Audiences of the largest and streaming services in the UK will, for the first time, be afforded stronger protections under Ofcom’s draft new Codes.

The Media Act granted Ofcom new powers to create and enforce a new content standards Code for streaming services. “The aim was to level the regulatory playing field between streaming services and traditional broadcasters, so viewers receive similar protections, regardless of how and where they watch,” explained the media regulator.

Ofcom’s draft Code introduces a range of new rules governing major streaming services such as Netflix, Prime Video and Disney+. These platforms will, for the first time, be held to content standards similar to those already in place for traditional broadcasters. That includes rules around harmful and offensive content, fairness and privacy, and due impartiality and due accuracy in news.

Alongside this, Ofcom is consulting on a proposed new Code setting strict new accessibility requirements for streaming services. This will ensure that more than 18 million people with disabilities impacting their sight or hearing can enjoy this content using subtitles, audio description and signing.

Historically, streaming services have not been regulated to the same standard as traditional broadcasters leaving viewers with inconsistent protections when watching across different platforms. Some streamers – including Netflix – which are not based in the UK, have fallen outside Ofcom’s regulation entirely, even though they target and profit from UK audiences.

The proposed new content standards Code for ‘Tier 1’ streaming services broadly mirrors the UK’s existing broadcasting rules, but is tailored to reflect the differences between traditional, scheduled broadcast TV and on-demand content.

Streaming services must, under Ofcom’s proposals, comply with existing requirements for all on-demand services, as well a range of supplementary Tier 1 rules set out under the draft new Code.

The draft Code covers, among other things:

Protection of under 18s: Services will be required to comply with existing obligations to protect young audiences from material which may be harmful to them. The proposed new Code also includes enhanced protections focused on preserving the welfare and legal rights of under-18s who appear in programmes.

Harm and offence: The proposed rules do not prohibit potentially harmful or offensive material. They will, however, require services to provide adequate protection to viewers from potential harm, and offence to be justified by context – with emphasis on enabling informed viewing choices through clear content information and warnings.

Crime, disorder, hatred and abuse: Ofcom proposes rules to supplement the existing requirements on incitement to crime/disorder, abusive treatment and portrayals of criminal techniques and proceedings.

Due impartiality and due accuracy: The proposed rules for news largely carry over those already set out in the Broadcasting Code. For non-news content – including current affairs programmes – Ofcom proposes to adapt the relevant impartiality requirements for the on-demand environment, such as maintaining giving services the flexibility to maintain due impartiality across multiple programmes.

Fairness and privacy: Ofcom is proposing to maintain the same level of protection of individuals or organisations from unfair treatment or unwarranted infringement of privacy in content on streaming services as it does for linear broadcast content.

Making streaming accessible for all

While broadcasters have long been required to make their TV channels accessible to disabled people, there has historically been no equivalent obligation on streaming services. To ensure that disabled people aren’t being left behind, the Media Act also introduced new accessibility requirements for the larger streaming services. This includes new quotas for subtitling, audio description and signing.

Ofcom has now published its draft accessibility Code for major streaming services, setting out how it expects them to meet their new requirements.  Services must, as a minimum, subtitle 80 per cent of their catalogue, audio describe 10 per cent and provide signing for 5 per cent. Poor quality access features will not count towards quotas.

Cristina Nicolotti Squires, Ofcom’s Group Director for Broadcasting and Media, commented: “Audiences today want to watch great content across different on-demand platforms with the same reassurance and confidence they have when viewing traditional broadcast television.Our proposed new content standards Code for the largest and most popular streaming services will, for the first time, deliver the clear and consistent protections that audiences need and expect. We’re also making sure that people with sight and hearing conditions can also enjoy popular streaming content by setting strong new accessibility requirements.”

The consultations give audiences, broadcasters and streaming services the opportunity to share their views on proposed Codes, which must be submitted by August 7th. Taking this feedback into account, Ofcom expects to publish the final Codes later this year.

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Categories: Articles, Broadcast, Policy, Regulation

Tags: Disney, netflix, Ofcom, Prime Video, streaming