The Upcoming Changes in the UK Media Act: Impact on Tier 1 Services and Digital Preeminence
The UK Media Act 2024, enacted on May 24, 2024, is now actively being implemented, with the communications regulator, Ofcom, leading the charge in shaping the regulatory landscape for Video On-Demand (VoD) services and Public Service Broadcasting (PSB).
Current Status and Key Developments
Video On-Demand (VoD) Tier 1 Framework
The Media Act introduces a new regulatory framework to designate certain On-Demand Programme Services (ODPS), including non-UK ODPS, as Tier 1 services. Tier 1 status brings obligations for accessibility such as subtitling, signing, and audio description. Ofcom submitted a report on the UK and non-UK ODPS market to the Secretary of State by May 30, 2025. The Secretary of State must consider this report before making regulations to define which on-demand services become Tier 1.
Public Service Broadcaster (PSB) Prominence on Digital Services
The Act requires connected TV platforms to ensure that PSB on-demand apps and content are available, prominent, and easily accessible to UK viewers. Ofcom is progressing consultations and regulatory proposals to enact a new prominence and availability regime tailored to digital platforms, ensuring audiences can access trusted PSB content where they expect it, not just via traditional linear TV.
Listed Events Regime
Ofcom is consulting on implementing new rules to define terms such as “live coverage,” “adequate live coverage,” and “adequate alternative coverage” under the listed events regime. This includes a revised Code on listed events to clarify protections for culturally significant live sporting and other events that must remain available on free-to-air services.
Digital Prominence Measures for PSB Services
The Media Act introduces duties to secure digital prominence for PSB services, requiring platforms like Connected TV to ensure discoverability and prioritization of PSB content. Ofcom’s consultations and forthcoming regulations will operationalize these duties, including how prominence is defined and enforced on digital platforms, with particular attention to user accessibility and fairness.
Upcoming Steps
- Consultations and Regulation: Ofcom continues to consult with stakeholders and publish detailed proposals, particularly regarding the listed events regime and PSB quota updates that incorporate on-demand content usage. The Secretary of State will decide on Tier 1 designations for relevant ODPS based on Ofcom’s market report, leading to the formal application of new service standards.
- Regulatory Timeline: Ofcom aims to deliver these implementation components “as quickly as possible” according to their published roadmap, with updates and further documents expected over late 2025 and into 2026.
- Stakeholder Engagement: Ongoing industry and government engagement ensures that the frameworks align with technological developments and audience needs across broadcast and digital platforms.
In summary, the UK Media Act 2024 is in active phased implementation as of mid-2025. Critical frameworks like the VoD Tier 1 designation, PSB prominence on digital services, listed events regime, and digital prominence measures are under detailed regulatory development via Ofcom consultations and government decisions. These steps aim to safeguard public service broadcasting’s role while adapting to the digital media landscape.
- As technology continues to evolve, the UK Media Act 2024 emphasizes the need for Public Service Broadcasting (PSB) content to be accessible on digital platforms, ensuring a prominent and easily accessible presence for PSB services on Connected TV and other digital services.
- With the growth in popularity of video on-demand services and live sports broadcasting, the Act introduces duties for technology companies to secure digital prominence for PSB services, aiming to enhance discoverability and prioritization of PSB content, thereby ensuring a balanced lifestyle that includes access to trusted news, sports, and entertainment.
