Audience protection standards on Video-on-Demand Services

The rapidly changing viewing habits of UK audiences and the accelerated growth in video-on-demand (VoD) services such as BBC iPlayer, ITV Hub and Disney+, particularly during this pandemic, have highlighted the disparity that exists between the traditional audience protection available on linear television - such as freeview, satellite or cable - compared to newer VoD services.

Services such as Netflix and Amazon Prime Video provide huge value to UK audiences, and in many cases significant, and growing, contributions to the UK economy. However, these services are regulated far less robustly than traditional broadcast television, particularly in relation to the regulation of content standards and audience protection.

VoD services, except for BBC iPlayer, are not subject to Ofcom’s Broadcasting Code, which includes enhanced protections to audiences from harmful and offensive material. VoD services apply a range of audience protection tools, including password-protected accounts, pin codes, content warnings and age verification. However, approaches are not standardised across services and can lack familiar, trustworthy signposting and guidance, which may cause concern and confusion, as well as potential for harm to users.

The government is minded to better align the rules between VoD services that provide a TV-like experience and ‘traditional’ linear TV, ensuring UK audiences receive a similar level of protection no matter how they want to watch television. Not all VoD providers deliver a TV-like experience such as Netflix or other mainstream services where viewers watch programming interchangeably with traditional linear services, therefore any regulatory change will need to be proportionate, to ensure freedom of expression is not undermined.

This 8 week consultation examines the current levels of audience protection from harmful content, and what steps might be required to ensure appropriate protection levels for UK audiences going forward. This consultation also considers whether non-UK based VoDs should be brought under UK jurisdiction to provide accountability to UK audiences who use their services, and how best to regulate them.

In summary, the government is consulting on whether:

• UK audiences viewing TV-like VoD programme content should receive the same or similar level of protections as if they were watching traditional television; and

• VoD services not currently regulated by Ofcom and which target UK audiences should be brought within UK jurisdiction

This consultation does not seek responses on wider broadcasting regulation, nor changes to how television or public service broadcasters such as the BBC or Channel 4 are funded or regulated. This consultation will also not cover changes to advertising rules/restrictions and does not cover topics such as introducing levies/quotas on VoD services. Responses on these issues will not be considered as part of this consultation

Responses from all individuals or organisations on the specific consultation questions and content of the consultation document are welcome. The consultation will close on Tuesday 26 October 2021 at 23:45 BST.

A summary of in-scope responses submitted to this consultation and the government’s response will be published in due course, following the closure of the consultation.