The UK Media Act 2024 takes first steps on Ofcom's roadmap to implementation

The Media Act 2024 became law in the UK on 24 May and the first commencement regulations have now been made by the government, bringing some of its provisions into force. The government has also recently pushed forward the commencement of the new "Tier 1" video on demand (VoD) regime by asking Ofcom to produce a report on the state of the UK VoD market.

The UK's first major reform of media legislation in two decades, the Media Act will bring profound change to the sector and its services. Its main aims are to modernise the legislative framework for public service broadcasting, including through the digital platforms operated by the public service broadcasters (PSBs), promote UK PSBs and national radio stations, address the disparity between global streaming platforms and UK-based services, and level the playing field between traditional television services and VoD services.

Which parts are now in force?

Over the summer, the government made The Media Act 2024 (Commencement No. 1 Regulations 2024, which brought various provisions into force on 23 August. Many of these cover the more functional elements of the Media Act, but others mark the first steps towards implementation of the new landmark PSB prominence framework and the VoD Tier 1 services regime, although both are reliant on further codes, guidance and regulations before they will become effective.

In particular, the regulations have brought into force the VoD Tier 1 services framework. This aims to bring the regulation of certain VoD services designated as Tier 1 in line with linear services (including by introducing new VoD standards for services, as well as a new accessibility codes). However, the details of how the new regime will work and which services will be caught by the new framework are still to be determined, as Ofcom is required to consult before the government can produce the secondary legislation necessary to bring the new rules into effect.

The regulations have partially commenced the new prominence framework, although several provisions, such as the designation of internet programme services and the must-offer and must-carry obligations, have been left out at this stage. As with the Tier 1 services framework, Ofcom is required to consult before making recommendations to the government to assist in drafting the necessary secondary legislation. How the prominence framework will work in practice is therefore still to be determined.

What to expect from the Labour government?

Labour's general election manifesto was silent on media policies beyond stating that the party will "work constructively" with the BBC and other PSBs so that they "continue to inform, educate and entertain people". However, with regulations now having been made, it is apparent that the Labour government is keen to press on with the implementation of the Media Act. When in opposition, the Labour party supported a new regulatory framework to bring media regulation into the digital age, stating that reforms were "long overdue".

What is Ofcom's implementation timeline?

Implementation is also dependent on action from Ofcom. In February this year, the regulator published a roadmap setting out timelines for implementation of each part of the Media Act once passed.

From Ofcom's point of view, implementation means drafting and consulting on new codes of practice and guidance, and gathering views and insights from calls for evidence. The roadmap explains that, given the extent of the reforms, implementation of the full programme of changes will take place in phases over the next two years.

Ofcom also said that it planned to get started "as soon as possible" once the Media Act was passed, beginning with a call for evidence on the listed events regime (which took place over the summer) and consultations on new licence conditions for radio services, as well as on public service television provisions and the requirements for availability and prominence of online PSB services (which are both due to be published in the last quarter of 2024 or early next year according to the roadmap).

As for the VoD Tier 1 services regime, consultation on a draft code of practice and guidance is due to start in early 2025. The government recently wrote to Ofcom, stating that it is keen to begin its consideration of Tier 1 regulation "as soon as is practically possible" and, in line with the roadmap, has asked the regulator to produce a report on the state of the UK VoD market. The government is obliged to take this report into account when formalising the Tier 1 service regime and deciding which services should be designated in this tier. The secretary of state for culture, media and sport, Lisa Nandy MP, is due to make her decision on designation in this quarter or the first quarter of 2025.

Osborne Clarke comment

Implementation of the Media Act as regards public service broadcasting and content, as well as VoD services, is currently on schedule. However, Ofcom's consultation on new licence conditions for radio services, which was planned to be published over the summer, has not yet materialised.

The July general election, which caused a hiatus in proceedings at Ofcom, may be the cause of this delay and may mean that other material from the regulator will also be delayed. However, as Ofcom already noted, implementation will take place in stages, meaning that many changes will be staggered over the next few years. Therefore, now is the right time to start preparing as the changes are significant.