HomeInsightsBBC Online Material Code: Ofcom publishes consultation

Ofcom has published a consultation on proposals to introduce a new BBC Online Material Code, bringing the regulation of the BBC’s online content more closely into line with that of its broadcast services.

Currently, Ofcom regulates content standards for the BBC’s television, radio, and on-demand services. However, it does not have the power to enforce rules for the BBC’s online material. Instead, it is only able to consider complaints and provide non-binding opinions on whether the BBC has observed its own editorial guidelines.

That position would change under the proposed Code as Ofcom would be granted extensive powers to regulate online content “provided as part of the UK Public Services by the BBC online and intended for users in the UK”. This would include BBC news and sports websites, apps, social media accounts, educational resources, and BBC-branded content on third party websites.

The Code would in many respects mirror rules set out in the Broadcasting Code, as Ofcom states that it intends to “maintain the same level of audience protections”. To that end, the Code largely replicates existing sections within the Broadcasting Code, namely (1) protecting under eighteens; (2) harm and offence; (3) crime, disorder, hatred and abuse; (4) religion; (5) due impartiality and due accuracy; and (6) elections and referendums. Where there are any material departures from the Broadcasting Code, they are flagged in the consultation.

The consultation also sets out Ofcom’s proposed procedures for investigating breaches of the new Code, making clear that it intends for the ‘BBC first’ process to apply, under which – save for those relating to Fairness or Privacy, or where exceptional circumstances arise – complaints must first be made to the BBC before Ofcom can consider them. However, Ofcom has also announced how it will increase its oversight of BBC complaints (see here), stating that “the BBC’s complaint decisions will now be subject to greater transparency and external scrutiny by Ofcom”.

The consultation closes on 27 August 2026, and can be found here.