A year ago on 24 May 2024, the Media Act 2024 (the “Act”) became law, constituting the biggest overhaul of the UK’s media regulatory landscape in over twenty years. Designed to modernise the framework for public service broadcasters (“PSB”), video-on-demand (“VoD”) services, and commercial radio and other media services, the Act aims to align UK regulation with its evolving digital media environment. A year on from its enactment, we examine the progress of the Act’s implementation and what to expect in the coming months.
What has been achieved one year on and what’s to come?
On 15 August 2024, the government issued the first meaningful piece of secondary legislation following the Act’s enactment, the Media Act 2024 (Commencement No. 1) Regulations 2024 (the “Commencement Regulations”). Most of the commenced provisions covered functional agenda items, but the Commencement Regulations did instigate the operation of parts of the “bigger-ticket” initiatives, such as the new prominence framework and the VoD Tier 1 regime.
i) PSBs and the new prominence framework
The Commencement Regulations partially commenced a new prominence regime for PSB on-demand services. This regime mandates that connected TV platforms ensure the availability and prominence of designated PSB TV apps (such as – currently – BBC iPlayer and ITVX). While some provisions, such as the designation and must-carry/must-offer obligations, are yet to be formalised, Ofcom has run consultations to take inputs on its implementation of these key parts of the Act affecting PSBs (see below).
On 22 October 2024, the Department for Culture, Media and Sport (“DCMS”) issued the Internet Television Equipment Regulations 2024. These came into force in November 2024, and clarify a key aspect of Part 2 of the Act (concerning the new prominence rules) by confirming that smart televisions and streaming devices are considered “internet television equipment” under the Communications Act 2003. Therefore, the only designated platforms which will be required to carry and give appropriate prominence to PSBs’ TV apps (or “internet programme services” under the Act) are those involving smart TVs and/or streaming devices.
We still await any substantive proposals as regards which specific platforms will be regulated, though Ofcom has undertaken a number of consultations and issued a number of RFIs as part of its information gathering exercise.
On 11 February 2025, Ofcom launched two further consultations. The first consultation, tied to the same prominence issues as discussed above, involved Ofcom setting out its approach for determining which PSB TV apps satisfy the conditions set out to benefit from the new availability and prominence regime. The second consultation concerned the update to Ofcom’s guidance for licensed PSBs on preparing their Statements of Programme Policy, which is the document through which licensed PSBs explain how they will meet their public service duties.
The Act also includes new transparency requirements which, among other things, require PSBs to provide independent producers with information on the application of their Commissioning Codes of Practice. In January 2025, Ofcom consulted on a number of amendments to its guidance to reflect this, and align with current industry standards and practices. Ofcom is expected to publish a statement and final guidance in Summer 2025. Variations to licence conditions to reflect such changes should be issued in Autumn 2025, but the guidance is only expected to take effect in early 2026.
ii) VoD Tier 1 regime
The Commencement Regulations initiated the framework for regulating certain prominent VoD services, including those targeting UK audiences from overseas. These services are set to be subject to standards akin to those applied to traditional broadcasters, including content standards and accessibility requirements. Ofcom was asked to produce a report on the state of the VoD market in the UK to help the Secretary of State (“SoS”) determine which services should be designated as Tier 1 services, which Ofcom delivered to the SoS on 30 May 2025. Ofcom has been granted new powers to oversee these services, although the specific services designated as Tier 1 are expected to be announced by the SoS in the coming months following her review of Ofcom’s report. A consultation on the new accessibility requirements affecting Tier 1 services is expected in the autumn, with a final statement due in early 2026.
iii) Listed events
The Act extends the listed events regime to include “designated internet programme services”, ensuring that events of national significance, such as the Olympic Games and Wimbledon finals, remain accessible on free-to-air platforms (for more information, see our previous article ). To implement such changes, Ofcom must define certain terms (e.g. “live coverage”) under the Act and revise its code on sports and other listed and designated events. In July 2024, Ofcom published a call for evidence to inform its work. On 13 June 2025, Ofcom issued a consultation on its proposed updated code and new regulations. It is then expecting to publish a final statement informed by feedback in late 2025, with the changes to the regime to follow soon after in early 2026.
iv) Commercial radio and smart speakers
On 17 October 2024, the Media Act 2024 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2024 were published, bringing Part 5 of the Act concerning commercial radio into force. These provisions include changes to Ofcom’s powers to vary and renew local analogue commercial radio licences. Between December 2024 and February 2025, Ofcom consulted on its renewal proposals. However, Ofcom has not yet published a final statement in relation to these consultations although this is soon expected according to its roadmap. Ofcom is also due to outline the new requirements for commercial radio & national/local multiplex licences in the summer of 2025.
Furthermore, Ofcom must recommend to the SoS which services should be designated radio selection services. These refer to services which enable the user to select between internet radio services (primarily smart speakers or connected car media systems). Between February and March 2025, Ofcom consulted on the proposed principles and methods it would use to determine designation. On 15 May, it published a statement issuing a finalised version of these. It is now expected that the SoS will designate the platforms between October and December 2025.
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. For the latest updates, please also refer to Ofcom’s interactive timetable.
Co-authored by Lisa Franco, Trainee Solicitor at CMS.
