The UK government is preparing legislation to bring the big streaming platforms under Ofcom regulation in the country, a move that’s aimed at better protecting kids and leveling the playing field between broadcasters and streamers.
The legislation will make the UK’s Media Act 2024 apply to major streamers with more than 500,000 UK users, including Netflix, Disney+, Prime Video and pubcaster streamers ITVX and Channel 4.
Ofcom’s existing regulations for linear broadcasters are intended in part to protect kids. For example, broadcasters are not allowed to air content that is seriously inappropriate for children, and they’re not allowed to show the most offensive language during periods when kids are likely to be watching TV. However, the regulator hasn’t yet ironed out how it would apply similar safety rules to on-demand services like Netflix.
Ofcom’s next step in this process will be to consult with the public and streamers on these new VOD standards that streamers will have to follow. These standards will come into effect one year after Ofcom publishes them.
One of the changes this brings is that audiences will be able to complain to Ofcom if they see “something concerning” on streamers, and Ofcom can investigate and take action if it finds there was a breach of the new code. If streamers breach the code, they’ll be subject to similar fines that linear broadcasters have to pay. For VOD platforms, the maximum fine per breach of a rule will be roughly US$337,000 (£250,000) or 5% of qualifying revenue.
One aspect that Ofcom plans to require for streamers is increased accessibility, namely subtitles. Ofcom plans to create a new VOD accessibility code that sets minimum requirements for features for viewers with disabilities to make streamers’ content more accessible for everyone. These rules say 80% of a streamer’s entire catalogue will need to have subtitles, 10% will need to have audio description and 5% will need to offer sign language interpretation.
The platforms will have four years to meet these accessibility requirements, with interim targets after two years.
Regulating streamers in the UK has been a long multi-year saga, driven in part by the local industry, which wants to see global streamers held to the same standards as broadcasters. Regulation has taken on increased importance as UK viewers, especially children, more and more choose streaming over traditional broadcasters, said Lisa Nandy, UK’s secretary of state for culture, media and sport. In 2023, for example, only 55% of UK kids ages four to 15 watched broadcast TV on a weekly basis, Ofcom previously found.
“The Media Act introduced vital updates to our regulatory framework, which this government is committed to implementing,” said Nandy. “By bringing the most popular video-on-demand services under enhanced regulation by Ofcom, we are strengthening protections for audiences, creating a level playing field for industry and supporting our vibrant media sector that continues to innovate and drive growth across the UK.”
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