HomeInsightsOfcom publishes statement on regulation of On-Demand Programme Services (ODPS).


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Since 1 January 2016, Ofcom has been the sole regulator for programmes shown on these services.

In December 2015, Ofcom published details of arrangements that would apply from 1 January 2016, and consulted on two substantive proposals.  One was to introduce new Procedures for investigating breaches of rules for ODPS to replace the Interim Breach Procedures and to align more closely with the position for linear television broadcasting.  The other was not to charge fees under section 368NA of the Communications Act 2003 and instead to cover the small incremental cost involved in becoming sole regulator of ODPS within the existing fees structure for television broadcasting licensees.

Having considered the consultation responses, Ofcom has decided to implement the new Procedures, with minor amendments in response to points raised in consultation, with effect from 1 April 2016.  The new procedures will align more closely with those currently used by Ofcom to consider breaches of the Broadcasting Code in TV broadcast programmes.  As for fees, in 2016/17 Ofcom will neither charge fees nor require TV broadcasting licensees to contribute.  Ofcom will re-consult in due course about fees in future financial years.  To access Ofcom’s statement, click here.