Digital regulation | UK Regulatory Outlook September 2025

UK updates 

Online safety updates 

Wikimedia loses High Court challenge on categorisation  

In the first High Court case under the Online Safety Act 2023 (OSA), Wikimedia, which operates the online encyclopaedia, Wikipedia, sought judicial review of the OSA's category threshold regulations, which set the criteria for services to be designated category 1, 2A or 2B services. Categorised services have additional duties to comply with, depending on which category they fall into. 

Wikimedia claimed that the criteria relating to regulation 3 (for Category 1 services) were logically flawed and drawn too broadly, such that Wikimedia is likely to fall into Category 1 (due to the definition of "recommender system" in the OSA and the potential for sharing functionality), despite that not being the policy intention. Wikimedia said that this would fundamentally change the way it operates – it would either have to reduce users by three quarters or disable important functionality to avoid falling into Category 1, or it would have to comply with duties that are incompatible with the way it operates. 

The court found that, in making regulation 3, the secretary of state had taken into account, as required, the likely impact of a service's functionalities on viral dissemination. The decision was also not irrational. These claims were therefore dismissed. The court found that, because Wikimedia could not show that it was a victim, its claims that regulation 3 amounted to an unjustified interference with its rights under articles 8, 10, 11 and 14 of the European Convention on Human Rights (ECHR) were also dismissed.  

However, the court stressed that the decision does not mean that Ofcom and the secretary of state can implement a regime that would significantly impede Wikimedia's operations. If that were the result, it would have to be justified as proportionate so as not to amount to a breach of the right to freedom of expression under article 10 of the ECHR (and potentially under articles 8 and 11 as well).  

As yet, Wikipedia has not been designated a category 1 service and neither party asked the court to determine whether it should be so designated or not. The decision is therefore for Ofcom to take. The court said that if Ofcom wrongly decides it is a category 1 service, then Wikimedia will have a remedy in judicial review. If Ofcom correctly puts Wikimedia into category 1, but the practical effect is that Wikipedia can no longer operate, then the secretary of state may have to amend the regulations or decide to exempt certain services. The court said that if this did not happen, Wikimedia could bring a further challenge. 

Ofcom had intended to publish its register of categorised services this summer. However, this was put on hold due to the legal challenge from Wikimedia. Ofcom is now free to continue with its work and has said that it will publish the register "as soon as possible [after the end of the Wikimedia case]". 

Self-harm content to be made a 'priority offence' 

The government has announced that it is strengthening the OSA to ensure that content that encourages or assists serious self-harm will be treated as a "priority offence" for all users, not just for children.  

The idea is that platforms will have to actively look for and remove this type of content, rather than react to it once users encounter and report it. The government will be introducing new regulations to make the change this autumn. 

Ofcom consults on draft guidance for super-complaints  

The super-complaints regime aims to ensure that eligible entitles representing users can raise a "super complaint" with Ofcom about "systemic issues" relating to existing or emerging online harms that the regulator considers to be of particular importance or that impact a particularly large number of users (see this Regulatory Outlook for background).  

The Online Safety Super-Complaints (Eligibility and Procedural Matters) Regulations 2025 were made in July 2025. These regulations define the eligibility criteria for entities to submit super-complaints and set out the procedural steps to establish the duties of both complainants and Ofcom when a super-complaint is submitted. The super-complaints regime will come into force on 31 December 2025.  

Ofcom's draft guidance on the regime explains:  

• What super-complaints are.
• The role of super-complaints in Ofcom's regulatory approach to online safety.
• Which organisations are eligible to bring a super-complaint and how they can demonstrate their eligibility.
• The rules and procedures for making super-complaints and the steps that Ofcom will typically take in relation to such complaints. 

The consultation closes on 3 November 2025. Ofcom intends to finalise the guidance in early 2026.  

Ofcom consults on online safety fees notification guidance 

Under the OSA, the costs of Ofcom's regulatory work are to be covered by providers of regulated services under an online safety fees and penalties regime, also established by the OSA. Such providers are required to notify Ofcom if they are liable to pay fees.  

In June 2025, Ofcom published a policy statement on implementation of the regime (see this Regulatory Outlook). Among other things, the statement sets out the information that providers must include in their notifications to Ofcom. At the same time, the government laid before Parliament the Online Safety Act 2023 (Fees Notifications) Regulations 2025 to formalise the notification requirements. These regulations came into effect on 14 September 2025.  

Ofcom is now consulting on draft guidance to help providers prepare their "qualifying worldwide revenue" returns and navigate the notification process. The guidance sets out how and when to notify the regulator and the details and evidence that should be included.  

The consultation closes on 1 October 2025.  

