The UK’s new Media Act: what you need to know

A revised legislative framework for public service broadcasters (“PSBs“) is introduced by the Act, replacing the existing purposes and objectives for PSBs with a modernised public service remit which does not specify the types of content covered. Under the new regime, for instance, PSBs are afforded greater flexibility as they can now meet their obligations by delivering PSB content via on-demand services as well as traditional linear channels. In addition, the Act updates the current prominence rules to ensure that online TV platforms, including smart TVs and streaming sticks, are obliged to prominently feature designated PSB on-demand services such as BBC iPlayer and ITVX.

Given that traditional television services are currently subject to a higher standard of regulation than VoD services, the Act allows for a new code of practice to be published by Ofcom to impose standards on VoD services similar to those under Ofcom’s existing Broadcasting Code. This is predominantly aimed at capturing the larger services operating in the UK such as Netflix and Now TV (even where they are based overseas), which will, for example, be subject to new content standards and be required to provide subtitles, signing and audio description to ensure VoD services are accessible to viewers with disabilities.

Following a consultation carried out by the government back in 2017 on deregulating commercial radio licensing, the Act simplifies the regulatory framework governing commercial radio in a bid to cut red tape for stations by allowing them to update their services without needing Ofcom’s consent. Similarly, new reforms are introduced to protect the accessibility of UK radio on voice-activated smart speakers (which are referred to as “radio selection services” in the Act). This includes rules ensuring that listeners are able to find stations when making a request via a smart speaker, and that stations are not charged for providing their live service on these devices.