New Draft Ofcom Code Brings UK TV Video Streaming Under their Gaze

The UK telecoms and media regulator, Ofcom, has today published a new Draft Code of Practice for internet and broadband based video streaming services (e.g. Netflix, Amazon / Prime, Disney+ etc.), which will require them to follow new rules, including around harm and offence, due impartiality and accuracy, fairness and privacy, and accessibility.

In case anybody was unaware. The Government recently passed the Media Act 2024, which was aimed at modernising the country’s broadcasting regulations and expanding them to cover video-on-demand services. Since then Ofcom has proposed various changes, such as measures to ensure that internet connected TV platforms make UK Public Service Broadcasters’ (PSBs) content more prominent (here) and expanding the range of streaming / connected TV platforms where their rules should apply (here).

The goal is generally to align existing regulations for streaming services with those of traditional public service broadcasters, so viewers “receive similar protections, regardless of how and where they watch“. The new Draft Code being consulted upon today is the latest development on that road, which introduces a range of new rules governing major streaming services such as Netflix, Amazon Prime Video and Disney+.

These platforms will, for the first time, thus be held to content standards similar to those already in place for traditional broadcasters. That includes rules around harmful and offensive content, fairness and privacy, and due impartiality and due accuracy in news. Alongside this, Ofcom are also consulting on a proposed Code setting strict new accessibility requirements for streaming services.

Cristina Nicolotti Squires, Ofcom’s Group Director for Broadcasting and Media, said:

“Audiences today want to watch great content across different on-demand platforms with the same reassurance and confidence they have when viewing traditional broadcast television.

Our proposed new content standards Code for the largest and most popular streaming services will, for the first time, deliver the clear and consistent protections that audiences need and expect. We’re also making sure that people with sight and hearing conditions can also enjoy popular streaming content by setting strong new accessibility requirements.”

Summary of Key Changes

➤ Protection of under 18s: Services will be required to comply with existing obligations to protect young audiences from material which may be harmful to them. Our proposed new Code also includes enhanced protections focused on preserving the welfare and legal rights of under-18s who appear in programmes.

➤ Harm and offence: Our proposed rules do not prohibit potentially harmful or offensive material. They will, however, require services to provide adequate protection to viewers from potential harm, and offence to be justified by context – with emphasis on enabling informed viewing choices through clear content information and warnings. We are also proposing to require exceptional editorial justification for including explicit detail about novel or unusual suicide methods.

➤ Crime, disorder, hatred and abuse: We propose rules to supplement the existing requirements on incitement to crime/disorder, abusive treatment and portrayals of criminal techniques and proceedings.

➤ Due impartiality and due accuracy: Our proposed rules for news largely carry over those already set out in the Broadcasting Code. For non-news content – including current affairs programmes – we propose to adapt the relevant impartiality requirements for the on-demand environment, such as maintaining giving services the flexibility to maintain due impartiality across multiple programmes.

➤ Fairness and privacy: We are proposing to maintain the same level of protection of individuals or organisations from unfair treatment or unwarranted infringement of privacy in content on streaming services as we do for linear broadcast content.

➤ New accessibility requirements code: Services must, as a minimum, subtitle 80% of their catalogue, audio describe 10% and provide signing for 5%. Poor quality access features will not count towards quotas. The Code also sets out how Ofcom expect services to meet their obligations to keep audiences informed about their accessibility features, and how they must report annually on their quality and usability.

In addition, Ofcom has opened a new Call for Evidence to help inform their approach to investigating possible breaches of the content standards Code for streaming services. Otherwise, Ofcom’s new consultations will give audiences, broadcasters and streaming services the opportunity to share their views on the changes, which must be submitted by 7th August 2026. If all goes well then the regulator should be able to table a final code by the end of 2026.

The changes that the regulator are making above naturally flow into the wider and often-divisive debate over the future of TV distribution in general (here), such as the question of at which point it may become necessary to start switching off the old terrestrial signals in favour of a broadband-only (IP-based) delivery model. Not to mention future funding and the TV licence fee, which is always a “fun” topic and still the subject of much debate.

The PSBs currently support a transition to IPTV in the 2030s as it is becoming increasingly challenging “to bear double costs from running multiple distribution platforms”. However, without intervention, by 2040, some 5% of homes (1.5 million) are currently forecast to still be relying on digital terrestrial television via the airwaves. Ofcom is of the view that the time for decisions is now upon us.

Consultation: Tier 1 Standards Code
https://www.ofcom.org.uk/tv-radio-and-on-demand/video-on-demand/consultation-tier-1-standards-code

Consultation: Tier 1 Accessibility Code
https://www.ofcom.org.uk/tv-radio-and-on-demand/accessibility/tier-1-accessibility-code