Yesterday, Ofcom published two important consultations as part of the implementation of the Media Act 2024: one containing its draft Tier 1 Standards Code and the other containing its draft Tier 1 Accessibility Code, each applicable to on-demand services used by public service broadcasters (other than the BBC) to satisfy their public service remit, and also to the largest VOD service providers targeting the UK (including those based outside the UK).

The Tier 1 Standards Code has been drafted to mirror the Broadcasting Code insofar as possible, bearing in mind the ultimate goal of aligning regulatory standards across linear and VOD content. Ofcom has, however, tailored the Tier 1 Standards Code to account for the differences between linear and VOD content, including that VOD services are not subject to watershed requirements. Tier 1 providers will also have to comply with the requirements of the existing ODPS Rules (although non-UK Tier 1 providers will not have to comply with the European works quotas), some of which are referred to within the Code itself.

The key obligations within the Code are:

• Reiterating the obligation in the ODPS Rules to protect viewers under 18 (including by using tools such as age assurance, parental controls and content warnings, etc. where appropriate), and extending this to apply to contributors under the age of 18
• Obliging providers to provide adequate protection to viewers from harmful content (including claims or advice impacting health or finances), and only to include content that might cause offence when contextually justified
• Prohibitions on materially misleading viewers on factual matters, or including subliminal messaging, as well as thresholds for including material containing depictions or demonstrations of suicide (where exceptional editorial justification is required for novel or unusual methods)
• Reiterating the obligation in the ODPS Rules not to include material likely to incite violence or hatred against a group of persons with protected characteristics, or prohibited material (e.g. content encouraging terrorism, material that the BBFC would refuse to classify, etc.)
• A prohibition on the inclusion of material which is likely to encourage or describe the commission of crime or lead to disorder, as well as on payments to criminals or witnesses in active proceedings
• Obliging providers to act responsibly in respect of religious programming, including not exploiting audience susceptibilities
• Reflecting the Broadcasting Code obligations that news content is reported with due accuracy, presented with due impartiality, does not contain personal views of the provider, and that significant mistakes are corrected quickly (noting this marks the first time that on-demand content, other than BBC services, will be regulated for impartiality and accuracy)
• Reflecting the heightened Broadcasting Code obligations applicable around elections and referendums
• Reflecting the fairness and privacy obligations in the Broadcasting Code relating to treatment of individuals appearing in programmes, including the use of ‘practices to be followed’, and acknowledging that the scope for unfair or unjust treatment may be greater in an on-demand context given the easy shareability of content and extended availability periods

As well as the content of the Code itself, Ofcom is considering how its investigatory powers may work as regards Tier 1 providers. It is considering adopting an agile, streamlined approach with regard to many potential breaches of the Tier 1 Standards Code (recognising that many breaches may relate to errors in how audience protection measures are applied, rather than issues with the programmes themselves), with a standard approach being reserved for potential breaches of the fairness and privacy sections, as well as serious and repeated breaches of other sections. Ofcom is also in the process of reviewing and updating the existing regulatory regime applicable to ODPS more generally.

The Tier 1 Accessibility Code applies to all programmes included in Tier 1 services, excluding advertising. Ofcom proposes extending the applicability of the Tier 1 Accessibility Code to UK Public On Demand Programme Services, including BBC iPlayer (with a higher quota for subtitling). The Code contains quotas for subtitling, audio description and signing, which apply in the 12 months following the applicable anniversary of the ‘relevant date’ (being the date of publication of the Code, or the date on which a provider becomes a Tier 1 provider), as follows:

The percentages mandated apply to the combined duration (in terms of hours) of unique programmes, with no automatic exemptions for particular programme genres, and apply on a per-delivery platform basis (not as an average across platforms). For context, recent data cited by Ofcom indicates that currently, of the combined programme hours on PSB services and the largest ODPS providers, 88% have subtitles, 15% have AD and 3% have signing.

As well as quantitative obligations, the Code stipulates that Tier 1 providers must ensure that their access services are of sufficiently high quality. Ofcom will assess compliance on a case-by-case basis.

Tier 1 providers can apply to Ofcom to be considered for a full or partial exemption to the quotas, which may result in alternative requirements being applied. Ofcom will consider these on a case-by-case basis, having regard to factors such as audience benefit, size and location, cost and technical difficulty. Exemptions are more likely to be considered where turnover is less than £250 million. Tier 1 providers should note that, under the Media Act, costs alone are not grounds for exemption, and that Ofcom does not propose mirroring the alternative of making a contribution to Lumo TV instead of meeting signing quotas.

Additionally, Tier 1 providers must ensure that disabled people are aware of the assistance available to them, by indicating which programmes feature which access services, as well as by undertaking public promotion more broadly.

There are also annual reporting obligations designed to demonstrate accessibility and compliance, relating to the quantitative and qualitative obligations, as well as usability of access services, building on existing voluntary reporting processes.

Responses to both consultations must be submitted by 7 August 2026, following which Ofcom will consider the responses. Ofcom plans to publish the final Tier 1 Standards Code and Guidance in late 2026, and the final Tier 1 Accessibility Code in Q3 2026/2027. Each Code will come into force 12 months after publication.

Providers of large VOD services that meet the threshold for Tier 1 (an average of 500,000 monthly users in the UK) should note that they have been obliged to notify Ofcom since 1 April 2026, when the On-Demand Programme Services (Tier 1 Services) Regulations 2026 came into force.

If you’d like any further information, or have any questions about the content of this article or the Media Act more generally, please do get in touch.