Audience protection standards on Video-on-Demand Services
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Detail of outcome
On 31 August 2021 the government launched an 8 week consultation on audience protection standards on video-on-demand services. In summary, the consultation considered whether UK audiences viewing TV-like on-demand programme content should receive the same or similar level of protections as if they were watching traditional television; and whether video-on-demand services not currently regulated by Ofcom and which target UK audiences should be brought within UK jurisdiction.
Video-on-demand services such as Netflix and Amazon Prime Video provide huge value to UK audiences, and in many cases make significant, and growing, contributions to the UK economy. Viewers now have access to thousands of hours of on-demand programmes at the touch of a button across hundreds of different video-on-demand services, each of different scale and ambition and audience reach. However, these on-demand services are regulated far less robustly than traditional broadcast television. In some cases they are not regulated in the UK at all, and that creates risks to audiences and the lack of consistency across broadcasting regulation.
On-demand services, other than BBC’s iPlayer, are not subject to Ofcom’s Broadcasting Code, which sets out appropriate standards for content including harmful or offensive material, accuracy, fairness and privacy. This means that the TV-like content you watch is regulated differently depending on how you choose to watch.
Consumers enjoy the broad range of on-demand services available and we would not wish regulation to impede this experience or to make the UK a less attractive market in which to operate video-on-demand services. That is why we launched a consultation to consider whether it is necessary to level the rules for traditional broadcasters and major video-on-demand services.
After considering the responses to that consultation the government now intends to legislate in a light touch manner to give Ofcom powers to draft and enforce a new Video-on-demand Code, similar to the Broadcasting Code, to ensure TV-like content, no matter how audiences choose to watch it, will be subject to similar standards. These changes will mean UK audiences will be better protected from harmful material and be better able to complain to Ofcom if they see something they are concerned about.
This world-leading regime will be aimed at larger, TV-like video-on-demand services to ensure that major services which engage UK audiences are subject to the same or similar obligations as UK broadcasters. This will also ensure that larger TV-like on-demand providers who are not currently regulated in the UK, but who target and profit from UK audiences, will now rightly come under Ofcom jurisdiction. The specific services that will be subject to enhanced regulation will be determined by the Secretary of State following a review by Ofcom.
This will ensure that larger on-demand streaming services will have the same or similar obligations as traditional broadcasters, including effective handling of complaints. Ofcom tools to regulate video-on-demand, such as information gathering and enforcement powers, will also be brought in line with existing broadcasting regulation.
In our light touch regime, increased conformity on protection tools and measures, such as age ratings, PIN codes and warnings, will not be made compulsory. Instead, Ofcom will be given an ongoing duty to assess on-demand providers’ audience protection measures. This will ensure that the systems put in place by video-on-demand providers are effective and fit for purpose, and allow Ofcom to secure change if needed.
Respecting issues of free speech and proportionality, smaller, lower risk on-demand services in the UK will continue under existing rules, ensuring services that have a smaller audience size and pose lower-risk to viewers, are not unfairly or unnecessarily penalised.
Detail of feedback received
The consultation closed on 26 October 2021 after receiving a total of 68 responses. 29 responses were from video-on-demand providers, broadcasters and other media and industry organisations, 29 responses were from individuals, and 10 responses were from charity, lobby or academic organisations. During and following the conclusion of the consultation the Department undertook a further period of engagement with on-demand providers, broadcasters and interested individuals and organisations to gather further information and data on the questions set out in the consultation.
Original consultation
Consultation description
The rapidly changing viewing habits of UK audiences and the accelerated growth in video-on-demand (VoD) services such as BBC iPlayer, ITV Hub and Disney+, particularly during this pandemic, have highlighted the disparity that exists between the traditional audience protection available on linear television - such as freeview, satellite or cable - compared to newer VoD services.
Services such as Netflix and Amazon Prime Video provide huge value to UK audiences, and in many cases significant, and growing, contributions to the UK economy. However, these services are regulated far less robustly than traditional broadcast television, particularly in relation to the regulation of content standards and audience protection.
VoD services, except for BBC iPlayer, are not subject to Ofcom’s Broadcasting Code, which includes enhanced protections to audiences from harmful and offensive material. VoD services apply a range of audience protection tools, including password-protected accounts, pin codes, content warnings and age verification. However, approaches are not standardised across services and can lack familiar, trustworthy signposting and guidance, which may cause concern and confusion, as well as potential for harm to users.
The government is minded to better align the rules between VoD services that provide a TV-like experience and ‘traditional’ linear TV, ensuring UK audiences receive a similar level of protection no matter how they want to watch television. Not all VoD providers deliver a TV-like experience such as Netflix or other mainstream services where viewers watch programming interchangeably with traditional linear services, therefore any regulatory change will need to be proportionate, to ensure freedom of expression is not undermined.
This 8 week consultation examines the current levels of audience protection from harmful content, and what steps might be required to ensure appropriate protection levels for UK audiences going forward. This consultation also considers whether non-UK based VoDs should be brought under UK jurisdiction to provide accountability to UK audiences who use their services, and how best to regulate them.
In summary, the government is consulting on whether:
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UK audiences viewing TV-like VoD programme content should receive the same or similar level of protections as if they were watching traditional television; and
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VoD services not currently regulated by Ofcom and which target UK audiences should be brought within UK jurisdiction
This consultation does not seek responses on wider broadcasting regulation, nor changes to how television or public service broadcasters such as the BBC or Channel 4 are funded or regulated. This consultation will also not cover changes to advertising rules/restrictions and does not cover topics such as introducing levies/quotas on VoD services. Responses on these issues will not be considered as part of this consultation
Responses from all individuals or organisations on the specific consultation questions and content of the consultation document are welcome. The consultation will close on Tuesday 26 October 2021 at 23:45 BST.
A summary of in-scope responses submitted to this consultation and the government’s response will be published in due course, following the closure of the consultation.
Documents
Last updated 28 April 2022 + show all updates
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Published Government response to the consultation on audience protection standards on video-on-demand services.
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First published.