Consultation outcome

Consultation on updating the media mergers regime

Updated 15 May 2025

1. Executive summary

The UK’s communications regulator, Ofcom, has a duty under section 3 of the Communications Act 2003 to secure and maintain a sufficient plurality of providers of different TV and radio services. It also has a duty under section 391 of the Act to review the operation of the media ownership rules listed in that section every three years. 

In its most recent review of these rules, Ofcom set out three recommendations for government:

1. retain the Cross-Media Ownership and Appointed News Provider rules relating to Channel 3

2. remove restrictions on certain entities holding broadcasting licences

3. broaden the scope of the existing Media Public Interest Test framework beyond print newspapers and broadcasters by applying existing public interest considerations in section 58 of the Enterprise Act 2002 to a broader range of “news creators”

This consultation document focuses on the final recommendation. 

The government is committed to a pluralistic media landscape, where citizens are able to access information from a range of sources in order to form opinions. The public’s ability to access a wide range of news, views and information about the world in which we live is central to the health of our democracy.

That is why the Enterprise Act 2002 contains provisions that allow the Secretary of State to intervene in mergers involving newspaper enterprises and broadcasting enterprises which raise public interest considerations specified in the Act. Grounds for intervention are assessed against these public interest considerations. 

In their most recent review, Ofcom recommended that the Secretary of State should broaden the scope of the public interest considerations beyond print newspapers and broadcasters to capture a broader range of “news creators.” It believes that this would be more reflective of the way in which people access and consume news today. 

We are of the view that expanding the scope of the regime to capture any entity that creates news, as Ofcom has suggested, could potentially bring into scope a very large number of companies, posing a disproportionate burden on business, as well as on government and regulators, and may threaten the sustainability of an already struggling media landscape. 

Our proposed amendments aim therefore to ensure a proportionate approach that reflects the way in which news is consumed in the modern day, whilst avoiding bringing into scope additional entities that are less likely to pose public interest concerns.

This document sets out the amendments we will make to implement these changes, specifically:

• amending the definition of “newspaper” in section 44(10) EA 2002 so that it encompasses print newspapers, periodic news magazines and online news publications
• extending the public interest considerations in section 58(2A) and (2B) EA 2002 to apply to publications falling within the new definition of newspaper, as well as to news programmes
• extending the public interest consideration in section 58(2C)(a) EA 2002 (plurality of views) to apply to mergers involving newspapers or broadcasters

The changes we are making will also apply to the special public interest and foreign state intervention regimes.

2. Introduction

Ofcom has a duty under section 391 of the Communications Act 2003 (CA 2003) to review the operation of the media ownership rules listed in that section every three years. 

In its most recent review of these rules, Ofcom set out three recommendations:

2.1 Recommendation 1: to retain the Cross-Media Ownership and Appointed News Provider rules which apply in relation to Channel 3

A key element of protecting the size and plurality of public service broadcasting (PSB) provision in the UK are the Channel 3 licences which cover England, Wales, Scotland and Northern Ireland^{[footnote 1]}.

Ofcom recommended that the Secretary of State retains, for now, the “National Cross-Media Ownership Rule,” as set out in Schedule 14 to the CA 2003, which in effect prohibits large newspaper operators from holding a Channel 3 licence or a stake in a Channel 3 licensee that is greater than 20%. The holder of a Channel 3 licence is conversely prohibited from holding an interest of 20% or more in a large national newspaper operator (meaning with a national market share of 20% or more).

Ofcom also recommended the Secretary of State retain the “Appointed News Provider Rule” (section 280 of the Communications Act 2003), which requires regional Channel 3 licensees to appoint a single body corporate as the appointed news provider among them. Ofcom considers that these rules still play an important role in protecting media plurality, in particular securing Channel 3’s position and voice in the market.

The government agrees with Ofcom’s recommendations to retain both the “National Cross-Media Ownership Rule” and “Appointed News Provider Rule” in their current form, in recognition of the important role Channel 3 services continue to play in the PSB system and wider broadcasting ecology, as well as the vital news content they provide across the UK (Channel 3 remains the most used news source after the BBC)^{[footnote 2]}.

2.2 Recommendation 2: to remove prohibitions on certain entities holding broadcasting licences

The disqualified persons restrictions at Schedule 2 to the Broadcasting Act 1990 prevent or restrict certain entities from holding broadcasting licences in order to avoid undue influence over broadcasting services such as news channels. 

