As the draft Media Bill continues its legislative journey, Ofcom has issued a timely reminder (in its publication of its “roadmap”) that significant work remains before we know the full extent of many of the Media Bill’s significant provisions. Whilst many in the media industry have broadly welcomed the Media Bill, Ofcom’s roadmap reminds us all that industry is taking a significant leap into the unknown. Those familiar with the draft Media Bill will be aware that Ofcom has an imperative part to play with respect to not only the enforcement of new provisions, but also with respect to:
- scoping/defining key legislative provisions, for example, Ofcom will need to:
- define the meaning of “adequate live coverage” in the context of the revised listed events regime;
- provide the Secretary of State (“SoS”) with recommendations regarding the services/devices to be caught by the new prominence regime and also regarding the platforms to be caught by the new radio “must carry” regime.
- report on the VoD market, to assist the SoS with determining those services that should be caught by the new Tier 1 regime.
- drafting codes of practice / guidance, for example, Ofcom will:
- draft guidance / code of practice on the new prominence “must offer / must carry” regime agreement objectives;
- draft a new VoD code and a Code for accessibility of VOD services;
- draft revised guidance on the code of practice which PSBs must have in place when commissioning content from Indies; and
- draft a code of practice on the radio must carry regime.
and this is by no means a comprehensive list of Ofcom’s duties.
Ofcom’s roadmap reminds the industry: (i) that there will be further consultations; and (ii) that the full implementation of the draft Media Bill will take time (for example, assuming the Media Bill receives Royal assent this summer, Ofcom does not expect the new VoD Code to be finalised until the end of Q3 2025 and those providers impacted will have a 12 month grace period before they are expected to fully comply with it).
As a result of new services falling under Ofcom’s jurisdiction (e.g. connected TVs, some non-UK based VoD services and even voice assisted services), Ofcom notes that there might be changes to the Ofcom fee structures which may impact those services that it currently regulates.
For now though, we eagerly await what further changes to the draft Media Bill the House of Lords proposes.
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