US streaming platforms including Netflix, Amazon Prime Video and Disney+ are to face greater regulation in the UK, following the introduction of new rules by the government.
The Department for Digital, Culture, Media and Sport (DCMS) has set out the proposals in a White Paper – a policy document – published today (Thursday 28) outlining broadcasting reforms, which aims to re-vamp the “decades-old” laws that govern public service broadcasting in the UK, and “to give the UK’s vital public service system a deal fit for the streaming age”.
Except for BBC iPlayer, on-demand services are currently not subject to Ofcom’s Broadcasting Code which sets standards for content including harmful or offensive material, accuracy, fairness and privacy. Services such as Disney+ and Amazon Prime Video are not regulated in the UK to the same extent as UK linear TV channels, while Netflix and Apple TV+ are not regulated in the UK at all.
The government will now give Ofcom – the UK broadcasting regulatory body – powers to draft and enforce a new Video-on-Demand (VoD) Code, similar to the Broadcasting Code and in line with its standards, to make sure VoD services are subject to stricter rules protecting UK audiences from harmful material.
UK viewers will also have the power to complain to Ofcom if they see something concerning, and Ofcom will be enabled to assess on-demand providers’ audience protection measures such as age ratings and viewer guidance, with powers to force changes if necessary.
The maximum fine for regulated VoD services will be £250,000 or an amount up to 5% of an organisation’s revenue, whichever is higher.
According to Ofcom, the share of total viewing for ‘linear’ TV channels such as ITV and the BBC fell by more than 10% between 2017 and 2020. The share for subscription video-on-demand services such as Netflix and Amazon Prime Video rose from 6% to 19% over the same period.
The government’s plans to privatise Channel 4 – including its film arm Film4 – have also now been confirmed. A statement from Channel 4 in response to the White Paper said: “Channel 4 will study the White Paper issued by DCMS, and a considered response will follow. However, Channel 4 remains committed to upholding and maximising its remit and public service purpose that has enabled it to shape Britain’s creative culture and make a significant contribution to the creative industries, while also investing across the UK’s nations and regions to create local and regional economic and social benefit.”
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