 1 services will also capture non-UK VoD services) and are required to comply with both the new VoD Code and a VoD Accessibility Code. Tier 1 Services will have one year from publication of the VoD Code to comply, and four years to meet accessibility targets under the VoD Accessibility Code.

The Secretary of State has chosen to include a description of Tier 1 services in the Draft Regulation, rather than a specific list of services. Whilst this allows for flexibility in terms of which services fall within / outside the scope of the new VoD Code, services hovering near the threshold may face regulatory uncertainty.

The exemption for channels on video-sharing platforms might also be expected to come under review in the future with the Government’s statement saying “Separate consideration will be given as to whether further reforms are necessary to futureproof our regulatory regime.”  The perceived gap in regulation for video sharing services under the Media Act is an area the Government has referenced previously - last year the Secretary of State for DCMS called for video sharing platforms to do more to make PSB content prominent.  

Ofcom’s review of Audience Protection Measures on ODPSs

Under the Media Act, Ofcom must assess whether existing audience protection measures (APMs) on regulated ODPSs are adequate to help protect audiences - particularly under-18s - from harm. APMs include age ratings and classification systems, content warnings, parental controls (including PINs) and age assurance measures. In November 2025, Ofcom published the findings of its review, alongside commissioned research on how viewers perceive APMs (not just those used by ODPS but VoD services available to UK audiences more broadly). The findings are significant as they will inform the development of the forthcoming VoD Code and Accessibility Code for Tier 1 VoD services.

Following its review, Ofcom concluded that: 

1. Widespread adoption: ODPS’ use of APMs was considered broadly adequate in assisting them in protecting audiences from harm.
2. Differing approaches: there are different approaches across services, with no single solution or system for audience protection, often reflecting the relevant service’s risk profile. 
3. Adaptation for UK audiences: some global services have adapted their approach to content classification for UK audience content standards, which Ofcom considered important given potential cultural and societal differences in standards and expectations. 
4. Parental controls and PINs: viewers, and particularly those with parental responsibility, like these controls, and consistent controls across devices helps parents navigate VoD services. However, there is inconstancy in how the tools operate across different devices. 
5. Content warnings: viewers prefer when content warnings are clear, specific and easy to understand, with fuller information around challenging issues, and that warnings are provided at episode level (rather than just for the entire season or series). Ofcom also observed that using a combination of ratings and content warnings together empowered audiences in making informed viewing decisions.
6. Lack of information: services could provide more detail to audiences on what protection tools exist to protect them from harm, as well as where to find and utilise such information. 
7. Proportionality: the importance of proportionality was highlighted, with audiences generally favouring protections that address risk without creating unnecessary friction in the viewing experience or raising data privacy concerns. 

In practice, APMs will operate as a key compliance mechanism under the VoD Code. Where potentially harmful content is permitted, robust and proportionate APMs are likely to be central to demonstrating compliance with standards on safeguarding under-18s, protecting the wider public from harmful or offensive material, and ensuring due impartiality in news content. 

Notably, the Act extends Ofcom’s jurisdiction to certain non-UK ODPS that target UK audiences. Ofcom has indicated that it will assess the adequacy of APMs used by such overseas providers, reinforcing that audience protection expectations will apply irrespective of place of establishment where services are brought within scope. For global streamers accustomed to operating under lighter-touch regulation in the UK, this could represent a significant shift. 

Ofcom’s findings of APMs on ODPS paint a broadly positive picture of current industry practice, but the real test will come when the VoD Code translates these expectations into  regulatory standards. For example, a requirement for episode-level content warnings in particular could prove operationally demanding for services with extensive back-catalogues.

In terms of next steps: 

1. VoD Code: following the designation of Tier 1 Services on 1 April, Ofcom will consult on a proposed VoD Code. 
2. Accessibility Code for VoD services: Ofcom is expected to publish a consultation on a new Accessibility Code for VoD services, setting out the level of accessible programming they are expected to provide and how they should do so.

Operators will then have a grace period for compliance, which is 1 year from publication of the VoD Code for content standards, and 4 years from publication for accessibility requirements.

We are watching the Media Act’s progress along the roadmap for implementation, so keep an eye out for our updates on our dedicated CMS Media Act Tracker. If you would like to discuss any aspect of the Media Act or how it may affect you, please get in touch.

Co-Authored by Helena Thornby, Trainee Solicitor at CMS