Ofcom considered that whilst certain restrictions on entities holding broadcasting licences should be retained, market developments and protections provided by other parts of the regulatory framework mean that some restrictions are no longer required. Specifically, Ofcom recommended removing its discretion to determine if it is appropriate for a religious body to hold certain types of broadcasting licence, the restriction on the holding of any broadcasting licence by advertising agencies, and restrictions on the holding of radio licences by publicly-funded bodies and persons subject to undue influence by a publicly-funded body.

While the government agrees that changes to the market have reduced their impact to some extent, we have decided not to take forward these recommendations, at this time, as we believe these organisations still have the potential to exert undue influence. The government will keep this position under review. However, we are not seeking views on this issue as part of this consultation.

2.3 Recommendation 3: to broaden the scope of the existing Media Public Interest Test framework beyond print newspapers and broadcasters to capture a broader range of “news creators”

The Enterprise Act 2002 (EA02) contains provisions that allow the Secretary of State to intervene in mergers involving newspaper and broadcasting enterprises if the Secretary of State believes that one or more of the public interest considerations specified in the Act may be relevant. Grounds for intervention are assessed against these public interest considerations.

Ofcom recommended that the Secretary of State should extend the application of public interest considerations beyond print newspapers and broadcasters to a broader range of “news creators.” In its review, Ofcom set out its belief that this would be more reflective of the way in which people access and consume news today.

Ofcom did not propose a definition for “news creators” but suggested the new term:

• a. be broad enough to encompass all entities that have editorial control over the creation and publishing of news material by journalists, irrespective of platform
• b. continue to capture television and radio broadcasting and print newspapers but should also now capture online news providers, including online-only news providers, traditional sources that have withdrawn from print such as the Independent, and the online versions of existing print sources (for example, the Daily Mail or Guardian websites)
• c. should also capture wholesale news providers and magazines with a news or current affairs focus, whose activities also consisted in, or involved the creation of news.

Ofcom also proposed that intermediaries (such as Facebook or X) should not fall within scope of the regime at this stage given:

1. the existing regime would likely capture transactions involving acquisitions of larger “news creators” by intermediaries

2. any further changes to the media public interest considerations to bring online intermediaries more broadly within scope could be considered in future media ownership rules reviews

The government agrees to extend the application of the public interest considerations – but only to bring online news publications, and news programmes into scope at this stage. Section 4 of this document sets out how we intend to do this.

Ofcom also recommended that the public interest consideration on the need for free expression of opinion in newspapers at section 58(2A)(b) be removed on the basis that any concerns about free expression of opinion can be examined through the lens of internal plurality through section 58(2B) which specifies the need for (to the extent that it is reasonable and practicable) a sufficient plurality of views in newspapers in each market for newspapers in the United Kingdom or a part of the United Kingdom. 

The government has decided not to take forward this recommendation as we believe the freedom to express opinion is a different principle to the need for plurality of views, and this test is an important safeguard in order to uphold the independence and freedom of the media in the UK.

3. Legal framework

The legislative framework for the assessment of UK mergers (including acquisitions) is contained in Parts 3 and 3A of the Enterprise Act 2002 (“the Act”). Along with investigation of competition issues, Part 3 provides for Ministerial intervention on public interest grounds in two types of media merger cases: ordinary public interest cases in Chapter 2;  and special public interest cases in Chapter 3. Chapter 3A (inserted by the Digital Markets, Competition and Consumers Act 2024) is a new regime relating to mergers involving newspaper enterprises and foreign powers.

3.1 Ordinary public interest cases

Section 42 of the Act allows the Secretary of State to intervene in a merger on public interest grounds where the Secretary of State has reasonable grounds to suspect it is or may be the case that a “relevant merger situation” has been created (or that arrangements are in progress or contemplation which would result in the creation of a relevant merger situation) and believes that it is or may be the case that one or more of the public interest considerations specified in section 58 of the Act is relevant to the case.

Section 23 of the Act provides that a “relevant merger situation” arises where two or more enterprises cease to be distinct, and at least one of the following thresholds is met: the enterprise taken over has a UK turnover of more than £70 million (the “turnover test”); or, the merger has resulted in the creation or enhancement of at least a 25% share of supply or purchase in, or in a substantial part of, the UK of goods or services of any description (the “share of supply test”).

