Insights Government publishes draft Audiovisual Media Services (Amendment) Regulations 2021


The Regulations are made under s 8 of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (such as those in ss (2)(a), (c), (d) and (g) of s 8) arising from the withdrawal of the UK from the EU.

Regulations 5, 6 and 13 amend the requirements for Ofcom to maintain up to date lists of providers of audiovisual media services (i.e. linear television services, on-demand programme services and video-sharing platform services) in the UK, so that the lists and updates to them no longer have to be notified to the European Commission. Instead, Ofcom must publish the lists on its website.

Regulations 11 and 18 replace duties on Ofcom to co-operate with EEA States and the European Commission with a power for Ofcom to co-operate with EEA States subject to the Audiovisual Media Services Directive (2010/13/EU), and with their national regulatory authorities, for certain purposes. To access the Regulations, click here.