Insights Ofcom consults on proposed guidance for on-demand services relating to “European works”

Ofcom is consulting on proposed new guidance to help on-demand programme service (ODPS) providers to comply with their “European works” obligations under the Audiovisual Media Services Regulations 2020 (which implements the Audiovisual Media Services Directive (2018/1808/EU)).

Under s 30 of the Regulations, which inserts s 368CB into the Communications Act 2003, ODPS providers must ensure that each year at least 30% of programmes included in their services are “European works”.

Ofcom’s proposed guidance is designed to help ODPS providers understand and comply with these new requirements, in particular:

  • the definition of “European works”;
  • calculation of the new 30% quota; and
  • the applicable exemptions from these requirements.

The guidance also sets out Ofcom’s proposed approach in securing providers’ compliance. This includes issuing requests, beginning next year, for information and data on how the requirements are being met.

Ofcom is inviting feedback on its proposals from ODPS providers and other interested parties by 5pm on 22 March 2022. Subject to responses, Ofcom plans to issue its final guidance in the summer of 2022. To access the proposed guidance and for details on how to respond to the consultation, click here.