Section 58(2A) to (2C) specifies the public interest considerations applying to media cases.

For transactions involving newspapers, the public interest considerations are:

• the need for accurate presentation of news
• the need for free expression of opinion
• the need for, to the extent that it is reasonable and practicable, a sufficient plurality of views in newspapers in each market for newspapers in the United Kingdom or a part of the United Kingdom

For transactions involving broadcasters, the public interest considerations are:

• the need for the availability throughout the UK of a wide range of broadcasting which (taken as a whole) is both of high quality and calculated to appeal to a wide variety of tastes and interests
• the need for persons carrying on media enterprises, and for those with control of such enterprises, to have a genuine commitment to the attainment in relation to broadcasting of the standards objectives set out in section 319 of the Communications Act 2003

The following public interest consideration applies to transactions involving broadcasters, or transactions involving both broadcasters and newspapers: 

• the need, in relation to every different audience in the UK, or in a particular area or locality of the UK, for there to be a sufficient plurality of persons with control of media enterprises serving that audience

Pursuant to section 42(2) of the Act, the Secretary of State intervenes in a merger by giving an intervention notice (commonly known as a “public interest intervention notice”) to the Competition and Markets Authority (CMA) and Ofcom. This requires the regulators to investigate the merger (commonly known as a “Phase 1 investigation”) and to provide reports to the Secretary of State. The CMA’s report must contain its conclusions on jurisdictional, and  – if any arise – competition issues, Ofcom’s report must provide advice and recommendations regarding the public interest considerations cited in the intervention notice. 

Once they have received the Phase 1 reports, the Secretary of State may (pursuant to section 45 of the Act) make a “reference” to the CMA requiring it to carry out a more in-depth investigation (commonly known as a “Phase 2 investigation”), if they believe that the merger may be or (if it still anticipated) become, a “relevant merger situation” and that it might operate against the public interest (including for competition reasons). 

Alternatively, pursuant to paragraph 3 of Schedule 7 to the Act, in lieu of making a Phase 2 reference the Secretary of State may accept whatever undertakings (commonly known as  “undertakings-in-lieu”) they consider appropriate from the parties to address the public interest issues identified.

If a Phase 2 reference is made, section 50 of the Act requires the CMA to prepare a further report for the Secretary of State on whether the merger operates or may be expected to operate against the public interest. Once they have  received this Phase 2 report, the Secretary of State must pursuant to section 54 of the Act make a final decision on whether the merger is against the public interest, and, if they do so, they may pursuant to section 55 of the Act take whatever remedial action in their power they consider reasonable and practicable to address the public interest issues identified.

3.2 Special public interest cases

Section 59 of the Act allows the Secretary of State to intervene in mergers of special public interest, which do not satisfy the standard jurisdictional thresholds relating to turnover and share of supply, on the basis that the Secretary of State believes that the public interest considerations specified in section 58 of the Act may be relevant. The subsequent process is similar to the ordinary public interest intervention procedure set out above, except that there is no competition assessment.

Amendments were made via the Digital Markets Competition and Consumers (DMCC) Act that now require the Secretary of State to use the “special public interest case” powers to intervene in media mergers where:

• a. the turnover is between £70m (the previous turnover threshold) and £100m (the new turnover threshold introduced by the Act)
• b. the share of supply test is met but the turnover of both parties is less than £10m

3.3 Foreign state ownership cases

Section 70A of the Act makes provision for the Secretary of State to intervene in mergers involving a newspaper enterprise where, as result of the merger, a foreign power is able to control or influence the policy of the newspaper enterprise, provided the entity being taken over has a UK turnover of at least £2 million. If the Secretary of State has grounds to suspect that such a foreign state newspaper merger situation has been or is being created, she must issue an intervention notice. The CMA must consider the matter and provide a report to the Secretary of State on whether a foreign state newspaper merger situation has been, or is being, created. If so, the Secretary of State will be required to accept the CMA report and make an order aimed at blocking or unwinding the transaction.

4. Our proposed changes

Having considered Ofcom’s recommendations, the government intends to broaden the media mergers regime to encompass mergers involving online news publications, in addition to print newspapers and broadcasters. This is supported by clear data that suggests a significant shift toward consuming news online, including from Ofcom’s own news consumption in the UK survey.  We also intend to broaden the foreign state newspaper mergers regime to capture online news publications.

