The UK Media Act: what is next for Tier 1 services and digital prominence?

Implementation of the Media Act 2024 draws nearer, with progress for Ofcom's Video On-Demand (VoD) Tier 1 framework, a new regime for public service broadcaster (PSB) prominence on digital services and an update to the listed events regime. Where are we now and what are the next steps?

The Media Act became law in the UK on 24 May 2024. Since then, regulations have been made to bring various parts of the Act to life, including the VoD Tier 1 framework and the new regime for public service broadcaster prominence on digital services. Both of these are key elements of the Act for streamers and distribution platforms (see our Insight). While these regimes are now in effect, the actual scope and detail of the obligations are still to be determined through consultation, further regulations and guidance.

Ofcom has set out its anticipated timeline for implementing the various elements of the Act. A key step towards bringing the Tier 1 VoD regime into full effect involves Ofcom delivering a report to the secretary of state on the UK VoD market. Stakeholders received requests for information from Ofcom at the end of 2024. Based on the information obtained, Ofcom delivered its much-anticipated report to the government on 30 May 2025, although the actual report will not be made publicly available.

Anticipated timeline

According to Ofcom's current implementation roadmap, businesses can expect the following actions in the coming months:

VoD regime

Regulation of Tier 1 services

The introduction of a new VoD services framework aims to narrow the gap between the regulation of certain VoD services (designated as "Tier 1 services") and traditional linear services by introducing new VoD standards and accessibility codes. 

Definition

The new framework defines Tier 1 services as either:
•    an on-demand programme service (ODPS) used by a Public Service Broadcaster (PSB), other than the BBC, to contribute to the fulfilment of its public service remit; or
•    an ODPS, or non-UK ODPS, that is a Tier 1 service by virtue of regulations made by the secretary of state. 

The secretary of state has the authority to make regulations designating an ODPS or a non-UK ODPS as a Tier 1 service. These services are likely to include larger "TV like" platforms. Non-UK ODPS that are Tier 1 services will need to comply with many of the rules that currently apply to ODPS established in the UK; for example, rules relating to harmful material, advertising (including watershed restrictions on advertising high fat, sugar, and salt (HFSS) food and drink), sponsorship, and the prohibition of product placement.

Standards code

Ofcom is mandated to develop a new code that sets standards for the content of programmes included in Tier 1 services, akin to the Broadcasting Code. Ofcom will also provide guidance on this code. The code must fulfil specific objectives, including:
•    protecting individuals under the age of 18;
•    shielding the public from offensive and harmful material; and
•    ensuring due impartiality in news channels featured on these services.

Accessibility code

Ofcom is also required to develop a new accessibility code for Tier 1 services, to ensure that the relevant on-demand services are accessible to those with disabilities. Currently, subtitles are carried on the majority of VoD programming but there are no mandatory requirements and so accessibility tools and standards can be inconsistent across services. 

New quotas on subtitles, audio description and signing will be set for on-demand services. The first set of targets will require that 40% of programmes contain subtitling, with 5% including audio description and 2.5% including signed interpretation. Those initial targets must be met within a two-year period, beginning either two years after the VoD service is designated as Tier 1 or two years after the day when the accessibility code is published (whichever is later). Ultimately, those quotas will rise to 80% for subtitling, 10% for audio description and 5% for signed interpretation.

Differing regulatory regimes

While the Act aims to align the regulation of VoD services with that of traditional TV, the majority of obligations will apply to Tier 1 services only. Non-Tier 1 services will continue to be subject to the current ODPS rules, while providers based outside of the UK (that are not designated as Tier 1 services) will remain unregulated in the UK. 

Tier 1 service providers will have a grace period of 12 months (beginning on the later of the day an ODPS becomes a Tier 1 service, or the day when the first standards code is published) before they are expected to be fully compliant with the code. The substantial changes facing some Tier 1 services will likely require large-scale internal audits into programming and user interfaces. Affected services should also follow closely any developments, including dates for consultations.

