The Media Act 2024 (the “Act”) introduced new rules for “radio selection services” (“RSS”), internet-based services which allow for internet radio to be played following voice activation. The Act requires that RSS which have been designated by the Secretary of State (on Ofcom’s recommendation) must reliably provide the online stream of UK broadcast radio services at no cost to the radio station provider itself. For more details on this new regime please see our previous articles here and here.
On 15 May 2025, Ofcom published its final Statement of Principles and Methods (the “Statement”) it will be following when recommending to the Secretary of State which radio selection services should be designated. This follows on from a consultation Ofcom ran in February 2025, 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 for Designation
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 RSS;
- the manner in which the RSS is used;
- whether the level of use of the RSS is significant; and
- any other matters Ofcom considers likely to affect the above issues.
As set out in its Statement, Ofcom 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 or combine more than one metric.
- Manner of use of the RSS. Ofcom will consider the different ways in which an RSS can be used to listen to internet radio services. It may consider a broad range of information, such as where listening takes place (e.g. at home, in the car), and how often and for how long users are listening to the radio.
- Whether the level of use is significant. In determining a threshold, it will seek to ensure that relevant internet radio services are widely available to users of RSS. However, this may vary every time it prepares a report. It will therefore determine the threshold in a proportionate way and take into account that the designation of an RSS will impose regulatory obligations on the RSS provider. Further, it will also consider whether the RSS’ level of use is declining and is unlikely to be over the threshold for a reasonable period of time after designation.
- Any other matters. Ofcom has noted these may include the level of use by different audience groups and market indicators (e.g. growth projections).
Next Steps
Ofcom will now prepare its first report to the Secretary of State setting out the services it recommends be designated as RSS under the Act, with the intention of consulting on this and publishing the final version by September 2025. 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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