We are of the view that expanding the scope of the Media Mergers Public Interest Test framework to capture any entity that creates news, as Ofcom has suggested, could potentially bring into scope a very large number of enterprises, posing a disproportionate burden on business as well as government and regulators. 

Our proposed amendments therefore balance the need to protect the public interest in a digital age with our responsibility to support a competitive and sustainable media environment.

We intend to implement these changes by making secondary legislation to amend the legislative framework relating to media merger and foreign state newspaper cases. In particular, we will rely on the powers in section 44(11) EA 2002 to amend the definition of “newspaper” and section 58(3) EA 2002 to amend the existing media public interest considerations. 

Our proposed changes are summarised as follows:

4.1 Updating the definition of newspapers in section 44 EA 2002

A newspaper is currently defined as

“a daily, Sunday or local (other than daily or Sunday) newspaper circulating wholly or mainly in the United Kingdom or in a part of the United Kingdom.”

We will update this definition in section 44 as follows:

(10) In this part, “newspaper” means a publication which— 

• (a) consists of or includes news-related material which is subject to editorial control, 
• (b) is published on any periodic basis, and  
• (c) is connected with the United Kingdom or a part of the United Kingdom

(10A) For the purposes of subsection (10)— 

• (a) “news-related material” means— 
  • (i) news or information about current affairs, and 
  • (ii) opinion about matters relating to the news or current affairs;

• (b) news-related material is subject to editorial control if the publisher has editorial or equivalent responsibility for—

  • (i) its content (which may include commissioning it),
  • (ii) how it is presented, and
  • (iii) the decision to first publish it;

• (c) a publication is not to be treated as including news-related material to the extent that  the news-related material contained in the publication —

  • (i) is included only incidentally to the main content of the publication, or 
  • (ii) relates wholly to a particular pastime, hobby, trade, business, industry or profession;
• (d) “publication” means a publication which is —
  • (i) online, or
  • (ii) in hard copy, and references to “publish” or a “publisher” are to be construed accordingly;

• (e) a reference to a publication being published on any periodic basis includes, in relation to an online publication, a reference to it being updated on any periodic or other recurring basis;

• (f) 1. a publication is connected with the United Kingdom, or a part of the United Kingdom, if —
  • (i) the majority of its readership is in the United Kingdom, or in a part of the United Kingdom,
  • (ii) the majority of editorial decisions about the publication are taken in the United Kingdom, or
  • (iii) the registered or principal office of the person carrying on the publication is in the United Kingdom.

“Publication” here will be defined as a publication (a) online, or (b) in hard copy.  This will bring online news websites into scope as well as their corresponding apps so that the public interest considerations can apply to these too.

“News-related material” will be defined as news or information about current affairs, and opinion about matters relating to the news and current affairs.  For a publication to be a “newspaper” for the purposes of the media mergers and foreign state newspaper regimes, it must consist of or include news-related material. A publication will not be treated as including news-related material if it does so only incidentally to the main content of the publication. For example, a fashion magazine which includes some news but is mainly concerned with fashion content will not be treated as a newspaper.

Special interest titles containing news-related material that wholly relates to a particular pastime, hobby, trade, business, industry or profession will, similarly, not be treated as newspapers.

The news-related material included in a publication must be subject to “editorial control”. This means that the publisher must be responsible for the material (for example, responsible for commissioning the news), how it is presented, and the decision to first publish it. These criteria must all be satisfied (meaning the publisher must be responsible for all of these elements) though they do not have to apply to every single piece of news content published by the entity in question. This means that publications that publish some news content from news wires, for instance, will not be excluded from the regime on the basis that they were not responsible for the decision to first publish it.

Online news intermediaries (for example, social networking sites) and online news aggregators (for example, Apple News or Google News) will not be treated as newspapers for the purposes of the legislation as currently drafted: while their sites include news published on a periodic basis, the publishers do not have “editorial control.” In particular, they are not responsible for the commissioning of the news that they republish nor the decision to first publish the news.

“Published on any periodic basis” has been included instead of “daily, Sunday or local” as it better reflects the collective ways in which print newspapers and online news publications are published.  The reference to a publication being “published on any periodic basis” includes, in relation to an online publication, a reference to it being published on a periodic or other recurring basis. An online news publication that is updated regularly throughout the day would therefore fall within scope. “Periodic basis” also brings into scope weekly and monthly news publications which would not have previously been captured.

