DCMS Media Bill aims to ‘level playing field with streaming giants’

The Government’s draft Media Bill proposes a range of reforms to UK TV and radio to give public service broadcasters and commercial radio stations more power to compete with streaming giants.

The draft Bill, published by the Department for Culture Media and Sport, gives public-service broadcasters (PSBs) – the BBC, ITV, Channel 4, Channel 5, STV and S4C – more “privileges and freedoms” to produce more “top quality British content” and invest in new technologies to attract more viewers amid competition with subscription video-on-demand (SVOD) platforms like Netflix, Amazon Prime Video, and Disney+.

The proposed law has been welcomed by ITV CEO Carolyn McCall and Radiocentre CEO Matt Payton.

As per a Government consultation held last year, the proposed law recommends that video-on-demand (VOD) services consumed in the UK, including Netflix and Disney+, will come under a new Ofcom content code for the first time, aimed to protect audiences from a “wider range of harmful material”, similar to rules that already apply to linear TV. VOD viewers will also be able to formally complain to broadcast regulator Ofcom, which will have more audience protection measures including age ratings and viewer guidance.

Ofcom will also have “more robust powers” to investigate and enforce standards on VOD services, including issuing fines of up to £250,000 for “the most serious and repeated cases”.

Discoverability on VOD platforms was also addressed in the draft Bill, with a focus on ensuring viewers can more easily find PSB services like BBC iPlayer and ITVX on smart TVs, set-top boxes and streaming sticks. VOD services will also need to make their content more accessible with new rules around subtitling, signing and audio description for those with seeing and hearing impairments.

The draft legislation also affects broadcaster Channel 4 as it will now be permitted to produce its own content, if it chooses to do so. It will also get a new legal duty to consider its “long-term sustainability” with its public service remit so it can “continue to produce high impact, distinctive shows long into the future”.

There were also provisions for smart speaker platforms, like Google and Amazon, who will be required by law to ensure access on their devices to all licensed UK radio stations without charging for hosting their services or putting their own ads on top of stations’ programmes.

The Bill reduces the regulation of commercial radio stations around content and format requirements from the 1980s. Stations will have more flexibility to update or adapt their services, including broadcasting particular genres of music or to certain age groups, without needing consent from Ofcom, potentially saving the radio industry up to £1m per year.

News publishers are also included in the proposed bill as it repeals section 40 of the Crime and Courts Act 2013, which although not in force, would compel news publishers that are not members of an approved regulator to pay both sides’ legal costs in any legal proceedings.

Culture Secretary Lucy Frazer said of the draft bill: “Technology has revolutionised the way people enjoy TV and radio. The battle to attract and retain audiences has never been more fierce. British content and production is world leading but changes to viewing habits have put traditional broadcasters under unprecedented pressure.

“These new laws will level the playing field with global streaming giants, ensuring they meet the same high standards we expect from public service broadcasters and that services like iPlayer and ITVX are easy to find however you watch TV.

“Our Bill will give these brilliant broadcasters and our legendary radio industry the tools to keep doing what they do best – nurturing the creative talent and skills that fuel the UK’s booming production industry, whilst making outstanding shows that we can all enjoy.”