TV and the Media Act – What you need to know about Ofcom’s latest publications
It’s been a busy summer for Ofcom thus far as they continue their implementation of certain parts of the Media Act. Last month, it published:
- a consultation setting out how Ofcom has assessed television selection services (“TSS”) and its draft recommendations to the Secretary of State for designations under Part 2 of the Media Act 2024 (the “Act”);
- its final statement on Designation of Public Service Broadcasters’ Internet Programme Services, setting out how it will decide which PSB TV apps may benefit from the availability and prominence regime under the Act;
- its revised Guidance for Public Service Broadcasters on Commissioning Codes of Practice; and
- its updated Statement of Programme Policy and Statement of Media Content Policy Guidance.
TSS Consultation
Part 2 of the Act introduced a new online availability and prominence regime under which regulated connected TV platforms, also referred to as regulated TSS (“RTSS”) (i.e. as a TSS designated by the Secretary of State), must ensure BBC iPlayer and any other public service broadcaster (“PSB”) TV players are available, prominent and easily accessible. As the Secretary of State will designate which TSS should be regulated, based on Ofcom’s recommendation, Ofcom is consulting on its recommendations.
On 23 April 2025, Ofcom published its final Statement of Principles and Methods setting out the principles and methods it would follow when making such recommendation (see our previous article for further information). In summary, in reaching its recommendations, it has considered:
- the number of UK users of each TSS and whether that number is significant;
- the manner in which the TSS is used;
- whether the TSS is capable of functioning as an RTSS, including any necessary modifications; and
- any other matters Ofcom considered likely to affect the above issues.
1. Number of users and manner of use
After having identified the number of TSS installed on internet television equipment (“ITE”) devices in UK homes actively used in the last year, Ofcom recommends setting the threshold for designating a TSS at 700,000 active users. This is equivalent to around 1% of the total market, which Ofcom considers will ensure public service content is widely available.
Where multiple TSS versions are in use, Ofcom proposes that the designation only apply to the currently available versions (i.e. on the market in July 2025), as well as any future versions made available while the designations are in place. Ofcom also considered the level of adoption by demographic but did not consider this to be a significant factor.
2. Technical functionality of TSS
When assessing whether each RTSS candidate was capable of functioning as a RTSS, Ofcom considered whether it could:
- carry designated internet programme services (i.e. any internet programme services provided by the BBC or any other PSB (or person associated with a PSB) that Ofcom designates);
- present internet programme services (i.e. services with the principal purpose of providing programmes delivered by the internet) (“IPS”) and programmes with different levels of prominence; and
- include features to ensure it is accessible to people with disabilities.
3. Additional relevant matters
Finally, Ofcom considered two additional key factors that could influence the designation of a TSS to RTSS: demographic factors and declining active usage.
As Ofcom found no significant variation between different demographics (i.e. age, income, region), it concluded that demographic differences would not justify designating or excluding any candidate. Turning to declining active usage, Ofcom assessed whether a candidate for RTSS is likely to have declining use below the 700,000 active user threshold in the next few years. It was considered that, out of all 15 candidates, only one was unlikely to remain above the threshold and therefore would not be recommended for designation.
4. Ofcom’s recommendation
Following the above assessments, Ofcom proposes to designate 14 TSS candidates. As might be expected, the 14 include devices/operating systems from major traditional TV platforms as well as all of the key suppliers of smart TVs and dongles/pucks (the list is set out on page 29).
5. Next steps
The consultation will remain open until 16 September 2025, following which Ofcom will publish a final report in Autumn 2025 setting out its conclusion. The Secretary of State will then consider the final report when determining which TSSs to designate and will do so in the form of secondary legislation.
Later in the year, Ofcom will also consult on a code of practice setting out how RTSS providers may comply with their prominence and accessibility requirements as well as guidance for how RTSS providers and providers of designated internet programme services can act consistently with the ‘agreement objectives’ set out in the Act.
Statement on Designation of PSBs’ IPSs
In February 2025, Ofcom ran a consultation on how it proposed to determine which PSB IPSs (i.e. which of their TV apps) may benefit from the availability and prominence regime under the Act. Having considered stakeholder responses, which were largely supportive of the draft Statement, Ofcom have decided to proceed with the Statement as substantively set out in the consultation (for more information see our article published at the time here).
Ofcom has made two minor changes to it’s initial draft Statement relating to information about the promotion and discoverability of public service remit content and by updating the application process (whereby IPS providers will now be able to apply to benefit from the regime during two application windows a year, starting in January 2026).
Revised Guidance for PSBs on Commissioning Codes of Practice
The Act includes transparency requirements under which PSBs must provide independent producers with information on the application of their Commissioning Codes of Practice. Following a consultation it ran in January 2025, Ofcom has published its final guidance for PSBs in relation to such Codes, which are not expected to take effect before 1 January 2026.
The guidance, previously unchanged since 2007, now includes amendments to:
- update the guidance’s objectives to take account of PSBs’ revised remits;
- reflect the fact that PSBs can now use their on-demand players to meet independent production quotas;
- uphold transparency by ensuring independent producers are aware of the Code prior to negotiations;
- require PSBs to retain sufficient information about commissions to demonstrate compliance with their Codes, instead of sending annual reports to Ofcom; and
- update language within the guidance to reflect current market commissioning practice and terminology.
Ofcom has decided not to remove the prohibition against PSBs seeking ‘matching rights’, nor to relax the prohibition against PSBs seeking to ‘bundle’ primary and secondary rights when negotiating a commission. PSBs will be expected to update their Codes in line with the new guidance.
Updated Statement of Programme Policy and Statement of Media Content Policy Guidance
Following a consultation in February 2025, Ofcom has published its final Statement of Programme Policy and Statement of Media Content Policy guidance (for more information, see our previous article here). Ofcom’s guidance updates how PSBs - namely Channel 3 licensees, Channel 4 (C4C), and Channel 5 - should prepare their Statements of Programme Policy (SoPPs), and, for Channel 4, how to integrate those with Statements of Media Content Policy (SMCPs).
The guidance aims to help PSBs prepare SoPPs - with transparency and accountability at the forefront. It also sets out the components that should be found in a SoPP, including how a PSB plans to meet its remit for the upcoming year and an assessment of its performance from the previous year.
Channel 4 can integrate its SoPP and SMCP into a single Combined Plan and Combined Review. The Combined Plan must address remit delivery (innovation, diversity, education, distinctiveness for Channel 4) and cover media content duties - such as producing culturally diverse material, films, news, content for young adults, and films reflective of UK culture. The Combined Review must assess performance on both remit delivery and quotas but also the fulfilment of media content duties. The Plan would need to be published by 31 December in advance of an upcoming calendar year, with the Review being published before 30 June the following year.
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. If you would like to discuss any aspect of the Media Act or how it may affect you, please get in touch.
