Ofcom issues two consultations: PSB guidance updates and internet programme services designations

On 11 February 2025, Ofcom published two consultations as part of its continued implementation of the Media Act 2024 (the “Act”). The Act aims to ensure that public service broadcasters’ (“PSBs”) content is easily accessible and discoverable on connected TV platforms for audiences.

The Act requires that specific connected TV platforms ensure that certain PSBs’ apps and their public service content, are given prominence on their platform’s UI, and thereby easily accessible to audiences. In return for this benefit, PSBs must ensure their TV apps significantly contribute to delivering their public service remits. These new consultations are being issued to help Ofcom update their guidance for PSBs and designate the internet programme services of PSBs to benefit from the new prominence rules.  

First Consultation: Statement of Programme Policy and Statement of Media Content Policy Guidance

The first consultation proposes updating Ofcom’s guidance for licensed PSBs on preparing their Statements of Programme Policy (“SoPPs”). The SoPP is the document through which licensed PSBs explain how they will meet their public service duties and which audiovisual services they will use. Ofcom’s proposed guidance reflects the Act’s provision of greater flexibility and freedom for PSBs to adapt to the changing needs of UK audiences, necessitating updates to the SoPPs. For the first time, PSBs can use their online and on-demand services to meet their public service obligations.

Second Consultation: Designation of PSB Internet Programme Services

In the second consultation, Ofcom has set out its proposed approach for deciding which PSB TV apps - formally known as ‘internet  programme services’ (“IPS”) - satisfy the conditions set out in legislation to benefit from the new availability and prominence regime:

• Condition 1: Does the IPS make, or is it capable of making, a significant contribution to the PSB’s individual remit? Ofcom will consider each PSB’s individual remit when assessing significance and expect the IPS to generally include all content stated in the PSB’s SoPP (which is intended to fulfil its individual remit).
• Condition 2: Is the public service remit content included readily discoverable and promoted by the IPS? High traffic areas of the homepage and other prominent features of the IPS should predominantly consist of public service remit content. Ofcom will look at how IPS providers plan to achieve this and how their curation strategies will help make public service remit content easy to find. Specifically, IPS providers need to ensure that both news and current affairs, alongside a diverse range of informative, educational, and entertaining content are prominently featured and easily accessible in the high-traffic areas of their IPS.
• Is it appropriate for Ofcom to designate the IPS? Ofcom will consider a PSB’s proposals in its SoPP regarding how the IPS will contribute to its remit, how the IPS will cater to the diverse needs and interests of different audiences and the PSB’s approach to monitoring performance.

Next Steps

Both consultations will remain open for approximately 6 weeks, closing on 25 March 2025, with final determinations expected to be published in summer 2025. 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.