In terms of accessibility, all VoD service providers with UK audiences affected by the new Tier 1 rules will need to reconcile the incoming obligations with their existing obligations under the Equality Act, which imposes an anticipatory duty on providers to make reasonable adjustments to the service on account of users' disabilities. Pan-regional services will also need to bridge compliance with both the Accessibility Code and the requirements of the EU European Accessibility Act. It is therefore possible that many VoD providers may already be satisfying some of the accessibility requirements proposed by the Media Act, although there may be some gaps. 

Many providers will also find themselves facing dual regulation in both the EU and UK and are likely to be looking to develop approaches that allow compliance with both regimes. This will require careful analysis and engagement with product teams.

Next steps

The details of how the new regime will work and which services will be caught by the new framework are still to be determined, as Ofcom is required to consult before the government can produce the secondary legislation necessary to bring the new rules into effect.

Digital prominence for PSB services

Ofcom has consulted on the designation of television selection services (TSS). (The consultation opened on 11 December 2024 and closed on 5 February 2025). It set out the proposed principles and methods that Ofcom would consider when recommending which TSS may be designated by the secretary of state. This consultation was a significant step towards implementing the new online availability and prominence regime introduced by the Act.

In April 2025, Ofcom released its statement following the responses to the consultation. In summary, when preparing its report, the following principles and methods will be considered:

• the number of people using a TSS in the UK and whether that number is significant – using the "best available evidence", Ofcom will measure the number of users of a particular TSS and determine whether that number passes a particular threshold;
• the manner in which a TSS is used – taking into account the fact that people may own different devices to access TV players, Ofcom will take into account the extent of "active use" of the TSS; and
• the technical function of a TSS – TSSs which: (i) can carry designated PSB players; (ii) present TV players and programmes with different levels of prominence; and (iii) include features to ensure players and programmes can be accessed by people with disabilities, will generally be considered as functioning as a regulated TSS.
   

Digital prominence

Traditionally, the prominence of PSBs' linear television channels has been ensured through rules stating that public service content must be "easy to find". These rules guaranteed that the first five channels found on the electronic programme guide (EPG) of a television platform were reserved for PSBs. The Act extends these rules to cover new forms of digital and online media environments, requiring connected TV platforms and streaming devices to ensure that digital PSB content is easily accessible and prominent.

Television selection services

TSS are defined as services provided via the internet in connection with internet television equipment (ITE). These services enable users to select and access TV apps or programmes provided by those apps. The new regime will require designated TSS to carry PSB TV apps – like BBC iPlayer, ITVX, Chanel 4, Chanel 5 – and give them "appropriate" prominence so that they can be easily found on user interfaces. Ofcom is required to publish a code of practice which will determine what is meant by "appropriate".

Guidance to the current EPG code indicates how Ofcom currently understands the meaning of "appropriate", but the incoming code and guidance should provide more detail on how this concept applies across the more varied range of interfaces and functionalities offered by digital TSS.

Internet television equipment

The new digital prominence regime only applies to services operating on certain equipment (ITE). The Internet Television Equipment Regulations 2024 came into force on 14 November 2024. They confirm that streaming devices (such as set top boxes and streaming sticks) and smart TVs fall under the definition of ITE:

• a smart TV is defined as a TV capable of connecting to the internet and designed primarily to allow users to access programmes and to display those programmes; and
• streaming device is given a similar definition but it is not able to display the programmes by itself; that is, it needs to be plugged into a TV to achieve this display.

Smart phones/tablets and, most notably, games consoles were excluded from the scope of an ITE. The Department for Culture, Media and Sport (DCMS) concluded that, although there is evidence that PSB video-on-demand content is being accessed on games consoles, it cannot yet be considered a primary function of those games consoles. In DCMS's view, it would not therefore be proportionate to designate these devices as ITE at this stage, so at least initially they will be excluded from the new prominence regime.

Next steps

In line with Ofcom's implementation timelines, the regulator is due to publish its statement on TSS designation between July and September 2025. Ofcom will further consult on its actual recommendations on the designation of TV platforms in the summer, before submitting its final report to the secretary of state.

