Implementation of the Media Act 2024 Continues: Draft Regulations and Consultation on Original, Regional and Independent Productions Published

On 6 May 2025, the Department for Culture, Media and Sport (“DCMS”) published two draft statutory instruments which, if finalised and approved by Parliament, will implement changes concerning production quotas set out within the Media Act 2024. The draft instruments have been published to support the consultation procedure which must be completed before they can be laid before Parliament and become law.

The relevant consultation was published by Ofcom on 15 May. It sets out its approach to implementing the new framework for production quotas, including the levels of original production and regional production quotas and how it implements the revised quota levels for independent productions, which DCMS set out in the Draft Broadcasting (Independent Productions) Regulations 2025 (see below). Ofcom is taking views from stakeholders on its proposals via its consultation response form, with the deadline for submissions being 10 July 2025. 

The Draft Broadcasting (Regional Programme-making) and Broadcasting (Original Productions) (Amendment) Regulations 2025

 These draft regulations relate to programme-making quotas for original and regional productions for relevant PSB channels. As currently drafted, these would:

1. Enable Ofcom to determine whether content already made available in the same or substantially the same form (i.e. “repeats”) may be counted towards the modernised regional programme-making or original production quota conditions for relevant PSB channels (other than the BBC); and
2. Amend the definition of “original productions” for the purposes of section 278 of the Communication Act 2003 (which relates to programming quotas for original productions) in article 3 of the Broadcasting (Original Productions) Order 2004, so that such productions must first be made available in the United Kingdom on a qualifying audiovisual service.

The Draft Broadcasting (Independent Productions) Regulations 2025

These draft regulations set out definitions and quotas for broadcasters in relation to independent productions. If made, these regulations would update terminology and set the level of the new independent productions quota for each public service broadcaster in a way that seeks to replicate the effect of their existing linear TV quotas. In particular, they:

1. Define an “independent producer” as:
2. someone who is not an employee of a broadcaster or a person connected with a broadcaster;
3. someone (or a body corporate) who does not have a qualifying shareholding greater than 25 per cent in a broadcaster or a person connected to a broadcaster; and
4. someone which is not a corporate body in which either (i) any one broadcaster or person connected with a broadcaster has a qualifying shareholding of over 25 per cent; or (ii) any two or more broadcasters or persons connected with a broadcaster together have an aggregate qualifying shareholding of over 50 per cent.

It also sets out exceptions where a person may still be treated as an independent producer if, for example, they were commissioned to make the programme by a relevant provider or broadcaster and they were an independent producer when commissioned.

1. Define “independent productions” for the purposes of section 277 (which relates to programming quotas for independent productions) and Schedule 12 of the Communications Act 2003 as programmes which:
   1. have been commissioned by a relevant provider (being a PSB channel) and meet certain requirements, including that it must be made solely by or jointly with an independent producer;
   2. have been made pursuant to a contract between the PSB and the producer which meets certain requirements, such as that either must have the right to end production-related obligations every 5 years or less, no matter how long those obligations persist; and
   3. is not a repeat.
2. Define “qualifying programmes” for the purposes of section 309 of the Communications Act 2003 (which relates to quotas for independent programmes for non-PSB broadcasters) as programmes which (provided they are not a repeat) have been made by a non-PSB broadcaster  or a person commissioned by them. If the programme is made by one of these together with any other person, certain thresholds must be met with regards to the broadcaster’s financial contribution to the actual cost of the production or the making of the programme for it to be considered a qualifying programme capable of being deemed an independent production (see paragraph 4 below).
    
3. Define “independent productions” for the purposes of section 309 of the Communications Act 2003 as a programme which:
   1. is a “qualifying programme”, as set out above;
   2. has been made by an independent producer, an independent producer together with any other person (or a relevant portion of the programme has been made by an independent producer); and
   3. has been made in pursuance of a contract between a broadcaster and producer which meets the same requirements set out for independent productions pertaining to section 277 (i.e. the 5 year “opt out” right).
4. Set out the independent production quotas for PSBs as: 1700 hours per year for the BBC; 750 hours per year for a regional provider of Channel 3 services (such as STV); 800 hours per year for a national provider of Channel 3 services (i.e. ITV); 450 hours per year for C4C; 400 hours per year for S4C; and 350 hours per year for the provider of Channel 5. 

Proposals within Ofcom’s Consultation to Update PSB Quotas

Ofcom are proposing changes to quota obligations following changes introduced by the Media Act 2024, as follows:

• Converting quotas to absolute numbers. Quotas are currently set as a proportion of a linear channel’s output. Ofcom now need to convert these quotas into absolute numbers so that they can be applied across both linear and online services. This would be done by multiplying each PSB’s total qualifying hours and spend by the current proportional quota levels. To do so, data from the past five years would be used. Online-only programming would not be considered;
• Regional production quotas. Ofcom are proposing to increase the regional production spend quota by 2% each year, to account for likely increases in production costs. Only the initial release of a qualifying programme would count towards the regional production quota, whether this was linear or online It has set out draft Regional Production Guidance which has been updated to reflect changes made by the Media Act 2024;
• Original production quotas. PSBs would continue counting linear repeats towards such quotas. Linear repeats of their online-originated content would also be counted if the programme was exclusively available, free of charge, on their platform for at least 30 days. Content first provided on on-demand services would only count once towards such quotas, and previously broadcast linear content would not be double-counted if then made available online. Ofcom has also provided draft Original Production Guidance, which would come into force from 1 January 2026, when the updated quotas come into effect; and
• Independent production quotas. Ofcom proposes to reflect the draft amounts set by the Secretary of State in the draft Broadcasting (Independent Productions) Regulations 2025 (as set out above) in the Channel 3, 4 and 5 licences. 

Next Steps

The DCMS will conclude its consultation on the two draft regulations, issuing a statement and final guidance in October 2025. The regulations may, therefore, be subject to further amendment prior to being laid before Parliament. They will then be subject to the draft affirmative procedure, which will require debate and approval in both Houses of Parliament before they can become law. It therefore remains to be seen whether these regulations will be amended before they are enacted.

 For the latest updates on the Media Act 2024, 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