UK government publishes plans to overhaul broadcasting regulatory landscape to protect PSBs

The backdrop to the White Paper is that the UK government has, for some time, been considering ways to support UK public service broadcasters in the face of various challenges, in particular, a shift in the way audiences access and consume content and increased competition from video-on-demand (VOD) providers, who are not subject to UK broadcasting rules.

Last year, the government conducted a large-scale inquiry into the future of UK public service broadcasting, which highlighted the importance of public service broadcasting in the UK, particularly following the pandemic, and included a number of recommendations for changes to the regulatory landscape to address some of the challenges facing PSBs. As a result, in the White Paper, the government has now set out its plan for substantial reform of the UK regulatory landscape.

Some of the key actions the government has said it will take are:

• Regulation of VOD services: Ofcom will have powers to draft and enforce a new Video-on-Demand code, to bring regulation of certain larger VOD services in line with traditional broadcasters and  to apply the regulation to VOD services established outside the UK. 
• Changes to the ‘prominence’ framework: the existing ‘prominence’ and ‘must offer/must carry’ framework is aimed at ensuring consumers find PSB linear channels easily. The government now intends to extend the framework to the PSBs on-demand services, with the aim of making PSB on-demand content easier to find on streaming platforms and pay-tv operators.
• Privatising ownership of Channel 4: Channel 4, the ad-funded but publicly owned broadcaster, will be privatised.  Despite the privatisation it will remain a public service broadcaster but, in a change from its current remit, it will be able to produce and broadcast its own content in a similar way to other privately owned UK PSBs.
• Events of national interest: the government will look at whether the ‘listed events’ regime, which ensures that events of national interest are available on public service broadcast channels, should also include digital rights.
• A new public service remit for PSBs: the government will legislate for a new, shorter remit for PSBs and allow PSBs greater flexibility in the way they deliver their public service remit.

The White Paper sets out substantial reforms to the UK regulatory landscape, which will impact not only the UK public service broadcasters but also non-PSB UK broadcasters and video-on-demand services targeting the UK.

We have a dedicated media regulatory team who are tracking the government’s proposals closely. Follow us for more commentary and analysis on the reforms. We will publish more in the coming days.

Authored by Penelope Thornton and Oliver Wilson.