Media Act 2024: Ofcom publishes draft Code of Practice for Designated Radio Selection Services

On 14 September 2026, Ofcom published its draft Code of Practice for Designated Radio Selection Services (the “Draft Code”) and an accompanying consultation. The Draft Code sets out recommended actions for certain smart speaker providers to comply with their new duties under Part 6 of the Media Act 2024.

Part 6 – Regulating radio for the internet age

Online radio now accounts for more listening hours than analogue, driven largely by internet-connected smart speakers that act as gateways to popular radio services. However, voice assistants acting as intermediaries can influence both access and discovery. In light of this, Part 6 of the Media Act 2024 introduces a new regulatory framework governing the relationship between the UK’s largest smart speakers ("designated radio selection services" or “DRSS”) and “relevant internet radio services” (“RIRS”).

Under Part 6, DRSS providers must take all reasonable steps to secure that:

• users can select RIRS, and cause them to play, by giving spoken commands;
• no items are played before the selected RIRS, and there are no interruptions to the RIRS; and
• the particular method requested by the provider of the RIRS is used by the DRSS provider to deliver the selected RIRS.

DRSS providers must also not charge RIRS providers for fulfilling these requirements.

The Draft Code – key principles

The Draft Code sets out four core recommended actions for DRSS providers to ensure compliance with their statutory duties as described above:

1. Select and play: DRSS providers should maintain systems ensuring RIRS can be selected and played via spoken commands. Systems should identify requested services (including in ambiguous cases) and keep RIRS information current. Sensible carve-outs apply where streams are broken, devices are offline, or users have not configured radio playback.
2. Particular method: Where an RIRS is available through multiple delivery methods (e.g., via the broadcaster's own app, a third-party aggregator, or a platform-integrated route), the RIRS provider can request its preferred method. DRSS providers should accommodate that preference and enable notification of changes; however, DRSS providers need not override user preferences or use a method that is non-functional at the time of request.
3. No unsanctioned interruptions: Once an RIRS starts playing, it should not be interrupted by the platform. DRSS providers may preface the service with a brief identification of the station or third-party facilitator. Advertisements are permitted only with RIRS provider consent, and once again, DRSS providers are not required to act against user preferences.
4. No charging: DRSS providers must not charge RIRS providers (whether through monetary fees or non-monetary arrangements such as data-sharing or advertising inventory requirements) for compliance with the Draft Code. This includes both direct charges and agreements that are capable of breaching this prohibition. 

Ofcom expects to publish a finalised code in spring 2027, with DRSS providers given three months to achieve compliance from such time.

Ofcom will have enforcement tools at its disposal, including formal information-gathering powers, investigation powers, and the ability to impose financial penalties for non-compliance. It will consult separately on updated Enforcement Guidelines and compliance-related fees for both DRSS and RIRS providers.

The CMS view

Compared to Ofcom’s recently released code of practice on PSB prominence (read our analysis here), this approach to radio regulation is much less prescriptive. 

The final code will not be mandatory, but DRSS providers following the code’s recommended actions will be treated as compliant with their statutory duties. In practice, Ofcom is likely to use the code as its compliance benchmark; although given the principles-based nature of the Draft Code, this may end up being a distinction without a difference.

Some other key points to note:

• Ofcom considers the immediate impact on voice assistant providers to be limited, as the recommended actions largely codify existing practice. Whilst it may be factually correct today to say that DRSS providers do not currently charge UK radio stations for carriage or voice-enabled playback, nor insert pre-roll advertisements, the key for DRSS providers will be to ensure that their platforms evolve with these requirements in mind.
• RIRS providers will doubtless welcome the ability to specify a preferred delivery method, and the requirement for DRSS providers to accommodate that preference. However, Ofcom does recognise that DRSS providers are not required to accommodate preferences that aren’t functional at the relevant time, so RIRS providers will need to ensure that their preferred solutions are kept up-to-date as platforms evolve. The regime also does not currently extend to wider commercial or technical arrangements (including onboarding processes) or require voice assistant providers to create new delivery methods. The lack of prescriptiveness in this area therefore affords significantly flexibility on the one hand, but also raises interesting questions about how DRSS providers will be able to comply with this requirement.
• The consultation specifically allows DRSS and RIRS providers to agree on the inclusion of advertising in radio streams, as well as other commercial details. DRSS providers will likely welcome the flexibility, particularly as their platforms (and monetisation methods) evolve.

Crucially, DRSS providers must be able to demonstrate compliance with their statutory duties. DRSS providers are required to publish a compliance statement explaining how they meet their statutory duties. Where a provider follows the code, the statement may provide supplementary detail; where it takes an alternative approach, it must set out that approach and explain how compliance is achieved. Providers will need to consider what monitoring and tracking tools may be required in order to do this. This is one area where the radio regime is more prescriptive than the equivalent regime for PSB apps on connected TV devices.

Interested stakeholders have until 5pm on 9 November 2026 to respond to Ofcom’s consultation. Please do get in touch if you have any questions on the Draft Code or the consultation.