Draft Broadcasting (Regional Programme-making and Original Productions) (Amendment) Regulations 2025
Draft Broadcasting (Independent Productions) Regulations 2025
(1 day, 8 hours ago)
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The Minister for Creative Industries, Media and Arts (Ian Murray)
I beg to move,
That the Committee has considered the draft Broadcasting (Regional Programme-making and Original Productions) (Amendment) Regulations 2025.
The Chair
With this it will be convenient to consider the draft Broadcasting (Independent Productions) Regulations 2025.
Ian Murray
The Media Act 2024 received Royal Assent on 24 May 2024 and made much-needed changes to the regulation of public service broadcasting, which was last substantively updated in 2003. Since then, internet access and streaming services have fundamentally changed how audiences access content. The changes introduced by the Media Act are vital to ensuring that our public service broadcasters—PSBs—have the flexibility to serve audiences across the UK with high-quality programmes on a wide range of services. The Department has already begun the process of bringing into force the provisions of the Act, which will modernise the UK’s system of public service broadcasting. These statutory instruments form part of that implementation work, specifically in relation to the PSB quotas and the quota system.
As Members may be aware, each PSB operates under a compact, which is an exchange of benefits and obligations. The benefits include guaranteed access to spectrum and prominence on TV guides, and the obligations include quotas, which are quantitative obligations placed on a channel to make and/or broadcast a specified amount of content, such as news and current affairs programmes. Quotas are an important regulatory tool to ensure that PSBs produce an appropriate range of content that is relevant to the country and their viewers.
The draft instruments relate to three PSB quota obligations. The first is the independent productions quota, which requires PSBs to commission a certain amount of programming from independent producers, which are a key part of the broadcasting and TV production ecosystem. The second is the original productions quota, which requires PSBs to broadcast programmes they have commissioned directly, rather than programmes acquired from others. The third is the regional and national productions quota, which places requirements on public service broadcasters regarding the proportion of programmes made outside London, as well as the proportion of expenditure on making programmes outside London.
Currently, the quotas can be delivered only by a PSB’s designated linear channel, such as BBC One, BBC Two or ITV1. In 2020, Ofcom’s previous public service media review, “Small Screen: Big Debate”, concluded that the PSB system, including the quotas, was in need of modernisation. When fully commenced, the Media Act will permit the delivery of PSB quotas via a wide range of other services, including on-demand services such as iPlayer and ITVX, which reflects changes in technology, consumer behaviour and increased competition from on-demand services. The Act also amends the regulatory regime to convert the existing percentage quota to a number-of-hours quota so that it can apply to on-demand programming as well as just the linear channels. The regulations simply introduce the necessary technical tweaks required to implement the changes in the Media Act.
The snappily named draft Broadcasting (Regional Programme-making and Original Productions) (Amendment) Regulations 2025 will amend the Broadcasting (Original Productions) Order 2004 to update relevant defined terms to align with the changes made by the Media Act— I hope the shadow Minister is following this. The regulations also confer powers on Ofcom concerning the treatment of repeats in relation to both original and regional and national productions.
Meanwhile, the draft Broadcasting (Independent Productions) Regulations 2025 will revoke and replace the Broadcasting (Independent Productions) Order 1991 to update relevant terminology, as set out in the Media Act, and to set the level of the modernised independent productions quota for each PSB. In case anyone is not awake and following this, it will be repeated on BBC Two.
The Media Act gives the Secretary of State the power to specify a minimum number of hours for the purposes of the independent production quota for each public service broadcaster. The new modernised quota for each PSB is set out in schedule 1 to the Act, which every member of the Committee has. Given that our public service broadcasters generally outperform their independent production quotas every year, our ambition is to replicate the effect of the existing, non-modernised quota, and to ensure that the quota itself remains fit for purpose and operable for on-demand services. It should be noted that the percentage quota that applies to non-PSBs will remain unchanged.
I will quickly mention the role of the regulator, Ofcom. While the Secretary of State sets the minimum level of the independent productions quota, the task of setting the level of the original and the regional and national productions quotas is delegated to Ofcom itself. Given that Ofcom is responsible for setting the level of these quotas, it was decided that Ofcom should also determine, as part of that process, the treatment of repeats in those areas. This was done to ensure that decisions made about the level of the public service broadcasters’ quotas, and how many times programmes can contribute to them, make operational sense. The regulations therefore require Ofcom to determine whether repeats may be counted towards the original and regional productions quotas.
Furthermore, Ofcom has also been given the power to determine the types of content that can count towards the original productions quota. Ofcom leads this process and has been consulting stakeholders on their terminology and methodology for determining the appropriate levels of the quotas, as well as the treatment of repeats. Ofcom will also continue to be responsible for monitoring the delivery of PSB quotas, as set out in the PSBs’ licences and in agreement with S4C. It will shortly begin the licence variation process to amend the quota conditions in the PSB licences of Channels 3, 4 and 5, which will need to account for these changes to the PSBs’ quotas.
