Ofcom consults on Tier 1 services video-on-demand codes as UK Media Act roll out gathers pace

Ofcom's consultations

Ofcom's draft Tier 1 Standards Code and draft Tier 1 Accessibility Code are directed at Tier 1 services, defined in the ODPS Regulations as on-demand programme services (ODPS), including qualifying services established outside of the UK, with more than 500,000 average monthly UK users. A "user" is very broadly defined, so would capture any free-VOD and advertising-based VOD users as well as subscription VOD viewers. However there is a carve-out for ODPS made available on a user-to-user platform, such as an account page on a video-sharing platform. 

ODPS used by PSBs (other than the BBC) to fulfil their public service remit under the Media Act are also designated as Tier 1 services. The BBC is expressly excluded from the Tier 1 services regime as it is already subject to the more stringent rules of the Broadcasting Code, although Ofcom proposes to apply the Tier 1 Accessibility Code to the BBC's iPlayer platform.

Tier 1 Standards Code

The draft code is structured to feel familiar to those who know the Broadcasting Code, but has been recalibrated to reflect the differences between on-demand and linear content and the fact that VOD audiences, typically, actively seek out and select the content they wish to watch. Crucially, the code is designed to supplement, not replace, Ofcom's existing ODPS Rules and Guidance, avoiding duplication of obligations that already apply.

On child protection, Ofcom proposes to rely primarily on the existing "specially restricted material" rule within the ODPS Rules and Guidance, but has added new, targeted obligations relating to: the welfare and dignity of under-18s appearing in programmes (whether produced or acquired by the service provider); and protecting children involved in criminal investigations or proceedings. 

Following its review of audience protection measures in November 2025, Ofcom also intends to update its guidance on appropriate measures to ensure potentially harmful content is only made available in a way that under-18s will not normally see or hear it. These measures can include age ratings, classifications, parental controls and age verification. 

On harm and offence, the proposed rules state that "generally accepted standards" must be applied to content on Tier 1 services to protect viewers from harmful content. Further, the inclusion of offensive content must be justified by the context. The proposed rules place significant weight on enabling audiences to make properly informed viewing choices before encountering any such content. Ofcom's view is that VOD audiences are generally more tolerant of challenging content where they have been appropriately forewarned, for example through content warnings and information presented prominently on VOD platforms. This is a new and significant uplift on the current content standards imposed on ODPS providers. 

The Tier 1 Standards Code also introduces due accuracy and due impartiality requirements for on-demand news content and, separately, non-news programming dealing with matters of political or industrial controversy. The code recognises that news content has usually been broadcast on linear services before being offered as a catch-up service, such that it will already have complied with requirements in the Broadcasting Code. The new code therefore largely reflects those Broadcasting Code requirements. 

Given the temporal nature of news content and Ofcom's obligation to consider the age of content and how long it has been available, Ofcom suggests that Tier 1 providers should consider clearly labelling when news content was first made available, so that audiences can properly place it in context. Ofcom also notes that short availability windows – for example, 24 hours –  may represent good practice for certain news programming. 

On impartiality in non-news programming, the draft code provides that due impartiality must be preserved either within individual programmes or across multiple programmes that have been "appropriately signalled to viewers", which is the on-demand equivalent of the Broadcasting Code's "series taken as a whole" concept.

The draft code also incorporates rules on programmes that might incite crime or that include abusive content. Rules on religious programming are also imposed on Tier 1 services. The code also creates new fairness and privacy obligations to avoid unjust or unfair treatment or any unwarranted infringement of privacy in Tier 1 programmes. These obligations are drawn from the Broadcasting Code, with complaint-handling procedures tailored to reflect Ofcom's adjudicatory role in the VOD context. Ofcom will be consulting on draft new procedures in due course.

Tier 1 Accessibility Code

The draft Accessibility Code includes mandatory minimum quotas for subtitles, audio description and signing across Tier 1 services. The statutory quotas of 40% subtitling, 5% audio description and 2.5% signing, rising to 80%, 10% and 5% respectively over a five-year period, are set by the Media Act itself. They will not apply straightaway, but Ofcom can impose interim requirements at a lower level before the statutory quotas take effect. It has proposed initial quotas of 20% subtitling, 2.5% audio-description, and 1.5% signing to ensure earlier access benefits. 

Ofcom also proposes that compliance must be demonstrated on each delivery platform separately so that averaging across platforms is not permitted. Further, no programme genres (including sports programming with existing commentary tracks) will be automatically excluded from quota calculations. These requirements should be read alongside Ofcom's recommendation that connected TV platforms (regulated television selection services or RTSS) take reasonable steps to make sure that access services play out to users.

Responses to both the consultations are due by 5pm on 7 August. Ofcom intends to publish its final statement on the Standards Code following that deadline, with the code itself coming into force one year after publication, thereby giving services a year-long transition period to prepare. Ofcom's final Accessibility Code statement is expected in the third quarter of 2026/27, with interim quota obligations applying from the first anniversary of publication of the final code or, if later, from the date a service first qualifies as a Tier 1 service.

TSS and EPG regulations

On 19 May, the government laid before Parliament two further sets of secondary legislation affecting the UK's TV industry. 

The Television Selection Services (Designation) Regulations 2026 are made under the Media Act and designate 15 services as regulated TV platforms for the purposes of its new digital prominence regime, which requires regulated television selection services (TSS) to carry and give appropriate prominence to certain designated PSB internet TV services, as well as content from those services. The designations follow advice provided by Ofcom to the government in February this year. The TSS Regulations come into force on 1 July.

The Regulated Electronic Programme Guide (Prescribed Description and Transitional Arrangements) Regulations 2026 are made under section 211A(2)(c) of the Communications Act 2003, rather than directly under the Media Act. They revise and extend the definition of a "regulated EPG" beyond the current short list of platforms such that any EPG that meets the following four conditions will require a licence and be subject to Ofcom's regulatory oversight: it must be accessible via a television or a "streaming device" connected to a television;  UK users must form one of its target markets; it must either be provided by an existing regulated EPG provider (or a closely associated entity) or be accessible via a regulated EPG; and it must not already be a regulated EPG under the existing statutory framework.  

This means that additional forms of channel listing services operated by regulated EPG providers, other than their traditional TV guides, will be caught, as well as channel guide services that previously fell outside regulation despite being accessible on regulated services (such as "portal" services accessed via a channel slot on a regulated EPG). The channels listed and  accessible through any of these new regulated EPGs will also become licensable by Ofcom. Transitional provisions give different types of EPGs different deadlines for obtaining a licence, the earliest deadline being 1 December. The EPG Regulations come into force shortly on 16 June.

Osborne Clarke comment

If a service is or is likely to become a Tier 1 service, it is worth the provider considering both consultations and submitting a response before the deadline in order to influence the final shape of both codes. For Tier 1 services, the changes to the regulatory regime are significant and, although there will be a transition period, early preparation is recommended. 

As for EPGs, the deadlines for obtaining a licence are staggered depending on the nature of the EPG. Those provided by the provider of an existing regulated EPG need to obtain a licence by 1 December this year, but providers of EPGs accessible via a regulated EPG have until 1 June 2027, and newly regulated channel providers appearing on these EPGs will have until 1 December 2027 to obtain a licence. 

Also, the definition of "streaming device" is deliberately broad, covering equipment capable of connecting to the internet that is primarily designed for selecting, accessing and showing programmes, but is not able to show programmes by itself. It will therefore capture a wide range of devices, including streaming sticks, smart TV operating systems, set-top boxes and potentially some games consoles.