The Government issue The Internet Television Equipment Regulations 2024

United Kingdom

The Department for Culture, Media & Sport (“DCMS”) issued the Internet Television Equipment Regulations 2024 (“ITERs”) on 22 October 2024, as it takes the next step in progressing the new online prominence framework introduced by the Media Act. The ITERs came into force on 14 November 2024.

Under the Media Act, which received Royal Assent in May 2024, certain platforms which are provided in connection with “internet television equipment” must carry and give appropriate prominence to public service broadcaster TV apps to support the delivery of their remits.

The ITERs confirmed that both smart televisions and streaming devices are “internet television equipment” under the (now amended) Communications Act 2003.

The ITERs also set out the parameters for defining these types of equipment, stating that:

A “smart television” means a television which is—

  1. capable of connecting to the internet; and
  2. designed primarily for
    1. enabling the user to select and access programmes; and
    2. displaying programmes; and

A “streaming device” means an apparatus which is—

  1. capable of connecting to the internet;
  2. designed primarily for—
    1. enabling the user to select and access programmes; and
    2. displaying programmes; and
  3. not able to display programmes by itself.

Phones and tablets were, as expected, excluded from the scope of the framework. However, notably, so were consoles, which may disappoint those arguing for a wider remit for the prominence rules.

The DCMS is currently in the process of implementing the new online prominence framework. Now, Ofcom will consult with the media stakeholders and advise the Secretary of State which television selection services should be regulated under the new prominence framework. This consultation was announced on 11 December 2024 and will close on 5 February 2025. The DCMS has also confirmed that it will review the list of internet television equipment one year after full implementation of the new prominence regime, acknowledging that TV technologies move quickly. The full accompanying DCMS policy statement can be found here.