The PSBs play a vital role in the UK TV sector and produce high-quality public service content that audiences across the UK value very much. We know that, in a lot of cases, PSBs routinely surpass their quotas, so these regulations are primarily designed to give them the tools to deliver the quotas where the audiences are actually watching the programmes.
The Government are aware that the media landscape is going through a period of rapid change due to shifts in viewing habits, which poses both opportunities and challenges for PSBs. That is why we are getting on with implementing the Media Act, which delivers important reforms to support the future sustainability of our public service broadcasters. This includes bringing forward these draft regulations for debate today, and I commend them both to the Committee.
Mr Louie French (Old Bexley and Sidcup) (Con)
As always, it is a pleasure to serve under your chairmanship, Sir Edward. As the Minister rightly said, these regulations are made under powers introduced by the Media Act 2024, which is a significant piece of legislation designed to modernise our broadcasting framework for the digital age, passed under the previous Conservative Government.
The draft Broadcasting (Regional Programme-making and Original Productions) (Amendment) Regulations 2025 update the Broadcasting (Original Productions) Order 2004 to ensure that key definitions and obligations remain consistent with the new statutory regime established by the Act. In particular, these regulations bring the treatment of repeats within the original and regional productions quotas up to date, reflecting the way in which programmes are now produced, distributed and consumed.
As members of the Committee will know, the Media Act gave the Secretary of State the power to determine whether repeats of public service content could count towards broadcasters’ quotas. These regulations delegate the responsibility to Ofcom, the industry regulator, which already sets the levels of the original productions and regional programme-making quotas for public service broadcasters, other than the BBC. Allowing Ofcom to decide how repeats are treated ensures a coherent and practical approach—one that links the measurement of quotas to the operational realities of programming, commissioning and scheduling.
By modernising the definitions and entrusting Ofcom with the appropriate discretion, these regulations help to maintain the integrity of the United Kingdom’s public service broadcasting system, while ensuring that it remains fit for purpose in a fast-changing media landscape. They are a further example of how the previous Conservative Government’s Media Act continues to provide the foundations for a flexible, forward-looking and well-regulated broadcasting sector.
Moving on to the draft Broadcasting (Independent Productions) Regulations 2025, as members of the Committee will know, the previous regime for independent production quotas was based on linear television, requiring each public service broadcaster to commission at least 25% of their qualifying hours from independent producers. However, as audiences have increasingly turned to on-demand platforms, such as ITVX and BBC iPlayer, the old system no longer reflected how viewers were accessing public service content. The Media Act addressed this by extending the scope of the quotas so that they could be delivered across a broadcaster’s wide range of services, and by converting percentage-based quotas into minimum hours targets.
This statutory instrument gives effect to those provisions, setting the new quotas for each of the main public service broadcasters—the BBC, S4C and Channels 3, 4 and 5—based on a five-year average of qualifying hours. I understand that the updated framework has been agreed with both Ofcom and the broadcasters themselves to ensure that it remains balanced, proportionate and achievable. It also updates the definitions of “independent production” and “independent producer” to bring them into line with modern industry practice without making substantive policy changes.
An important part of the reform relates to Channel 4. Following the removal of the publisher-broadcaster model under the Media Act, Channel 4 has been permitted to undertake limited in-house production for the first time. To maintain its strong relationship with the independent sector, the quota for Channel 4 has been increased from 25% to 35% of its programming hours. We believe this represents a fair and reasonable adjustment that safeguards opportunities for small and medium-sized independent producers, while giving Channel 4 the scope to adapt and innovate.
Overall, this instrument reflects a pragmatic and forward-looking approach to media regulation. It ensures that public service broadcasters continue to meet their obligations to commission high-quality, independent content while providing flexibility to operate effectively in a rapidly changing digital landscape. It builds on the legislative foundations set out by the Media Act and maintains the UK’s reputation for having a diverse, independent and world-leading broadcasting sector. On that note, we will not be seeking to divide the Committee.
Ian Murray
These regulations are a small part of a much larger piece of ongoing work within the Department and Ofcom to implement the entire Media Act. That work has cross-party support, and we are looking to take it forward. Ofcom, the public service broadcasters and the Government—including the previous Government—have all been working together to make sure we can get these regulations right for the industry.
Question put and agreed to.
DRAFT BROADCASTING (INDEPENDENT PRODUCTIONS) REGULATIONS 2025.
Resolved,
That the Committee has considered the draft Broadcasting (Independent Productions) Regulations 2025.—(Ian Murray.)