Prior to the General Election, the Media Act 2024 (Media Act) was passed through Parliament during the 'wash up' period and became law on 24 May 2024. The Media Act presents a 'shake up' to the regulatory framework for media broadcasts, particularly for on-demand programme service providers (ODPS). It is yet to be seen what changes the Labour Government have in mind for the media sector, however the lack of media policies within the Labour manifesto suggests that the Media Act may not be followed by further significant reform.
We have highlighted the key changes introduced by the Media Act below.
Public Service Broadcasting:
The Media Act updates the legislative framework for public service broadcasting (PSB).
Public service broadcasters have been provided with greater flexibility in relation to how they meet their obligations. For example, a notable change includes the facilitation of public service content to be delivered through digital platforms. The audience reach for public service broadcasters was previously only through their main linear channel, but PSB content is now being delivered through a wide range of services, including on-demand services.
There is a further requirement for PSB on-demand services, such as BBC iPlayer, to be made available and to have 'appropriate' prominence on popular TV platforms including smart TVs and streaming sticks. The level of prominence which is required to achieve 'appropriate' prominence is yet to be defined.
Listed Events:
Under section 97 of the Broadcasting Act 1996, the Secretary of State drew up a list of events which are prohibited from being broadcast live without prior consent from Ofcom. This is to ensure that the rights to live coverage are offered to qualifying services. Following the Media Act, a qualifying service must be provided by a public service broadcaster, and the range of services within the listed events now includes television programme services and internet programme services.
Radio Services:
Another key change introduced by the Media Act is the reduction of regulatory burdens on commercial radio stations. For example, these stations are now entitled to make changes to their services, which would have previously required consent from Ofcom. In addition, the Media Act aims to ensure that UK radio stations are available to listeners on smart speakers, and to prevent these radio stations from being charged for providing their services on these devices.
Channel 4:
The Media Act allows for Channel 4 to create its own content and a new duty has been imposed on the corporation to consider its long-term sustainability.
New Regulatory Code:
Following the introduction of the Media Act, Ofcom will establish a regulatory code which will apply to ODPS primarily in relation to Tier 1 services. This will likely be similar to the Broadcasting code which currently applies to traditional broadcasters. At present, ODPS are subject to a very low level of regulation. This has been highlighted by the recent lawsuit filed against Netflix for defamation, negligence, and privacy violations in relation to the series, 'Baby Reindeer'.
An ODPS code will help prevent the need for similar types of litigation. Under the broadcasting code, traditional broadcasters have an obligation to protect an individual's privacy. Furthermore, any complaints regarding traditional broadcasting content are submitted to Ofcom for consideration, who will then conduct investigations and impose sanctions, where necessary. The introduction of a code for ODPS is hoped to level the regulatory playing field.
Repeal of Section 40 of the Crime and Court Act 2013 (English Law)
Section 40 provides that any news organisation which has not signed up to the regulator will be required to pay legal costs of any libel trial, even if it wins (unless a judge decides otherwise). The section was introduced following the Leveson inquiry but has never been imposed. The Conservative government sought to have this repealed for many years, arguing that it limits freedom of the press, and have eventually succeeded with the approval of the Media Act.
Should you have any queries in relation to the Media Act or in relation to Media law more generally, please do not hesitate to get in touch with Euan Duncan, Partner in the IP & Commercial team at MFMac.
