Ofcom consultation on guidance for C4C’s Statement of Commissioning Policy closes

Background

Under the Media Act 2024 (the “Act”), the “publisher-broadcaster restriction” previously imposed on Channel 4 Corporation (“C4C”) has been repealed, enabling C4C to produce its own programmes for Channel 4. The Act also imposes new duties on C4C to:

• enable competition for commissions it conducts to make programmes that will be included on its services;
• facilitate fair competition for such commissions;
• put in place procedures for referring disputes to mediation; and
• prepare a Statement of Commissioning Policy (“SoCP”) setting out how it will fulfil the above duties in the coming year (the “SoCP Plan”) and reviewing how it met these in the previous one (the “SoCP Review”).

In preparing the SoCP, C4C must have regard of Ofcom’s guidance. As such, Ofcom recently consulted on its proposed draft guidance.

Ofcom’s Proposal

Ofcom proposes that, as a minimum, C4C’s annual SoCP should cover the steps it intends to take and has taken in relation to the:

1. operational separation between C4C and its in-house production capacity (“C4P”). This should include how the entities are maintained separate (e.g. company structure and governance, financial reporting, reporting lines, operational separation), how C4C’s employees will ensure they do not put themselves in a position in which a conflict of interest with C4P may arise, and how it will ensure the entities do not share information which could undermine fair competition;
2. fair access to commissioners for the purpose of submitting programme ideas. C4C should clearly set out eligibility criteria for submitting programme ideas to commissioners, how its procedures will facilitate fair and reasonable access to commissioners to make such submissions and how it will continue to engage with a wide range of producers across the UK;
3. fairness and transparency in relation to C4C’s commission process. C4C should set out its procedures for ensuring that all producers see available commissioning opportunities at the same time, clearly communicate any changes to the process and set out timelines for decision-making (e.g. by setting targets); and
4. resolution of disputes with regards to fair competition for commissions. The SoCP should clearly set out the process for resolving disputes and which applies to which circumstances.

Further, if changes are made to the processes or documents referred to by C4C in its SoCP Plan, C4C should clearly communicate these to Ofcom and any affected parties, capturing any revised documents or processes in the following SoCP Plan.

SoCP Review

Ofcom suggests this include an evaluation as to whether the previous year’s goals were met and, if not, the reasons why and how this will inform future SoCP Plans. Ofcom also suggests C4C note in the SoCP Review, among other things, (i) the number of published commissioning briefs, (ii) the number of complaints submitted and the nature and outcome of these and (iii) information on commissioning priorities and how these were communicated.

C4C has also indicated that it will report on the number of commissions awarded to C4P versus other producers and will review its overall performance compared to its Commissioning Guidelines.

Next Steps

The consultation closed on 1 August 2025. Ofcom is now expected to publish its final guidance by Autumn 2025.

It should be noted that, at least every five years, Ofcom will need to review and verify the extent to which C4C discharged its new duties under the Act and prepare a report.

For the latest updates on the Media Act 2024, please refer to Ofcom’s interactive timetable.

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.