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Netflix, Disney+, Amazon’s Prime Video and other major video on-demand (VOD) streaming services are set to face stricter regulation in the UK. Platforms with a monthly average of more than 500,000 UK viewers will be deemed “Tier 1″ services that are subject to similar oversight as broadcasters like the BBC and ITV under the eye of media watchdog Ofcom.
Streaming services run by public broadcasters like ITVX and Channel 4 will have to abide by the new rules as well. BBC services such as iPlayer are exempt for now as they’re regulated under the Broadcasting Code, which broadcasters have to adhere to. That said, the UK government plans to update the BBC Framework Agreement so that iPlayer is regulated in the same way as Netflix et al.
The government said the new rules will reflect changes in how people are watching TV. It claimed that 85 percent of people use an on-demand service every month while 67 percent watch live TV. It added that two-thirds of UK households subscribe to at least one of Netflix, Prime Video and Disney.
According to Variety, the rules will not apply to video-sharing platforms such as YouTube, since those are regulated under the Online Safety Act. However, individual channels on such platforms could be subject to the VOD standards code.
Tier 1 platforms will have to adhere to regulations regarding accuracy and impartiality, while ensuring they shield audiences from “harmful or offensive” material. Ofcom will be able to accept viewer complaints over apparent breaches of such rules and carry out investigations. The watchdog will then be able to take action if it determines that there’s been a breach of the VOD standards code. That includes fines of up to £250,000 ($337,000) or five percent of “qualifying revenue” per breach.
A public consultation will help shape the VOD standards code. The public and streaming services will have the chance to weigh in on what the rules should be. The standards code will then come into force a year after Ofcom publishes it. The government says “more than 20” platforms will be subject to the code as things stand.
Separately, a VOD accessibility code will be established to bring streaming services further into line with broadcasters. Tier 1 streaming platforms will have to ensure that at least 80 percent of their total catalogues are subtitled, 10 percent have audio descriptions and five percent is signed. They’ll have four years to meet the requirements of the accessibility code.
“With UK audiences increasingly favoring on-demand platforms over live TV, we want to ensure that no one is left behind, and that everyone can enjoy the huge range of content available on video-on-demand services,” Media Minister Ian Murray said in a statement. “Implementing a new Ofcom-regulated accessibility code for our largest video-on-demand services will give people with disabilities impacting their sight or hearing peace of mind that they’ll be able to stream all their favorite films and TV shows long into the future.”
The UK government is implementing these rules for streaming services under the Media Act 2024. Currently, platforms including Prime Video, Disney+, Paramount+, Discovery+, Hayu and ITVX are subject to statutory rules that Ofcom enforces. However, the watchdog has no oversight of Netflix as things stand. That platform’s European base is in the Netherlands. As such, the Dutch media regulator oversees Netflix instead.
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