On 1 November 2020, the Audiovisual Media Services (“AVMS”) Regulations came into force, establishing new rules in the Communications Act 2003 for UK-established VSPs. Under the new VSP regulations, there are specific legal criteria that determine whether a service meets the definition of a VSP, and whether it falls within UK jurisdiction. Platforms must self-assess whether they meet these criteria. Those that do will be formally required to notify to Ofcom between 6 April and 6 May 2021.

The aim of the guidance is to help providers to self-assess whether they need to notify to Ofcom as UK-established video-sharing platforms (VSPs), under new statutory rules.

Ofcom is now seeking views from interested or affected parties on the draft guidance by 5pm on 14 January 2021. Ofcom says that it expects to publish its final guidance, taking into account stakeholder feedback, in advance of the notification window opening in Spring 2021. To access the proposed guidance and respond to the consultation, click here.