Provisions have also been made to ensure that the scope of the regime extends to publications that are connected with the UK, or a part of the UK. For the purposes of the media mergers and foreign state newspapers regime, a publication is considered to be connected with the UK, or a part of the UK if the majority of its readership is based in the UK, if the majority of editorial decisions are taken in the UK, or if the registered or principal office of the person carrying on the publication is based in the UK.

4.2 Broadening the scope of the public interest considerations in section 58(2A) and (2B) EA 2002 so that these tests now apply to a broader definition of newspapers and news programmes.

For transactions involving newspapers, the Secretary of State is currently able to intervene on the grounds of the need for accurate presentation of news, the need for free expression of opinion, and the need for, to the extent that it is reasonable and practicable, a sufficient plurality of views in newspapers in each market in the United Kingdom or a part of the United Kingdom.

We are introducing a term “news media” to substitute for references to “newspapers” in these tests. “News media” will be defined as encompassing (a) newspapers, or (b) news programmes. These public interest considerations will now apply to mergers involving online news publications (defined above) and broadcast “news programmes” in addition to the status quo of print newspapers. 

A new term “news programme” is being introduced under the bucket term ‘news media’ so that the relevant public interest considerations (the need for accurate presentation of news, free expression of opinion, sufficient plurality of views) apply to news content that is broadcast too. News programme is defined as a programme (a) consisting of or including news, and (b) included in broadcasting (with this term defined in section 44(9) EA 2002). This means that a news programme must be included in a radio or television service licensed under broadcasting legislation.

However, a programme is not to be treated as including news if it does so only incidentally to the main content of the programme or its news content wholly relates to a particular pastime, hobby, trade, business, industry or profession.

This change is in line with the spirit of Ofcom’s recommendations to update the regime with the term “news creators,” though narrower in scope, for reasons already set out.

We also note that while we will expand these tests to apply to (among other things) news content on broadcast services, we will continue to retain the public interest considerations that currently only apply to enterprises involved in broadcasting too (such as commitment to broadcasting standards) as we agree with Ofcom that they are still relevant.

We will therefore amend section 58 EA 2002 to expand the scope of the public interest considerations as follows:

(2A) The need for – 

• (a) accurate presentation of news; and 
• (b) free expression of opinion; 

in news media is specified in this section.

(2B) The need for, to the extent that it is reasonable and practicable, a sufficient plurality of views in news media in each market for news media in the United Kingdom or a part of the United Kingdom is specified in this section.

(2C) The following are specified in this section—

• (a) the need, in relation to every different audience in the United Kingdom or in a particular area or locality of the United Kingdom, for there to be a sufficient plurality of persons with control of the media enterprises serving that audience;

• (b) the need for the availability throughout the United Kingdom of a wide range of broadcasting which (taken as a whole) is both of high quality and calculated to appeal to a wide variety of tastes and interests; and

• (c) the need for persons carrying on media enterprises enterprises consisting in or involving broadcasting, and for those with control of such enterprises, to have a genuine commitment to the attainment in relation to broadcasting of the standards objectives set out in section 319 of the Communications Act 2003.

(2D and 2E are not included here, given we will not amend these subsections.)

(2F) In this part, “news media” means—

• (a) newspapers, or
• (b) news programmes.

(2G) In this part, “news programme” means a programme—

• (a) consisting of or including news-related material, and
• (b) included in broadcasting.  

(2H) For the purposes of subsection (2G)—

• (a)“news-related material” includes—

• (i) news or information about current affairs, and

• (ii) opinion about matters relating to the news and current affairs;

• (b) a programme is not to be treated as including news-related material to the extent that the news-related material contained in the programme —

• (i) is included only incidentally to the main content of the programme, or 

• (ii) relates wholly to a particular pastime, hobby, trade, business, industry or profession.

We will amend subsection (1) as follows and to delete subsections (2) and (3) of section 58A:

(1) For the purposes of section 58 and this section, an enterprise is a media enterprise if it consists in or involves broadcasting or the supply of newspapers.

