Prominence and accessibility on connected TV platforms: draft code and guidance

One of the key drivers of the Media Act was the requirement to update the public service broadcaster (“PSB”) prominence regime to include prominence of PSB apps on connected TV platforms, reflecting modern day viewing habits. The implementation of this element of the Act is progressing.

Designation of TV Selection Services (“TSSs”)

In December 2025 OFCOM published its final report to the Secretary of State recommending which connected TV platforms, referred to as TSS, should be designated. Fifteen platforms have been recommended for designation. The list of platforms is set out on page 30 of OFCOM’s final report. A (not very scientific) survey of the CMS media team’s viewing habits confirmed OFCOM’s view that all fifteen are widely used by UK viewers. Designation, when finalised, will place duties on these TV platform providers to ensure that designated PSB TV apps (including BBC iPlayer) and the public service content featured in those apps are available, prominent and accessible on their UIs.

Ofcom confirmed its view that platforms should be designated on an individual basis (rather than by using a description) and that the threshold for designating a TSS should be 700,000 active users. Where multiple versions of a platform interface exist, the designation would only apply to the versions available on the market in July 2025 and subsequent versions.

It is now for the Secretary of State to make the decision as to which TSS should be designated as regulated platforms – so-called RTSSs.  She is widely expected to follow the Ofcom recommendation.

Designation of PSB internet programme services

Rather than the Secretary of State, it’s OFCOM that decides on the PSB apps that will benefit from the new prominence regime, although BBC iPlayer is designated in the Media Act itself. Whilst OFCOM has not yet formerly designated the remaining PSB apps, PSBs are now able to apply to OFCOM for designation. OFCOM will consider these applications based on whether the particular PSB app makes a significant contribution to the relevant PSB remit. However it is expected to designate ITVX, the Channel 4 and Channel 5 streaming apps, STV’s and S4C’s players – so no surprises there.

Once designated, these PSB providers must offer the designated IPSs (“DIPS”) to regulated TV platforms and those regulated platforms must include them on their services, what is known as the “Must Offer, Must Include” obligation (while technically this element of the Act doesn’t apply to the BBC, the BBC is subject to a similar regime under its Charter and Agreement.). The “Agreement Objectives” in the Media Act – see more below - are designed to underpin how this will all work in practice, with OFCOM essentially appointed to police them.  

Draft Code of Practice for Regulated Television Selection Services

Most recently, in January, OFCOM opened a consultation on a Draft Code of Practice for Regulated Television Selection Services and accompanying guidance on the “Agreement Objectives”. The consultation remains open until 25 March 2026.

OFCOM’s draft Code of Practice sets out a series of recommendations for how regulated TV selection services (“RTSSs”) can comply with their obligations under the Media Act to provide prominence to DIPSs and regarding accessibility. Compliance with the Code is not mandatory. Providers of RTSSs can choose to deliver against the PSB prominence and accessibility obligations in other ways, but compliance with the Code will lead to a presumption of compliance with a provider’s statutory duties and so will no doubt be safest route.

Draft Guidance on Agreement Objectives

Ofcom is additionally consulting on guidance to help providers comply with the statutory “Agreement Objectives” when agreeing terms for the inclusion of PSB players on connected TV platforms. Whilst RTSSs and DIPSs are subject to the Must Offer, Must Include regime, the expectation is still of a commercial negotiation between the parties to agree the specifics, with OFCOM having powers to help resolve disputes that arise, but only as a back-stop.

The statutory “Agreement Objectives” are as follows:

• DIPSs and their public service content should be given an appropriate degree of prominence on RTSSs;
• The arrangement between the parties should not adversely affect a PSB’s ability to deliver on its PSB remit; and
• The arrangement between the parties should not disproportionately restrict how RTSS providers innovate on their UIs.

OFCOM’s guidance focusses on payment issues, with the general principal being that terms that are reasonably necessary for the inclusion of DIPSs in RTSSs and for DIPS to receive appropriate prominence should not require payment. Terms that are “reasonably necessary”, so-called “core terms”, would include the provision of metadata required to integrate PSB content with the UI as well as obligations relating to technical work required to include PSB players and any necessary testing or certification.

Payments may however be negotiated for non-core terms and OFCOM gives some examples of non-core terms including terms relating to advertising functionality, such as dynamic ad insertion and ad skipping.

Whilst PSBs will welcome the clarification that they do not have to pay for the level of prominence mandated by the Act, negotiations between app providers and platforms are already complex. It remains to be seen whether OFCOM’s guidance and the distinction between core and non-core terms reduces or adds to that complexity.  Similarly, working out what contractual commitments should be given in terms of prominence for disaggregated content is complex, especially given that agreement negotiations are bilateral, yet each RTSS is required to provide content prominence to all DIPS in the round. We expect providers on both sides of the equation to have views on these issues.