Media Act updates 

Ofcom consults on digital radio multiplex information requirements 

The Media Act 2024 has placed a new duty on Ofcom to include certain conditions in local and national multiplex licences. Such conditions will require local and national multiplex operators (on whom commercial radio stations rely to broadcast their content using Digital Audio Broadcasting (DAB)) to publish information about the payments to be made by radio stations for carriage over their multiplex. This is to ensure that there is greater transparency for radio services in relation to charges.  

Ofcom is now consulting on its proposal to require multiplex operators to publish up to date "rate cards" about the charges. This is similar to a condition already imposed on small-scale DAB multiplex operators.  

The consultation closes on 4 November 2025. 

Ofcom updates guidance for PSBs on codes of practice for commissioning independent producers 

In July 2025, to reflect changes introduced by the Media Act 2024, Ofcom updated its guidance on the codes of practice that public service broadcasters (PSBs) must put in place and follow when commissioning independent producers.  

Ofcom has made changes to: 

• Update the objectives of the guidance to take account of PSBs' revised remits.
• Reflect the fact that PSBs can use their on-demand players to meet independent production quotas.
• Include a provision to ensure that independent producers are made aware of the PSB's code ahead of negotiating a commissioning contract with that PSB.
• Require PSBs to retain sufficient information about commissions to demonstrate compliance with their codes, rather than sending Ofcom annual reports.
• Update the language used in the guidance to align with current commissioning practice and terminology. 

Ofcom has decided not to remove the prohibition against PSBs seeking "matching rights" or to relax the prohibition on PSBs seeking to bundle primary and secondary rights when negotiating a commission, as proposed in its consultation from earlier in the year. Ofcom says that, as the sector reshapes, it will "closely assess developments in the production of [public service media] content". 

The guidance will not take effect until the relevant provisions in the Act have been commenced through secondary legislation. Ofcom does not expect this to be before 1 January 2026. 

Once the guidance is in effect, PSBs should obtain Ofcom's approval of their revised codes. 

Ofcom publishes statement of programme policy and media content policy guidance 

Under the Media Act 2024, PSBs can include their on-demand and other online services to meet their obligations. The Act also requires licensed PSBs to set out how they intend to fulfil their regulatory obligations, including identifying the contribution that each service they use will make, in statements of programme policy (SoPP). Channel 4 has additional media content duties that it sets out in a statement of media content policy. The BBC is subject to different requirements under the BBC Charter and is not therefore required to deliver a SoPP. 

To reflect the changes brought about by the Act, Ofcom has updated its guidance for PSBs (including Channel 4) on preparing SoPPs, following consultation. The guidance will take effect once the relevant sections of the Act are commenced through secondary legislation. 

Ofcom publishes final statement on designation of PSB internet programme services 

Under the new online availability and prominence regime in the Media Act, television selection services (TSS) designated by the secretary of state will have to ensure that PSB TV players (known as internet programme services or IPS) that have been designated by Ofcom and their content are available, prominent and easily accessible. 

Before Ofcom can consider applications for designation as an IPS, it is required to publish a statement setting out how it will do this. Ofcom consulted on a draft statement in February 2025 and, having made some minor clarificatory changes to the information it will require on the promotion and discoverability of public service remit content, it has published the final statement. 

Ofcom intends to publish an application form for PSBs to request designation as an IPS later this year. 

Over the summer, Ofcom consulted on 14 TSS that it proposes designating. It will next formally report its recommendations to the secretary of state who will make regulations to formalise the designations. 

Other updates 

Ofcom consults on how online platforms, broadcasters and services can promote media literacy 

Ofcom has published draft recommendations for online platforms, broadcasters and services on how it can help people navigate a rapidly evolving digital landscape. 

Ofcom has duties under the Communications Act 2003 to promote media literacy and is also required to publish a statement recommending ways in which others, including user-to-user and search services regulated under the OSA, might develop, pursue and evaluate activities or initiatives relevant to media literacy. In its consultation, Ofcom explains how it will meet that requirement by proposing a unified approach to empowering people in the context of how they engage with content and media across broadcast and online services.  

Ofcom makes recommendations in ten key areas where it considers that online platforms, broadcasting and streaming services can "make a meaningful difference in empowering people". The recommendations are not mandatory, but represent good practice. Relevant providers are encouraged to adopt them. 

The consultation closes on 8 December 2025.  

EU updates 

European Media Freedom Act in force from 8 August  

The European Media Freedom Act, which aims to protect media freedom and pluralism in the EU, came into effect on 8 August 2025, with the legislation applying to all media service providers that target audiences in the EU, whether established within the EU or outside. See our Digital Regulation Timeline for more information about the Act. 

Osborne Clarke has published an Insight on new obligations for media service providers and very large online platforms (VLOPs) (as defined in the Digital Services Act) stemming from the Act.