King’s Speech 2023: New code of conduct to be created by Ofcom for video-on-demand services

Major streaming platforms will soon come under a new video-on-demand code, to be formulated and enforced by Ofcom, it has been announced. According to the government, the Media Bill, revealed during the King's Speech, will bring lasting changes to safeguard children better by extending similar standards applied to TV to streaming services. This initiative grants the UK media regulator the authority to develop and implement the fresh code, aligning the regulations with those governing conventional broadcasters. Subsequently, viewers will have the option to officially raise complaints with Ofcom about content accessible on streaming platforms.

Currently, Ofcom oversees regulations outlined in the Broadcasting Code, which govern TV and radio content, aiming to shield viewers and listeners from potential harm. The code encompasses guidelines concerning the 9pm watershed, hate speech, offensive language, and product placement.

While Amazon Prime Video, Disney+, Paramount+, Discovery+, Hayu, and ITVX, among other streaming services, fall under the statutory rules enforced by Ofcom, Netflix, headquartered in the Netherlands, falls under the regulation of the Dutch media authority, the Commissariaat voor de Media. The existing on-demand program service (ODPS) regulations do not extend as comprehensively as those outlined in the Broadcasting Code.

The government has emphasized that the new on-demand code will maintain a "proportionate" approach. Furthermore, the Media Bill includes measures to facilitate viewers in discovering public service broadcast services, like BBC iPlayer and ITVX, more conveniently on smart TVs, set-top boxes, and streaming sticks, with the bill also aiming to bolster Channel 4's sustainability by enabling the broadcaster to produce more in-house content.

Dame Caroline Dinenage MP, chair of the Culture, Media, and Sport Committee, said: "The Media Bill will be crucial in ensuring our public service broadcasters continue to flourish in a dynamic media landscape and in enabling listeners to enjoy access to live radio on smart speakers. We appreciate its inclusion and await seeing how the Government has considered the Committee's recommendations to ensure that the legislation serves the best interests of viewers and listeners."

Dame Carolyn McCall, chief executive of ITV, said: "We are delighted with the inclusion of the Media Bill in the King's Speech. This is a pivotal step towards ensuring that public service broadcasters can persist in investing in the exceptional British content our audiences cherish because our programs will be easily accessible and discoverable on all major TV platforms and devices."