UK Internet TV censorship

The government writes:

Broadcast television in the UK is subject to a system of regulation overseen by the independent communications regulator Ofcom, which is key to ensuring protections for audiences. This regulation ensures that regulated television channels available in the UK abide by a common set of rules and standards in relation to the programmes they show.

Over the last century, the number of channels available in the UK has increased significantly 203 from a single channel in 1922 to several hundred today. This trend has been recently accelerated by the increasing availability of internet-delivered linear television, known as internet protocol (IP) delivered television. For example, Sky's newest product Sky Stream delivers content via the internet, compared to Sky Q that delivers its services via satellite.

Under the amended Communications Act 2003, in general only channels that appear on regulated electronic programme guides (EPGs) are subject to UK regulation. Which EPGs are regulated in the UK is described in legislation and under this description these currently are Freeview, Freesat, Sky, Virgin Media, and YouView. This list of regulated EPGs means that many of the newer EPGs and channels utilising IP technology are unregulated and can be easily accessed by audiences on their television sets. While millions of people still choose to watch television through the traditional regulated EPGs, there are increasingly significant numbers of UK viewers accessing linear television channels and content via television sets that can be connected to the internet. Data suggests that the UK has a high proportion of these kinds of televisions, with smart televisions already in as many as 74% of UK households.

This shift is transforming the way that audiences access television, with many new services now delivered via the internet. This evolution of distribution means that there is greater choice for consumers in how they access linear television content and that there is more competition within the market for delivering services, allowing for new and innovative services to emerge.

Many of the larger providers of unregulated EPGs have voluntarily put in place terms and procedures to protect audiences from harmful content, which may result in some comparable levels of protection as the regulated EPGs while incurring lower administrative costs for the providers.

However, the introduction of these newer unregulated and self-regulated guides has resulted in a clear regulatory gap within the existing statutory regime, which could result in inconsistent protections for audiences and limited options for independent complaints handling. This also means that guides do not have to ensure other benefits for audiences like prominence for public service channels and accessibility for people with disabilities.

The government is therefore concerned that the combination of the defined set of regulated EPGs and the growth of new, IP delivered services means that there is increasingly a lack of regulation. UK audiences being able to access unregulated EPGs means there is an increasing number of linear television channels and services that are not regulated by Ofcom and to the standards audiences in the UK expect. This has the potential to cause harm, especially for children and vulnerable audiences, with no statutory protections on these unregulated services.

The lack of protections in place for these unregulated services mean that there is a range of potentially harmful content that could be shown on television with no independent recourse for action to be taken. This includes content that would be unsuitable for younger audiences that are available during the day, that would need to be shown after the watershed if regulated, such as those that include swearing, violence, and sexual content.

Moreover, an inconsistent application of statutory regulation means that EPGs delivering similar -- and often competing -- services do not currently have to comply with the same statutory requirements. This means that there is not currently a fair competitive environment between providers.

Given the landscape of changing technology and the increasing risk to audiences of unregulated content appearing on television, the government believes that legislation is required to update the EPGs that are regulated in the UK. The government is therefore consulting on whether and how to use existing powers that allow it to update which EPGs are regulated in the UK.

This 8-week consultation seeks views on whether and how the Secretary of State should exercise this power, and seeks views on a proposed approach.

In summary, the government is consulting on:

• The impact of regulating EPGs.

• The proposed approach for defining which EPGs should be regulated.

Responses from all individuals or organisations on the specific consultation questions and content of the consultation document are welcome.

The UK Government has just opened a public consultation on proposals to significantly extend censorship laws for internet TV to match the nannying, burdensome control freakery that currently applies to broadcast TV in the UK. The tone of the press release highlights the obvious glee that the Government holds for more censorship:

Government to consult on better protections for UK audiences on video-on-demand services

Audiences could be better protected from harmful material like misinformation and pseudoscience while watching programmes on video-on-demand services (VoD), Culture Secretary Oliver Dowden has announced.