Listed events regime

The listed events regime is ultimately designed to ensure that certain sporting events of "national interest", like the Olympic Games and the football World Cups, are accessible to audiences for free. It does this by restricting services from showing live coverage of those events, without authorisation (unless automatically authorised by law). The regime therefore also places restrictions and guardrails on deals granting live rights to show any of the listed events.

The Act updates the regime to not only apply to linear broadcast channels, but will encompass PSB on-demand players, global media platforms, and other internet-based streaming services. It also redefines service categories into Category 1 (PSBs or associated providers) and Category 2 (all other services).

The Act introduces automatic authorisation for live coverage in certain cases to ensure adequate coverage across both categories. It also prohibits exclusive coverage rights for Group A events.

Ofcom will define key terms and revise its code on listed events, each of which will affect when the regime applies and the conditions that service providers must satisfy to be authorised to show live coverage of listed events. Proposed definitions include:

Live coverage

Defined as coverage showing play or activity at the time it takes place, including delayed viewing features like "watch from the start". Ofcom does not, however, propose extending this definition to include catch-up (on-demand) coverage of the event. In addition, Ofcom has indicated that live coverage includes the event itself, that is, any play or sporting activity in the event, as well as "any official proceedings which audiences would regard as intrinsic to the event" (such as lifting the trophy) – live coverage would therefore not include post-match interviews, punditry or behind-the-scenes type "shoulder content".

Adequate live coverage of multisport events

For Group A and B multisport events (for example, the Olympics) there is an automatic authorisation to show live coverage where another provider in the other category holds rights to show “adequate live coverage”. To be adequate, that other provider needs to hold the rights to show live coverage on at least two streams over the course of the event, and the freedom to show streams on any of its services. No requirements are set in respect of duration of the live coverage.

Adequate alternative coverage of Group B events

Group B events are less protected than Group A – for that reason there is an additional automatic authorisation for Group B where rights to show “adequate alternative coverage” are held by other persons. Ofcom's proposal is that:

• where rights to live coverage are acquired for Category 2 services, then rights to adequate alternative audio-visual coverage must be acquired for Category 1 services; or
• where rights to live coverage are acquired for Category 1 services, then the rights to adequate alternative audio-visual coverage may be acquired for services in either category.

For the automatic authorisation to apply, the rights should allow the provider to both broadcast and/or make the coverage available on-demand via its relevant services in a format of its choosing. This includes audio-visual highlights and live radio commentary, with specific duration and availability requirements.

The draft revised code provides guidance on the rules for listed events and "designated events", ensuring that major events are accessible to UK audiences for free. Designated events are those deemed of major importance by other countries. Television programme providers (which fall within the definition set out in the Broadcasting Act 1990) will be restricted from televising these events in a way that deprives a substantial proportion of the public in the relevant country from watching the coverage for free, without Ofcom's consent.

The code also outlines the process for applying for Ofcom's consent to broadcast listed and designated events, including required documentation and timings. Ofcom has enforcement and information gathering powers to ensure compliance with the code, including imposing penalties for non-compliance and false information.

Next steps

Ofcom has invited responses to its proposed definitions and changes to the code. Stakeholder feedback is invited by 8 August 2025, with the final statement and revised code expected in late 2025. The updated regime will be effective in 2026.

Osborne Clarke comment

Ofcom has previously indicated that its key areas of focus in respect of the Act are:

• formulating its strategy for PSB prominence and designating the appropriate services to ensure online PSB services are accessible on popular TV platforms and easily discoverable by audiences; and
• preparing for its new responsibilities in respect of VoD services and the new designation of Tier 1 Providers.

It is no surprise that there has been continued activity in these areas, although crucial details will be revealed during the second half of 2025.

VoD providers, PSBs, television platforms and operating systems, and providers of smart TVs and streaming devices should closely track the draft codes and guidance, and consider responding to consultations as and when they open. Internal early engagement and collaboration with the technical and product teams can help with providing the most accurate responses to these consultations, and with identifying the true impact on their businesses and determining the timeline needed to comply.