Consultation on the regulation of additional electronic programme guides

The government is committed to ensuring that the UK’s broadcasting landscape continues to thrive and evolve in a landscape of rapid technological change and shifts in the way that audiences access television.

Under the Communications Act 2003, in general only channels that appear on regulated electronic programme guides (EPGs) are subject to UK regulation. Which EPGs are regulated in the UK is described in legislation and under this description these currently are Freeview, Freesat, Sky, Virgin Media, and YouView. This list of regulated EPGs means that many of the newer EPGs and channels, many of which are delivered over the internet, are unregulated, and can be easily accessed by audiences on their television sets. While millions of people still choose to watch television through the traditional regulated EPGs, there are increasingly significant numbers of UK viewers accessing linear television channels and content via television sets that can be connected to the internet.

Many of the larger providers of unregulated EPGs have voluntarily put in place terms and procedures to protect audiences from harmful content, which may result in some comparable levels of protection as the regulated EPGs while incurring lower administrative costs for the providers.

However, the introduction of these newer unregulated and self-regulated guides has resulted in a clear regulatory gap within the existing statutory regime, which could result in inconsistent protections for audiences and limited options for independent complaints handling. This also means that guides do not have to ensure other benefits for audiences like prominence for public service channels and accessibility for people with disabilities. Moreover, an inconsistent application of statutory regulation means that EPGs delivering similar – and often competing – services do not currently have to comply with the same statutory requirements. This means that there is not currently a fair competitive environment between providers.

Given the landscape of changing technology and the increasing risk to audiences of unregulated content appearing on television, the government is consulting on whether and how to use existing powers that allow it to update which EPGs are regulated in the UK. Any regulatory change will need to be proportionate to ensure freedom of speech is not stifled. As we take this work forward we will therefore ensure that any new framework must effectively balance the need to protect audiences, the need to ensure that regulation is not unduly burdensome on industry, that ongoing regulation must respect media freedoms, and that it must not discourage competition and innovation.

This consultation seeks views on whether and how the Secretary of State should exercise existing powers to bring additional EPGs under regulation, and seeks views on a proposed approach.

In summary, the government is consulting on:

• the impact of regulating additional EPGs, and
• a proposed approach for defining which EPGs should be regulated.

This consultation does not include wider considerations about the future of television distribution and does not seek responses on existing broadcasting standards themselves, nor on changes to how television or public service broadcasters are funded or regulated, including proposed changes under the draft Media Bill. This consultation will also not cover advertising standards or the regulation of video-on-demand services. Responses on these issues will not be considered as part of this consultation.

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.