• Netflix, Amazon Prime Video and Apple TV+ could be subject to stricter rules protecting UK audiences from harmful material
• It would mean audiences - particularly children - receive a consistent level of protection on video-on-demand services as they do on traditional broadcasters
• Ministers seek views to level the regulatory playing field in consultation launched today

The government is considering how to better level the regulatory playing field between mainstream VoD services and traditional broadcasters and is seeking views on the matter in a consultation launched today. This could mean aligning the content standards rules for on-demand TV services with those for traditional linear TV like BBC 1 and Sky.

Now that the UK has left the EU there is an opportunity to create regulation suited to UK viewers that goes beyond the minimum standards as set out in EU regulation under the revised Audiovisual Media Services Directive.

Culture Secretary Oliver Dowden said:

We want to give UK audiences peace of mind that however they watch TV in the digital age, the shows they enjoy are held to the same high standards that British broadcasting is world-renowned for.

It is right that now we have left the EU, we look at introducing proportionate new rules so that UK audiences are protected from harm.

Ofcom data shows a huge growth in popularity and use of on-demand services in the UK. The number of households that subscribe to one rose by almost 350% between 2014 and 2020. In 2021, 75% per cent of UK households say that they have used a subscription VoD service.

Viewers have access to thousands of hours of VoD shows and content at the touch of a button. However, services like Netflix, Amazon Prime Video and Disney+ are not regulated in the UK to the same extent as UK linear TV channels.

For example, except for BBC iPlayer, they are not subject to Ofcom's Broadcasting Code which sets out appropriate standards for content including harmful or offensive material, accuracy, fairness and privacy.

This means there is a gap between existing protections for audiences watching traditional TV and those watching newer VoD services. There are some protections for under-18s but minimal rules exist to regulate content. There are very few rules to protect audiences, for example, from misleading health advice or pseudoscience documentaries.

Some service providers have taken welcome steps to introduce their own standards and procedures for audience protection - such as pin-codes and content warnings - but the extent of these measures varies across services. Age ratings are also inconsistent and sometimes non-existent.

The consultation asks for views on whether UK audiences viewing TV-like VoD programmes should receive the same or similar level of protections as when they are watching traditional television. It asks which measures can and should be made consistent across VoD services.

It will also consider whether mainstream VoD services not currently regulated in the UK by Ofcom - like Netflix and Apple TV+ - should be brought within UK jurisdiction to provide accountability to UK audiences who use them.

Not all VoD providers deliver a TV-like experience, so any regulatory change will need to be proportionate, particularly for smaller or niche services, to ensure essential protections like freedom of speech are not affected.

Notes to Editors

• The consultation is open for 8 weeks and closes on 26 October at 23:45 BST.
• This review into VoD regulation will form part of a number of measures as part of a wide-ranging broadcasting White Paper into the future of broadcasting which will be published this autumn.
• The consultation examines the current level of audience protection from harmful content provided through regulation and voluntarily by individual VoD services, and what steps are required to ensure appropriate protection levels for UK audiences going forward.
• Now the UK has left the European Union, this is an opportunity to improve upon EU aligned provisions under the Audiovisual Media Services Directive with regulations that are designed in the best interests of UK audiences.
• This consultation does not seek responses on wider broadcasting regulation, nor changes to how television or public service broadcasters such as the BBC or Channel 4 are funded or regulated. This consultation will also not cover changes to advertising rules/restrictions and does not cover topics such as introducing levies/quotas on VoD services. Responses on these issues will not be considered as part of this consultation.

BritBox, the new internet TV  joint venture from the BBC and ITV will not include classic homegrown series that are deemed to be inappropriate for fragile modern audiences.

The new £5.99-a-month service, which will also offer shows from Channel 4 and Channel 5, is aiming to compete with Netflix and Amazon Prime Video.

However, bosses have said a range of classic shows, such as the BBC's Till Death Us Do Part and ITV's Love Thy Neighbour , will not appear on the service because of content deemed racist or otherwise unacceptable.

Reemah Sakaan, the senior ITV executive responsible for launching the service confirmed that Till Death Us Do Part, Love Thy Neighbour, and It Ain't Half Hot Mum will all be absent.

There are numerous individual episodes of some shows that will appear on BritBox eg Only Fools and Horses and Fawlty Towers could be deemed inappropriate for modern viewing. However, it is understood that no Fawlty Towers episodes will be cut from the service, although they will run with warnings about offensive language, (and presumably censor cuts).