Ofcom has published a Call for Evidence about the listed events regime as it begins its work implementing the Media Act 2024 (on which we’ve previously commented here).

The listed events regime governs the broadcast coverage of events of ‘national interest’ as designated by the Secretary of State. Invariably, these are major sporting occasions known as the ‘crown jewels’, and include the Olympic Games, the men’s and women’s World Cup, and Wimbledon.  The regime exists to ensure that the coverage of these events is widely available to audiences. Whilst it does not require rights holders to sell live rights, nor broadcasters to buy them or show the listed events, the regime works by prohibiting in certain circumstances the live coverage of listed events without Ofcom’s consent, and ensuring that the rights to live coverage of listed events is offered to broadcasters which meet certain criteria. As it stands, these broadcasters are known as “qualifying services”, and must be free-to-air and be receivable by at least 95% of the population. Any other service is a “non-qualifying service”.

As the media landscape has changed and viewers’ habits have evolved such that, according to Ofcom, in 2023 people in the UK watched on average 51% less broadcast TV than in 2014, the Media Act 2024 seeks to reflect these changes. In particular, the legislation changes the definition of “qualifying services” so that it applies only to services provided by a public service broadcaster (“PSB”), but includes on-demand services. It also broadens the scope of new providers to include streaming services.

Under the new regime, there will continue to be a distinction between ‘qualifying’ and non-qualifying’ services. Qualifying services will be those that are provided by a PSB, are available to audiences for free, and which make a significant contribution to the public service remit. All other services will be “non-qualifying”.

The Call for Evidence explains that the new regime “aims to ensure that, where live rights to a listed event are being sold, they are offered to both a qualifying and non-qualifying service”. The regime will also regulate the contracts that grant the rights to show live coverage for listed events, requiring, for example, that any contract granting such rights specifies whether it allows live coverage to be shown only on a qualifying service, or only on a non-qualifying service. Any contract that purports to grant exclusive rights to show live coverage of so-called ‘Group A’ events will be void.

There are also new measures governing the circumstances in which consent will be required from Ofcom to show a listed event. As the Call for Evidence sets out, while authorisation will always be required in order to show a listed event,  there are certain circumstances where authorisation will be automatic. For example, where services in both categories (i.e. qualifying and non-qualifying) have identical rights, live coverage will be automatically authorised (Ofcom gives the example of the BBC, as a qualifying service, and Warner Bros Discovery, as a non-qualifying service, each providing live coverage of Wimbledon without the need for authorisation). Automatic authorisation will also be granted for events that involve more than one sport (such as the Olympic Games) provided that rights to show “adequate live coverage” is held by a provider in the other category. Equally, live coverage will be automatically authorised in the case of so-called Group B Events “where rights to show ‘adequate alternative coverage’ are held by a person (or persons) in addition to the provider of the first service”.

If authorisation is not automatic, Ofcom can give its consent to show live coverage of a listed event. The Call for Evidence states that this will typically arise when either a qualifying or non-qualifying service alone is granted rights to a listed event.

In order to implement the changes to the new regime, Ofcom is required to “draw up a code giving guidance about certain matters relating to the regime”. It is also empowered to define many of the relevant definitions that arise within the new regime, and the Call for Evidence invites input on these matters, asking four questions:

1. What matters should it take into account in defining “live’ coverage”?
2. What factors should it take into account in defining “adequate live coverage”?
3. What factors should it take into account in defining “adequate alternative coverage” for Group B events?
4. What matters should it consider when revising the listed events Code?

The Call for Evidence is open for responses until 26 September 2024, and can be read in full here.