Broadening scope of the public interest consideration in section 58(2C)(a) EA 2002 (plurality of persons with control) so that this consideration applies to mergers involving enterprises involved in newspapers or broadcasting

Currently, a “media enterprise” is defined at section 58A(1) as such if it “consists in, or involves broadcasting,” which means that the public interest consideration specified in section 58(2C)(a) (the need, in relation to every different audience in the UK or in a particular area or locality in the UK, for there to be a sufficient plurality of persons with control of the media enterprises serving that audience) only applies to enterprises involving broadcasting. However, where a merger involves both a broadcasting enterprise and a newspaper enterprise, the newspaper enterprise is also considered to be a media enterprise for the purposes of this public interest consideration (see section 58A(2)).  This therefore means that mergers only involving newspapers are not captured.

Our amendment will amend the definition of “media enterprise” to include enterprises consisting in or involving broadcasting or the supply of newspapers, which means the consideration will now apply to enterprises only involving the supply of newspapers as well as to enterprises involving broadcasting.

Whilst there is already an existing public interest consideration on plurality of views in newspapers, we believe this change is important to ensure a sufficient plurality of ownership  across all mediums in scope of the regime that can influence the public interest.

Ofcom had recommended this test be changed to apply to “news creators,” or our equivalent of “news media.” However, this would limit this public interest consideration to apply to only enterprises who broadcast news programmes. Given the original drafting applied to broadcasters, regardless of its provision of news programmes, we see no need to change the original policy intent at this stage as a restriction like this may lead to unintended consequences for our ability to intervene on this basis.

No change to public interest considerations in section 58(2A)(b) and (c) impacting broadcasters

Ofcom has not recommended any changes to section 58(2C)(b) (the need for the availability throughout the UK of a wide range of broadcasting which (taken as a whole) is both of high quality and calculated to appeal to a wide variety of tastes and interests) and section 58(2C)(c) (the need for persons carrying on media enterprises, and for those with control of such enterprises, to have a genuine commitment to the attainment in relation to broadcasting of the standards objectives set out in section 319 of the Communications Act 2003). Ofcom set out its view that its general duties in relation to availability and standards in broadcasting remain relevant and an appropriate ground for intervention.

As such, we intend to retain these public interest considerations. If a broadcaster broadcasts news content, we intend for the Secretary of State to be able to apply the news media tests and/or broadcaster tests as necessary, depending on what is most relevant to assess the public interest considerations for the merger in question. 

The amendment to section 58(2C)(c) replacing “media enterprise” with “enterprise consisting of or including broadcasting” is because we are broadening the definition of “media enterprise” to include newspapers. Therefore this amendment is required to ensure that 2C(c) - commitment to broadcasting standards - remains applicable to broadcasters only.

4.5 Special public interest cases at section 59 EA 2002

The Secretary of State may only intervene in special public interest cases if one of the public interest considerations specified in section 58 is relevant to a special merger situation. Therefore, the changes to the media public interest considerations set out above will also apply to special public interest cases, allowing the Secretary of State to be able to use this regime to intervene in special mergers involving online news publications and a wider set of print news publications.

4.6 Foreign state intervention cases in Chapter 3A of the Enterprise Act

The definition of “newspaper” in section 44(10) currently applies to the whole of Part 3 EA 2002 and  to the new foreign state intervention regime in Chapter 3A of that Part, although section 70F(1) EA 2002 provides that for the purposes of that regime, the definition in section 44(10) should be read to include a news publication circulating wholly or mainly in the United Kingdom or in a part of the United Kingdom on any periodic basis. The updated definition of newspaper will include print and online news publications published on any periodic basis and will apply to the foreign state intervention regime. We will therefore repeal section 70F(1) EA 2002 once the new definition of newspaper takes effect.

5. Impact on businesses

DCMS would like to understand the potential impacts these amendments will have on UK businesses. The response provided to questions asked in section 6 of this consultation document will help inform our analysis on this.

6. Questions

6.1 Background questions

Question 1: Which best applies to you:

• a. I am responding as an individual
• b. I am responding on behalf of an organisation

Question 2: Where do you live?

• a. England
• b. Northern Ireland
• c. Scotland
• d. Wales
• e. Other – please specify

Question 3: Please tell us the geographical area your organisation covers?

• a. United Kingdom
• b. Great Britain
• c. England
• d. Northern Ireland
• e. Scotland
• f. Wales
• g. Other – please specify

Question 4: What is the name of your organisations?

