FAST Channels and the Future of EPG Regulation in the UK

Between the reforms brought about by the Media Act 2024, and the recently-released Green Paper on the future of UK media (read our Legal Update on this here), much consideration is being given to whether the current UK media regulatory landscape is fit for present (and future) purposes.

In this context, one topic that has been receiving attention is the regulation of FAST channels and, crucially, the electronic programme guides (“EPGs”) through which they are accessed.

FAST channels - free, ad-supported streaming channels delivered over IP - have proliferated rapidly, particularly across connected TV platforms. However, their regulatory status has for some time now depended on a critical distinction: whether the EPG on which they appear is “regulated” or “unregulated”. This distinction has created a regulatory gap. This article examines the current position, the Government’s proposals to address this gap, and what these developments mean for EPG providers and FAST channel operators alike.

To regulate or not to regulate – what a great question!

In contrast with traditional linear television channels, FAST channels are generally not licensed by Ofcom unless they are made available on a “regulated EPG”.

A “regulated EPG” has until recently been defined in legislation as one that was regulated at the point the UK left the European Union (the full list is available here). The regulatory consequences of being an unregulated EPG are significant:

• channels on unregulated EPGs do not need an Ofcom broadcast licence unless they also appear on a regulated EPG. As part of the process of obtaining a broadcast licence, traditional linear channel providers are assessed by Ofcom as to whether they are “fit and proper” to hold a licence. Unlicensed channels do not go through this vetting process. Broadcast licences also contain conditions with which licence holders must comply, including quotas for European works, restrictions on changing the nature of the service, record-keeping, and the payment of fees to Ofcom. Unlicensed channels are not bound by these conditions; 
   
• because these channels do not need an Ofcom licence, they are not bound by Ofcom’s Broadcasting Code. This means that:
  
  • requirements for duly accurate and impartial news do not apply;
  • watershed protections do not apply, meaning content unsuitable for under-18s could be made available at any time;
  • protections for audiences from harmful or offensive material do not apply; and
  • certain accessibility requirements do not apply; and
     
• these EPGs do not need to comply with the Ofcom EPG Code. This means that:
  • the EPG provider is not required to ensure the fair, reasonable, and non-discriminatory treatment of the channels that appear on the EPG, although in practice they may do so voluntarily;
  • the EPG provider is not required to ensure that assistance is provided for people with disabilities, in particular those affecting sight, hearing, or both; and
  • the EPG provider is not required to afford public service channels appropriate prominence in the same way as regulated EPGs.

Proposals for reform

The UK Government has been considering this gap for some time. In 2023, the previous administration issued a consultation on the regulation of additional EPGs, intended to gather evidence from interested parties. Following a hiatus of three years, in February 2026, the Government published a summary of the responses to the 2023 consultation and a statement on the future regulation of EPGs, which sets out a two-staged approach to the future regulation of unregulated EPGs and the channels appearing on them:

• Stage 1: Extending the scope of regulation
  • Stage 1 of the Government’s proposal was to bring certain categories of unregulated EPGs within the scope of the UK’s EPG regulatory regime. Accordingly, on 16 June 2026, the Regulated Electronic Programme Guide (Prescribed Description and Transitional Arrangements) Regulations 2026 came into force, which brings two new categories of EPGs within scope:
    
    1. unregulated EPGs that are being operated by providers of regulated EPGs (e.g., the Sky Glass EPG); and
    
    2. so-called “portal EPGs”, or unregulated EPGs that can be accessed via a channel slot on a regulated EPG.
     
  • In terms of timings for implementation:
    • If the EPG is provided by an existing regulated provider or a “closely linked provider”, the EPG provider has until 1 December 2026 to obtain a licence.
    • If the EPG is in scope because it can be accessed through a regulated EPG (i.e., a portal EPG), the EPG provider has until 1 June 2027 to obtain a licence.
    • Providers of any other service requiring a licence, such as FAST channels accessed via either of the categories of EPG mentioned above, will have until 1 December 2027 to obtain a licence.
       
• Stage 2: Longer-term ambitions
  • For Stage 2, as part of a longer-term piece of work, the UK Government intends to consider how to consistently regulate mainstream providers delivering “similar and competing TV-like services”, which we take to mean FAST channels or similar offerings. Since the Government first published its February 2026 statement on Stage 2, DCMS has further developed its thinking as part of the June 2026 Green Paper (referred to above) entitled “Watch this Space: A new strategic direction for UK media”. Whilst the Green Paper doesn’t specifically mention FAST channels, it appears to be part of the next phase of the Government’s Stage 2 work.
     
  • The Green Paper acknowledges that the UK’s television landscape is undergoing a rapid, technology-driven transformation that is fundamentally challenging the traditional regulatory framework originally designed for the analogue broadcasting era. Whilst the Green Paper cites the work undertaken as part of “Stage 1” as a step in the right direction (amongst other steps, including the development of a Tier 1 VOD Code to bring the regulation of the UK’s largest VOD services more in line with the regulation of linear channels (read our analysis of this here)), DCMS also notes that what constitutes “television” continues to change such that, “[i]n the longer term, the regulatory framework is likely to need fundamental reform, so that it reflects a wholly digital environment.”
     
  • In light of this, the Green Paper indicates that the Government will undertake a period of stakeholder engagement to consider how best to take forward reform in this area. Notably, this could include an eventual shift away from a regulatory system based on how content is delivered, to one that focuses on where audiences find and consume TV-like content, ensuring consistent standards and protections on a platform-agnostic basis.  

So… What does this mean for the industry writ large?

Unregulated EPG providers who anticipate falling within scope of the new designations should begin preparing now. The Ofcom licensing process typically takes four to five weeks, but may take longer depending on the complexity of the application. Beyond obtaining a licence, these providers will need to assess what changes are required to bring their EPGs into compliance with Ofcom’s EPG Code, including obligations around prominence for public service channels and accessibility requirements.

FAST channel providers face a more extended timeline, with a deadline of December 2027 to obtain broadcast licences from Ofcom where their channels appear on newly regulated EPGs. Once licensed, these channels will be subject to the full weight of Ofcom’s regulatory framework. Providers will need to evaluate carefully whether operating FAST channels on regulated EPGs remains commercially viable, taking into account quotas, the costs of compliance, annual licence fees payable to Ofcom, and rules governing the amount, scheduling, and content of advertising on linear channels. It remains to be seen whether Stage 2 of the Government’s work on this topic will result in a new regime for FAST channels – so watch this space.