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Ofcom consults on BBC regulation

It will have the powers to regulate fully the BBC’ s online material, including on important issues such as due impartiality and the protection of under 18s.

Ofcom is proposing changes to how it regulates the BBC. The aim is to strengthen protections for audiences, particularly as people increasingly access BBC content online. The changes follow an extension of the media regulator’ s powers in the Government’ s BBC Mid-Term Review.

Ofcom is seeking views on a proposed new code for BBC online material. For the first time, this will introduce enforceable rules for BBC content posted online – including on BBC websites, apps, social media accounts( including reposts) and educational materials.
The aim is to ensure that the BBC’ s online material meets similar high standards to those which audiences expect from traditional broadcast content. Where needed, the proposed rules have been tailored to reflect the differences between broadcast and online content.
Historically, Ofcom has not had the power to enforce rules for BBC online material. Under existing arrangements, Ofcom could only consider complaints and provide a nonbinding‘ opinion’ on whether the BBC has observed its own Editorial Guidelines. Now it will have the powers to regulate fully the BBC’ s online material, including on important issues such as due impartiality and the protection of under 18s.
Ofcom’ s consultation on the proposed new Code – which also includes proposed procedures for handling complaints, investigations and sanctions – is open until August 27th 2026, with a final decisions expected later in 2026. At that time, Ofcom will also publish guidance to accompany the Code, explaining how it expects expect the
BBC to apply the new rules in practice. Ofcom is also setting out how it will increase its oversight of BBC complaints.
Audiences will still need to complain to the BBC first, but the BBC’ s complaint decisions will now be subject to greater transparency and external scrutiny by Ofcom.
Ofcom has been given a new duty regularly to review a sample of complaints that reach the BBC’ s‘ stage 2’ process – the point at which they are escalated to the BBC’ s Executive Complaints Unit. Ofcom says this will help ensure it has confidence that complaints which are not brought to Ofcom directly do not raise issues warranting investigation under its Broadcasting Code.
Ofcom has published a protocol for how these reviews will be conducted. It covers, among other things, its approach to sample selection, how it will report its findings, and next steps should it identify issues warranting investigation.

Trade body the Audiovisual Anti- Piracy Alliance( AAPA) has submitted its recommendations to the European Commission’ s copyright reform process, calling for urgent legislative action to tackle the growing threat of live piracy across Europe.

It suggests the reality is stark.“ Live piracy is growing and causing enormous harm to the legitimate industry as well as the safety of online users,” it asserts.
It is also increasingly being facilitated by offshore,

AAPA urges EC live piracy action

non-compliant hosting providers – all of which operate beyond the reach of effective enforcement, but that use European internet infrastructure to distribute not only illegal content, but a huge range of cyber and security threats to millions of users, it notes.
According to AAPA, it is not just a copyright issue, but a challenge to Europe’ s digital security, safety and sovereignty.
AAPA is urging the Commission to act. It should introduce:
• A clear legal requirement for legitimate hosting providers to remove pirated live content immediately, and prevent it from being re-hosted.
• A regulatory framework to identify persistent noncompliant offshore hosting providers that facilitate criminal behaviour and bar them from continuing to benefit from European internet infrastructure.
• A harmonised European framework for dynamic live blocking, ensuring rights holders have effective tools to protect live events where other measures fail. It says that these are practical and proportionate measures that reflect the way live piracy operates today.“ It will mean stronger protection for Europe’ s creative and sports sectors, and will reinforce the resilience and integrity of Europe’ s digital ecosystem,” it says.
AAPA looks forward to working with the European Commission and stakeholders across the digital ecosystem to deliver an effective legislative framework that meets the scale and urgency of this challenge.
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