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Ofcom gives weight to the Media Act

Ofcom gives weight to the Media Act

Yesterday, Ofcom released two significant publications relating to the implementation of the Media Act 2024, a piece of legislation bringing substantial changes to the media landscape by 2027. In this article, we summarise the key points and practical implications.

Review of Audience Protection Measures for Streaming Services

What has Ofcom published?

Ofcom has published a comprehensive report examining how streaming services (also known as on-demand programme services, or ODPS) protect their audiences. This covers major platforms including Disney+, Amazon Prime Video, BBC iPlayer and Now.

Why does this matter?

The Media Act introduces new standard requirements for streaming services available to UK audiences. Ofcom now has the power to examine and report on the measures providers are using to protect audiences, and to identify areas for improvement.

This review is part of Ofcom’s broader work implementing a new content standards code, anticipated to be named the Tier 1 Standards Code for designated Tier 1 services.

What did Ofcom find?

Ofcom assessed the following audience protection measures (APMs):

  • Age ratings
  • Content warnings
  • Parental controls
  • Age assurance mechanisms

Some good news: the current implementation of APMs is broadly adequate across the sector.

Areas for improvement:

  • Better user guidance: services should provide clearer information on how to find and use protection tools.
  • Enhanced content warnings: viewers want more detailed warnings, particularly episode-specific information for serialised content.
  • Cross-device consistency: parental controls need to work reliably across all platforms and devices.
  • Proportionality: protection measures should balance safety with user experience and not intrude on data privacy.

What should streaming services consider?

  • Review current APMs against Ofcom’s findings.
  • Consider how available protection tools are communicated to users.
  • Assess whether parental controls function consistently across all devices.
  • Ensure approach is tailored appropriately for UK audiences.

Ofcom plan to conduct a further review of APMs used by Tier 1 services once the Secretary of State has announced how Tier 1 services should be determined.

Channel 4 Commissioning Policy Guidance

What has Ofcom published?

Following public consultation, Ofcom has published final guidance on Channel 4’s commissioning obligations under the Media Act.

Why does this matter?

The guidance establishes clear requirements to ensure fair access, transparency and competition in Channel 4’s commissioning process. This creates a more level playing field for independent producers and increases accountability.

What are the key requirements?

Channel 4 must publish an annual Statement of Commissioning Policy covering:

  • In-house production separation: how Channel 4 maintains appropriate separation between its commissioning and in-house production activities.
  • Programme submissions: clear processes for how external programme proposals are handled.
  • Dispute resolution: transparent mechanisms for resolving commissioning-related disputes.
  • Annual reporting: year-on-year progress tracking to demonstrate accountability.

What should you consider?

If you work with or supply content to Channel 4:

  • Familiarise yourself with the new transparency requirements.
  • Understand the dispute resolution mechanisms available to you.
  • Monitor Channel 4’s annual statements to track changes in commissioning approach.

Next steps

These developments represent important steps in the evolving regulatory framework for UK media services. We will keep you updated as these changes get implemented along with other aspects of the Media Act.

If you have any questions about this article, please reach out to managing associate, Clare McGarry.

AUTHORS

Clare McGarry Managing Associate

Clare is a managing associate who specialises in film, TV and theatre legal and business affairs.

Clare is a managing associate who specialises in film, TV and theatre legal and business affairs.

Clare advises on a broad range of commercial and IP matters across the film, TV and theatre industries, including the development, production, financing and distribution of film, TV and theatre projects and the acquisition, protection and exploitation of rights/IP and content.

Clare works with clients of all sizes and types within the film, TV and theatre sectors, from individual producers, talent and small independent production companies, to major SVODs, high profile production companies, studios, and content financiers. Clare also specialises in advising rightsholders who wish to protect and exploit their IP and rights. Clare works across all genres of film and television, including scripted, unscripted and animation, as well as newer areas such as digital exploitation, branded content and the convergence between traditional TV and content creators.

Clare is described in listed as a ‘Key Lawyer’ and described as ‘a key contact for independent producers and rights holders’ and ‘a pleasure to work with. Fantastic attention to detail and very responsive to client requests. Runs matters efficiently and inspires confidence in her clients’. Clare has also been ranked as a ‘Rising Star’.

Clare presents at numerous industry events, including BAFTA Elevate and Indielab and regularly runs legal sessions for Pact members.