Background
The Media Act 2024 (the “Act”) introduces significant changes to the listed events regime (see our previous articles here and here), which will now apply to both linear television channels and services which show live coverage of listed events to audiences in the UK (e.g. online streaming services). This reflects the evolving media landscape and the increasing importance of digital and streaming services in sports broadcasting. Under the Act, Ofcom must:
- Define key terms used in the regime by making regulations. This includes terms such as “live coverage”, “adequate live coverage” and “adequate alternative coverage”. These definitions are crucial for determining when the regime applies and the conditions for authorisation to broadcast live coverage of listed events; and
- Prepare a revised Code on listed events, to reflect the changes made by the Act. Among other things, this will guide service providers on the process for obtaining Ofcom’s consent (where required) to show live coverage of listed events.
To carry out the above, Ofcom recently consulted on its proposals. To inform these, in July 2024, Ofcom published a call for evidence to seek input on how changes in audiences’ viewing preferences and technology have impacted the viewing of listed events. Further, it subsequently commissioned a report on the trends and dynamics in the sports broadcasting sector.
Key proposals
Defining “live coverage”
Ofcom proposes to define “live coverage” as coverage of the relevant event made available as it happens (i.e. depicting the play or activity taking place at that time). It also proposes expanding the definition to include “watch from the start”-type functionalities, which enable viewers to restart live events from the beginning while they are still in progress. This aims to reflect modern audience expectations and the prevalence of such features on digital platforms. Further, Ofcom proposes not to include on-demand content (e.g. coverage made available up to 48 hours after the relevant event has ended) within the definition, pointing out that Parliament had chosen not to do so.
Defining “adequate live coverage” of multisport events
The Act aims to ensure that there is at least an “adequate level of coverage” on Category 1 services (i.e., broadly speaking, services provided by public service broadcasters (“PSBs”) of multiport events (i.e. events which involve different sports such as the Olympic and Commonwealth Games). Under the Act, a provider will be automatically authorised to broadcast live coverage of multiport events provided that rights to show “adequate live coverage” are held by at least two “television programme services” in the other category (i.e. if the first provider is a non-public service broadcaster, a PSB must have the right to show the event on at least two channels or online services). Such services are referred to as “additional services”.
Ofcom proposes to:
- define “adequate live coverage” generally (rather than by reference to particular circumstances), so that the same requirements apply to all multisport events, regardless of their group;
- in relation to the additional services, not increase the minimum level of simultaneous services beyond the two set out in the Act or impose a minimum duration for these; and
- to qualify, require the additional service provider to have editorial control over which events are shown on its stream (both online and via broadcast) and the rights to include a “watch from the start” functionality.
- This approach recognises the practical challenges of covering multisport events, where multiple disciplines occur simultaneously, and balances the interests of rights holders, broadcasters, and audiences.
Defining “adequate alternative coverage” for Group B events
For Group B events (i.e. events that may not be broadcast live on an exclusive basis unless adequate provision has been made for secondary coverage), Ofcom proposes:
- where Category 2 (non-PSB) service(s) are automatically authorised to show live coverage, that the rights to adequate alternative audiovisual coverage must be acquired for Category 1 (PSB) services. However, where Category 1 service(s) are automatically authorised to show live coverage, the rights to adequate alternative audiovisual coverage may be acquired for service(s) in either category. This reflects the reality that pay-TV services are unlikely to acquire highlights coverage of events that have been on free television;
- requiring that, for automatic authorisation to apply, the rights should allow the service provider to both broadcast and/or make the coverage available on-demand, in a format of their choosing;
- maintaining the minimum duration requirements for secondary coverage set out within the existing Code;
- with regards to when alternative audiovisual coverage can be shown on relevant services, maintaining the existing contractual delays which can be imposed;
- requiring that the provider acquiring the right must make the alternative audiovisual coverage available for access via on an on-demand programme service for a minimum of 24 hours after it was first shown or made available to users; and
- updating the requirement for live radio commentary to require the person acquiring the radio rights to also provide an online stream.
Revising the Code
The revised Code aims to be more user-friendly and transparent, providing clear guidance on when Ofcom’s consent is required and the process for obtaining it.
Notably, Ofcom proposes to move to an online form to apply for consent (rather than by email) and to extend the application deadline to no later than six months (rather than three) before the proposed date of transmission of the event, reflecting the complexity of rights negotiations and the regulatory process.
Ofcom has emphasised that it will not grant consent for a service provider to show live coverage of Group A events where it has the exclusive right to do so. This aims to align with the Act’s objective of ensuring wide and free access to listed events.
Next Steps
Following the closure of the consultation on 8 August 2025, Ofcom intends to publish a final statement, make the Regulations and issue the revised Code in late 2025, with the updated regime expected to take effect in 2026. For the latest updates, 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.