Question 5: Type of organisation

Are you (please select all that apply):

• a. A news organisation
• b. A broadcaster
• c. An industry body
• d. A regulator
• e. Other – please specify

Question 6: If you are a news organisation, what type of news does your business/organisation primarily produce?

Select up to 3 of the following options.

• a. Local news
• b. National news
• c. International news
• d. Political news
• e. Business news
• f. Technology news
• g. Science news
• h. Health news
• i. Entertainment news
• j. Sports news
• k. Other

If “other” please explain your answer.

Question 7: If you are a news organisation, do you operate online, in print, or via broadcast?

• a. Wholly online
• b. Wholly in print
• c. Wholly via broadcast (meaning television or radio)
• d. Any combination of the above

Question 8: If “d” is selected, please explain as best as you can how your organisation is split across online, print and/or broadcast news.**

Question 9: If applicable, how many people are currently employed by your business?

• a. 0 to 9
• b. 10 to 49
• c. 50 to 499
• d. 500+
• e. n/a

Question 10: If applicable, what is the revenue range of your business for the previous financial year?

• a. £0 to £9,999
• b. £10,000 to £49,999
• c. £50,000 to £249,999
• d. £250,000 to £999,999
• e. £1 million to £9.99 million
• f. £10 million to £99.99 million
• g. £100 million to £1 billion
• h. Greater than £1 billion

Question 11: To your knowledge, is there any foreign state influence or control of your organisation?

• a. Yes
• b. No

If yes, please explain your answer (meaning what degree of investment is there in your organisation from foreign states).

6.2 Definitions

Question 1: Do you agree with our proposed definitions as set out at 4.1?

• a. Yes
• b. No
• c. Neither agree nor disagree

Please explain your answer.

Question 2: Do you agree with our proposed definitions as set out at 4.2?

• a. Yes
• b. No
• c. Neither agree nor disagree

Please explain your answer.

Question 3: Do you agree that our definition of “newspapers” meets our policy intention to exclude news aggregators (for example Apple News) and online intermediaries (Facebook, X)?

• a. Yes
• b. No
• c. Neither agree nor disagree

Please explain your answer.

6.3 Public interest considerations

We are proposing a broadening of the scope of the public interest consideration in section 58(2A) and (2B) of the Enterprise Act 2002 to include online news publications as well as news programmes. We are also proposing to broaden the scope of the public interest consideration in section 58(2C)(a) of the Enterprise Act 2002 so that this consideration applies to mergers involving newspapers or broadcasters.

Question 1:  Do you agree with our proposed changes to the public interest considerations?

• a. Yes
• b. No
• c. Neither agree nor disagree

Please explain your answer.

6.4 Other considerations

Question 1: Is there any other policy change that we ought to consider in the media mergers, of foreign state newspapers space? 

• a. Yes
• b. No
• c. Neither agree nor disagree

Please explain your answer.

6.5 Impact on individual business

Question 1: Do you consider your business to be within scope of the proposed change which broadens the media merger and foreign state newspaper regimes to encompass online news publications?

• a. Yes
• b. No

If yes, please explain your answer.

Question 2: Did you consider your business to be within scope of the media merger and foreign state newspaper regimes prior to this proposed change?

• a. Yes
• b. No

If yes, please explain your answer.

Question 3: Following these proposed changes to the media merger and foreign state newspaper regimes, do you anticipate any additional familiarisation costs or transition costs for your business/organisation to adapt? If possible, please present your estimation in monetised values and over what time period.

• a. Yes
• b. No

Please explain your answer.

Question 4: If applicable, do you expect these proposed changes to the media merger and foreign state newspaper regimes to have an impact on your business over the next 10 years?

• a. Yes
• b. No
• c. I don’t know
• d. n/a

Please explain your answer.

Question 5: If yes, for your business what would you expect to be impacted from these changes to the media merger and foreign state newspaper regimes regime?

• a. Level of foreign investment
• b. Level of domestic investment
• c. Plurality of news/viewership within your business
• d. Staff costs
• e. Other

Please explain your answer.

Question 6: Given uncertainty over future plans, can you provide an estimate of the scale of each of the impacts you have listed above? If possible, please present your estimation in monetised values and over what time period.

Please explain your answer.

Question 7: Are there additional considerations we should be aware of on how these changes may impact your business/organisation?

