Change is coming to your favourite streaming service — and it's got nothing to do with who wins the General Election.
In the dying days of the last parliament, known as the "wash up" period, the Media Act 2024 completed its final legislative hurdles and was signed into law. Don't be fooled by its perfunctory title, the Media Act 2024 promises the biggest shake-up to media regulation in the UK since the turn of the century.
Under the new law, Ofcom will regulate streamers like Netflix, Disney+, and Prime Video. For the first time, these streaming services will be held to the same standard as the other channels in your TV Guide.
Netflix has based its European headquarters in the Netherlands — well beyond UK soil, which means it's currently not regulated by Ofcom or any of the same broadcasting standards as traditional channels
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Until now, streaming services have swerved Ofcom’s Broadcasting Code and aired material that wouldn't fly on terrestrial channels. Many streamers have a UK base, like Disney+ and Prime Video, which means they're subject to some rules in the UK, but those with no presence have much more freedom.
Netflix has its European headquarters in the Netherlands, so is regulated by the Dutch equivalent of Ofcom, known as the Commissariaat voor de Media. That means as long as hit shows like Baby Reindeer, Sex Education, Bridgerton, Stranger Things, Squid Game, and Monster: The Jeffrey Dahmer Story pass muster with the Dutch watchdog — they'll be available to stream on screens across the UK.
Ofcom currently only regulates terrestrial channels and radio in the UK, but that changes now the Media Act has been passed into law in the final days of the last parliament
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That won't be the case for much longer. The Broadcast Code, with strict rules against "harmful or offensive material, accuracy in news, fairness and privacy", will apply to major streamers and traditional TV channels.
And that's not the only radical shift under the Media Act 2024.
For the first time, UK viewers will be able to lodge complaints about shows, documentaries, and films they've watched on Netflix, Prime Video, Disney+ and other streamers with Ofcom.
Each year, Ofcom publishes a list of the most complained-about moments across television and radio but omits anything from the biggest streaming services. A record 69,236 complaints were recorded in 2023.
Soon, we'll know how a distressing scene in Clarkson's Farm, or a revelation about a prominent comedy producer in Baby Reindeer is sitting with millions of viewers across the UK.
If Ofcom receives enough complaints, the new rules will allow the media watchdog to issue fines of up to £250,000 and — in serious and repeated cases — restrict a streaming service's availability in the UK.
As well as allowing viewers to submit complaints, Ofcom regulations will require streamers to meet quotas on subtitles (a minimum of 80% of programs), audio description (10%), and sign language (5%) for the first time to improve accessibility.
With two-thirds of all households subscribed to at least one streaming service, this major change will offer a more complete view of what the nation is watching — and what is ruffling feathers.
As fewer people tune in to linear television, more Britons are turning to streaming alternatives. Free Advertising Supported Streaming Television, or FAST, is a rapidly growing area on the small screen — with viewership increasing 180x between 2019 and 2022 and revenue growing 20x during that same period.
Research from Omdia suggests FAST could account for almost 20% of the UK’s $3 billion premium ad-supported video market by 2027.
To help traditional broadcasters compete with the changing landscape, the Media Act 2024 will relax rules for ITV, Channel 4, and Channel 5 to allow them to make online-only content.
While that might sound like a small shift, it means services like Freeview, Freely, Sky Stream, Virgin TV 360 boxes, and more will need to prioritise streamers like ITVX, Channel 4 and BBC iPlayer over the likes of Apple TV+, Netflix, and Prime Video.
Linear channels from these broadcasters must be featured prominently on any device — hence why you won't find Sky Atlantic or Sky Sports at the top of the TV Guide when you're browsing for something to watch on a set-top box designed and built by the teams at Sky TV — and the same rules will now be applied to streamers.
The Media Act 2024 will strongarm TV platforms like Fire TV and Roku to guarantee certain streaming services appear at the top of the list, so you'll always find ITVX or iPlayer content above Netflix or Disney+ going forward.
The biggest changes in the Media Act 2024 will be enforced between 2025 and 2027. A roadmap outlined by Ofcom makes clear there will be at least one year between the Video On-Demand Code — or "VOD Code", for short — entering consultation and being enforced by the regulator.
