Insights Ofcom publishes new guidance on notification of on-demand programme service provider status


Ofcom has published new guidance to help providers self-assess whether they meet the expanded definition of an on-demand programme service (ODPS) provider and therefore need to notify to Ofcom, following changes to statutory rules.

The Communications Act 2003 was revised to take account of changes to the regulatory framework under the revised Audiovisual Media Services Directive (2010/13/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 ODPS.

The revised criteria mean that a wider range of services are now required to notify as an ODPS to Ofcom. The guidance aims to help providers to make this assessment.

Where it appears to Ofcom that a service meets the statutory criteria but has not notified Ofcom, the regulator has statutory powers to request information in order to make an assessment and to take enforcement action if a provider has failed to notify. This can include a financial sanction and directing the provider to notify. To access the guidance, click here.