Ofcom is consulting on draft guidance to help providers to self-assess whether they meet the expanded definition of an on-demand service (ODPS) provider and so need to notify to Ofcom, following changes to the statutory rules.

The Communications Act 2003 was recently revised to take account of changes to the regulatory framework under the Audiovisual Media Services Directive (2018/1808/EU), which came into force on 1 November 2020. This included changes to the criteria that determine whether a service meets the definition of an On-Demand Programme Service. The revised criteria will mean that a wider range of services are now required to notify as an ODPS to Ofcom. The proposed guidance aims to help providers to make this assessment.

Ofcom is now seeking views from interested or affected parties on its draft guidance by 5pm on 26 May 2021. Ofcom expects to publish the final guidance, taking into account stakeholder feedback, in summer 2021. To access the draft guidance and consultation, click here.