Ofcom continues implementation of Part 5 of the Media Act
Background
On 1 July 2025, Ofcom published a consultation as part of its implementation of Part 5 of the Media Act 2024 (the “Act”). Under this, Ofcom may include such conditions as it considers appropriate in local analogue commercial radio stations’ licences to ensure the regular broadcasting of local news and information.
As part of its consultation, Ofcom is seeking feedback on:
- proposed new licence conditions relating to the provision of local news, locally-gathered news and local information;
- a proposed amended licence condition relating to the “Public File”; and
- proposed new guidance setting out how licensees may comply with such conditions.
Overview of Ofcom’s proposals
1. New licence conditions
Local news
Ofcom proposes that the following new condition be added to the licence of a majority of licensed radio services:
Local news must be broadcast on the Licensed Service at least hourly between 06.00 to 19.00 (inclusive) on weekdays and on at least three suitably spaced occasions between 07.00 to 12.00 on weekends.
Ofcom considers this proposal as both recognising the importance of local news to listeners and ensuring that it is broadcast regularly when the largest portion of radio listening takes place. Ofcom has referred to this level of news requirement as being “full service”. However, this condition will not be imposed on a small number of licensed radio services with a very low turnover (see below).
Further, Ofcom proposes that the definition of local news set out under section 314(7) of the Communications Act 2003 also be incorporated into the licence and that existing licence conditions in relation to local news be removed.
Locally-gathered news
Under the Act, Ofcom must ensure that local news broadcast on local analogue commercial radio stations “consist of or include locally-gathered news”. To achieve this, the following condition is proposed:
The local news broadcast on the Licensed Service must consist of, or include, news gathered within the coverage area of a local radio multiplex service that to a significant extent includes the coverage area of the Licensed Service (or, where there is no such multiplex, within the coverage area of the Licensed Service) by persons who gather news in the course of an employment or business.
Ofcom proposes that this condition apply to all licensed services subject to the “full service” requirement set out above. This proposal is designed to ensure services maintain a physical presence in the local area and keep the news relevant to listeners. Ofcom does not propose to specify how much local news must be locally-gathered or how frequently it should be broadcast, but licensees must be transparent on how they gather local news in their Public File.
Licensees with very low turnover
In relation to licensees whose relevant turnover (as defined in Ofcom’s Statement of Charging Principles) is less than £50,000 per annum, Ofcom proposes that the following licence condition be put in place rather than the above:
Local news must be broadcast on the Licensed Service on at least three suitably spaced occasions between 06.00 to 10.00, and at least three suitably spaced occasions between 16.00 to 19.00, on weekdays. On weekends, local news must be broadcast on the Licensed Service on at least three suitably spaced occasions between 07.00 to 12.00.
This acknowledges that the licence conditions may otherwise have a significant impact on the licensees and create a significant risk of their closure. Ofcom also proposes not to require the provision of locally-gathered news for such licensees.
Local Information
To ensure local analogue stations regularly broadcast local information, Ofcom proposes the following condition:
Local information must be broadcast on the licensed service regularly between 06.00 to 19.00 on weekdays and weekends.
As with the locally-gathered news condition above, Ofcom proposes that “local information” also be defined as set out in the section 314(7) of the Communications Act 2003. Similarly to the above, Ofcom will not be prescriptive about the frequency (beyond being regular), volume or nature of local information broadcast but will include a transparency requirement which licensees will need to reflect in their Public File.
2. Public File
Ofcom proposes amending its existing licence condition in relation to the Public File, requiring fewer licensees to be transparent about how they meet licence conditions in relation to local news and removing the requirement that they include information about the provision of local material and locally-made programming. Ofcom therefore proposes that the existing licence conditions be replaced with the below:
The Licensee must maintain an up-to-date Public File in respect of the Licensed Service.
The Licensee must make the Public File available online and ensure that it contains at least the following information:
- Details of when listeners can ordinarily hear local news on the Licensed Service;
- Details of the arrangements that the Licensee has in place for ensuring that its broadcasting of local news consists of or includes news which is locally-gathered;
- Details of when listeners can ordinarily hear local information on the Licensed Service.
However, subsection (b) above would not apply to licensees who are not required to broadcast locally-gathered news.
3. Proposed new guidance
Ofcom’s proposed guidance provides guidance on local news and information content, the frequency of local news and information provision, the Public File and the meaning of locally-gathered and the relevant “local” areas for each station.
Next Steps
The consultation will remain open until 22 September 2025. Ofcom will then publish a statement setting out its conclusion later this year. Ofcom will then implement the changes by varying all relevant local commercial radio licences in accordance with section 86(5) of the Broadcasting Act 1990, with variations taking effect six months after the date of the Ofcom’s final variation notice.
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.