• a. Yes
• b. No

If yes, please explain your answer.

6.6 Impact on online news sector

Question 1: Are you able to provide information on the number of UK-based businesses (of any size) in the online news sector?

• a. Yes
• b. No

Please explain your answer.

Question 2: Are you able to provide information on the number of existing or expected mergers that might be impacted by the changes to the media merger and foreign state newspaper regimes? If possible, please provide quantitative estimates or evidence to support your answer.

If yes, please explain your answer. 

Question 3: Are there additional considerations we should be aware of on how these changes may impact businesses/industry?

• a. Yes
• b. No

If yes, please explain your answer.

7. How to respond

This consultation covers the United Kingdom. The government invites responses on the specific questions raised. The questions can be found in section 6.

Respond to the consultation by completing the online form below:

Contact us using the email address below, if you:

• would prefer to share a response by email
• require a copy of the questions in an alternative format
• have any further questions

Email: media-mergers@dcms.gov.uk

This consultation will close at midday 18 December 2024.

When responding, state if you are a business, individual or representative body. In the case of representative bodies, provide information on the number and nature of individuals or firms you represent.

8. Privacy Notice 

Data Controller for your personal information

The Department for Culture, Media and Sport (DCMS) is the Data Controller in respect of any personal information you provide in your answers. Your personal data is being collected and processed by DCMS, which processes your personal data on the basis of public tasks. We will hold the data you provide for a maximum of 1 year.

Read the DCMS Personal Information Charter to find out more.

Personal data collected as part of this consultation

We will process the names and addresses and email addresses provided by respondents, and information about which organisations respondents belong to, where this is provided. 

We will also process the information that you provide in relation to your views on the proposed changes contained in the consultation, which may of course include commercially sensitive data. When the consultation ends, we will publish a summary of the key points raised on the Department’s website​. This will include a list of the organisations that responded, but not any individual’s personal name, address or other contact details. All responses and personal data will be processed in compliance with the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR).

Publication of responses

If you want some or all of the information you provide to be treated as confidential or commercially sensitive, it would be helpful if you could clearly identify the relevant information and explain why you consider it confidential or commercially sensitive. 

Please note that DCMS may be required by law to publish or disclose information provided in response to this consultation in accordance with access to information regimes: primarily the Freedom of Information Act 2000, the Environmental Information Regulations 2004, the Data Protection Act 2018 and the UK GDPR. If we receive any request to disclose this information, we will take full account of your explanation, but cannot give you an absolute assurance that disclosure will not be made in any particular case where no other lawful exemption to disclosure applies. We will not regard an automatic disclaimer generated by your IT system as a relevant request for these purposes.

Your data protection rights

Once you have submitted your response to the consultation you will not be able to withdraw your answers from the analysis stage. However, under the Data Protection Act 2018 (and the UK GDPR), you have certain rights regarding your personal data and have it corrected or erased (in certain circumstances), and you can withdraw your consent to us processing your personal data at any time. 

The Information Commissioner’s Office (ICO) is the supervisory authority for data protection legislation, and maintains a full explanation of these rights on their website.

DCMS will ensure that it upholds your rights when processing your personal data. 

How to contact the Data Protection Officer

If you would like to exercise your rights under data protection legislation, or you’re unhappy with the way we have handled your personal data and want to make a complaint, please write to the department’s Data Protection Officer.

Data Protection Officer
The Department for Culture, Media & Sport 
100 Parliament Street
London
SW1A 2BQ

Email: dpo@dcms.gov.uk

If you need any further information, contact us at dcmsdataprotection@dcms.gov.uk

How to contact the Information Commissioner’s office

You have the right to lodge a complaint to the Information Commissioner’s Office about our practices, to do so visit the Information Commissioner’s office website or contact the Information Commissioner at:

Information Commissioner’s Office 

Wycliffe House 

Water Lane Wilmslow 

Cheshire SK9 5AF

Telephone: 0303 123 1113

Textphone: 01625 545860

Monday to Friday, 9am to 4:30pm

1. S.216 CA 2003. There are 15 national and regional Channel 3 licences and 1 UK-wide Channel 3  breakfast licence. ↩

2. Ofcom News Consumption in the UK 2023 - BBC One (49%) remains the most used news source followed by ITV (34%), p. 5 ↩