Introduction
The Media Act 2024 (the “Act”) introduced a new online availability and prominence regime for public service broadcasters’ TV players distributed on connected TV platforms. Such platforms are also referred to as “television selection services” (“TSS”) within the Act and those TSS which are designated by the Secretary of State as subject to “must carry” obligations will be regulated TSS (“RTSS”). Under the Act, RTSS must ensure that public service broadcaster TV players designated by Ofcom and their public service content are available, prominent and easily accessible. For more details on this new regime, please see our previous article here.
As part of its obligations under the Act, on 23 April 2025, Ofcom published its final Statement of Principles and Methods (“Statement”), which sets out the principles and methods it intends to follow when recommending to the Secretary of State which services should be designated as RTSS. This follows on from a consultation ran by Ofcom in December 2024 (discussed in our previous article), which set out its proposed Statement. As stakeholders’ responses were reportedly overall supportive of the proposed Statement, no further changes were made in the final version.
Principles and Methods
Under the Act, Ofcom must take the following factors into account when making its recommendation to the Secretary of State:
- the number of UK users of a particular TSS and whether that number is significant;
- the manner in which the TSS is used;
- whether the TSS is capable of functioning as a regulated TSS (i.e. as a TSS designated by the Secretary of State), including any necessary modifications; and
- any other matters Ofcom considers likely to affect the above issues.
In its Statement, Ofcom noted it intends to assess the above factors as follows:
- Number of users. In assessing this, Ofcom will use the “best available evidence” to objectively and reliably measure this, and apply a consistent methodology to ensure fair treatment. If individual user numbers cannot be measured reliably, Ofcom may use a proxy (although it did not indicate what this may be).
- Significant number. Ofcom did not provide a threshold for what it would consider to be “significant” as it noted this may vary in each report it submits to the Secretary of State and may depend on context and market conditions. However, it noted it will:
- consider the overall policy objective of the new regime, which is to ensure that public service content is available to “the overwhelming majority of the population”;
- explain in each report what it considers to be “significant” and publish draft reports for consultation so that stakeholders can comment on its proposed approach; and
- take account of the “potential benefits and regulatory obligations on the providers of regulated TSS” and on the public service broadcasters whose TV players are designated.
- Manner of use of TSS. Beyond overall user numbers, Ofcom will consider the extent to which the TSS is actively used and any available data and estimates relating to how regularly it is accessed by users.
- Technical functionality of TSS. Ofcom will generally consider that a TSS is capable of functioning as a regulated TSS if it can:
- Carry the designated public service broadcasters players;
- Present TV players and programmes with different levels of prominence; and
- Include features to ensure players and programmes are accessible to people with disabilities.
In relation to the above, it will consider both current capabilities and any modifications that may be needed. For older versions of TSS and devices, it may consider industry practice and other relevant matters.
- Additional relevant matters. Ofcom noted this may include the level of use by different audience groups, market indicators (e.g. growth projections) or market factors which contribute to how public service content is accessed. However, this would likely depend on the circumstances when Ofcom is preparing the report.
Next Steps
Ofcom will now prepare its first report to the Secretary of State setting out the services it recommends be designated as TSS under the Act, with the intention of consulting on this in summer 2025 before it submits the final version. For the latest updates, please refer to Ofcom’s interactive timetable.
We are watching the Media Act’s progress along the roadmap for implementation, so keep an eye out for our updates on our dedicated CMS Media Act Tracker. If you would like to discuss any aspect of the Media Act or how it may affect you, please get in touch.
Article co-authored by Lisa Franco, Trainee Solicitor at CMS
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