Ofcom Streaming Services: Netflix, Disney+ and Prime Video face broadcast‑style rules
New rules will bring ofcom streaming services under broadcast‑style oversight, applying the Media Act 2024 to the UK’s largest on‑demand platforms. The change forces services including Netflix, Amazon’s Prime Video and Disney+, and public service VoD services such as ITVX and Channel 4, to meet rules on news accuracy, harmful material and accessibility.
Who falls under the rules
The regulation will apply to video‑on‑demand services that have more than 500, 000 UK viewers or users. Any VoD platform with more than half a million users will automatically be designated a "Tier 1" service and brought under a new VoD standards code similar to the Broadcasting Code followed by the, ITV and Sky News. The measures will also cover public service broadcaster VoD services such as ITVX and Channel 4.
News accuracy and harms
Under the new regime platforms must adhere to rules relating to accurate and impartial news reporting and to protecting audiences from harmful or offensive material. Ofcom will have the power to accept and investigate complaints from viewers about content on streaming platforms, and to take action where it considers there has been a breach of the code.
Fines, complaints and tiers
For each breach Ofcom will be able to impose fines of up to £250, 000, or 5% of revenue generated in the UK. Audiences will be able to complain to Ofcom and the regulator will be able to investigate streaming platforms in the same way it does broadcast television.
Ofcom Streaming Services accessibility targets
Ministers will create a new VoD accessibility code, enforced by Ofcom, setting minimum requirements for accessibility features. Mainstream streaming services will need to ensure that at least 80% of their total catalogue is subtitled, 10% is audio‑described, and 5% is signed. The government is clear these are minimum targets and fully expects VoD services to go further where possible.
Deadlines, milestones and consultation
The largest, mainstream services will have four years to meet the requirements of the accessibility code, with interim targets after two years. The government expects many services will meet the requirements earlier than required. Ofcom will shortly begin a public consultation on the new VoD accessibility code, which will allow the public and providers to set out their views on the rules that will sit within the codes.
Impact on disabled audiences
The accessibility targets are intended to benefit Britain’s estimated 18 million people who are deaf, have hearing loss or tinnitus, and 350, 000 who are blind or partially sighted, so they can better enjoy content on demand. Implementing an Ofcom‑regulated accessibility code is presented as a way to give people with disabilities impacting sight or hearing the assurance they will be able to stream their favourite films and TV shows in the future.
Context and transitional arrangements
Until now, only licensed television channels have had to comply with Ofcom’s broadcasting code and accessibility requirements such as subtitles, and some of the UK's most popular streaming services were not regulated to the same standard; some were not regulated in the UK at all. Netflix has not been regulated in the UK at all because its European headquarters are in Amsterdam and it has come under Dutch laws. VoD services provided by the, such as iPlayer, will continue to be regulated under the Broadcasting Code the Framework Agreement for now, but will later be brought under the VoD standards code.
Other headlines and items
Separate items appearing in the same coverage include the lines: "Melania's non‑documentary might end up a box office flop - but she won't mind"; "Amazon to cut 16, 000 jobs globally to streamline operations"; and "Best and worst parcel delivery companies revealed. "
Culture Secretary Lisa Nandy said: "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. " She added that "we know that the way audiences watch TV has fundamentally changed" and that "millions now choose to watch content on video‑on‑demand platforms alongside or, in the case of many young people, instead of traditional TV. "
The Media Act 2024 will be the vehicle for implementing these changes, with the government setting the threshold at more than 500, 000 UK viewers or users for designation and enforcement, and with Ofcom given powers over complaints, investigation, fines and an accessibility code with precise percentage targets and timeframes.