Overview of the Act
- The Media Act reforms the legal framework for the regulation of public service broadcasting, make changes to on-demand programme service ("ODPS") regulation in the UK and make changes to the legal framework for the regulation of radio; including conferring new powers and duties on the Office of Communications ("OFCOM") and the Secretary of State for Culture, Media and Sport. The Act also repeals an uncommenced provision of the Crime and Courts Act 2013 related to the regulation of news publishers.
- The Act is divided into 7 parts, as follows:
- Part 1 contains provisions that update the legislative framework for public service broadcasting ("PSB"), including provision to facilitate the delivery of public service content through digital platforms. This part also amends the "listed events" regime, so that qualifying services can only be provided by a public service broadcaster, and updates the range of services which fall within scope.
- Part 2 contains provisions that mean that public service content on designated services is prominent online, which means it will be available and easy to find across a range of television platforms that viewers use to watch TV online (for example, on smart TVs).
- Part 3 contains provisions to address the sustainability challenges faced by Channel Four Television Corporation ("C4C"), including the introduction of a new sustainability duty and removal of a restriction on its involvement in programme-making. This part also implements recommendations of the independent review of S4C, Building an S4C for the future, published in 2018. The provisions apply the PSB legislative framework updates from Part 1 to S4C, while retaining the Welsh language content requirement.
- Part 4 contains provisions which provide OFCOM new regulatory powers to draft and enforce a Video-on-Demand ("VoD") Code.
- Part 5 contains provisions to update the regulatory framework for commercial radio.
- Part 6 contains provisions to protect UK radio’s availability on connected audio devices, including ensuring that stations cannot be charged for the provision of their live service to listeners and that they are findable in response to a listener request.
- Part 7 contains miscellaneous and general provisions including the repeal of section 40 of the Crime and Courts Act 2013, which could (if commenced) require news publishers to pay the costs of any court judgement if they were not a member of the approved regulator, regardless of the outcome of the court judgement. It also makes amendments to primary broadcasting legislation to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU.
