Consultation on EPG Regulation

United Kingdom
22/09/2023
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On 20 September 2023, Lucy Frazer, the Secretary of State for Culture, Media and Sport, announced a new consultation on the regulation of additional electronic programme guides ("EPGs"), which was published on the same day.

In her speech at the Royal Television Society Convention, Lucy Frazer spoke about:

  • the growth of internet-provided TV, with research indicating that 74% of homes now have a smart TV connected to the internet; and
  • the rapid increase in the number of free unregulated ad-supported internet TV channels ("FAST").

The consultation, which has been extended until 29 November 2023, is focused on (1) the impact of regulating EPGs, and (2) the proposed approach for defining which EPGs should be regulated - which in turn will impact the services that appear on them (i.e. FAST channels) as channels that appear on regulated EPGs require an Ofcom licence.

The consultation sets out the Government's proposed approach as regards:

  1. the scope of jurisdiction and application: "Regulation by Ofcom should be limited to EPGs that are used by members of the public in the UK as a way of accessing television programme services, where that access is by means of a television set";
  2. the potential benefit to UK audiences: "To ensure that the EPGs brought under regulation are those that will bring a significant benefit to UK audiences, regulation should be targeted at EPGs that have a significant audience reach in the UK or are distributed via the DTT platform"; and
  3. the implementation process and period.

The consultation will sit outside the Media Bill's legislative process and is likely to progress faster, since it may be done without primary legislation.

We are reviewing the consultation in detail and our comprehensive analysis will follow. Keep an eye on the Media Bill tracker for more in the coming weeks.

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