Insights Ofcom consults on proposals to change guidance and requirements on the BBC’s impact on competition

In June 2022, Ofcom published its review of BBC regulation, “How Ofcom regulates the BBC”. The review looked at how regulation should change to ensure that it is fit for purpose in the fast-moving environment in which the BBC operates. Ofcom made recommendations in the review on how it regulates the BBC’s impact on competition and is now consulting on proposals to update its guidance on how the BBC’s competition impact is assessed.

The proposals aim to ensure that Ofcom’s current processes are efficient, flexible and encourage positive engagement between the BBC and its competitors when there are changes to the BBC’s public services. Ofcom has also set out the changes that the BBC is making to its processes to address the concerns raised in Ofcom’s “review of BBC Studios” and proposed small changes to the Trading and Separation requirements and guidance.

In addition, Ofcom sets out its view of the BBC’s current position within the audiovisual and audio sectors. The aim, Ofcom says, is to give the BBC and other stakeholders more clarity about how Ofcom is likely to approach consideration of BBC competition impacts.

Interested parties and stakeholders are invited to respond to the consultation by 6 February 2023. Ofcom plans to issue its final statement and guidance by April 2023. To access the proposals and consultation, as well as links to the Ofcom’s review on how it regulates the BBC and its review of BBC Studios, click here.