The Broadcasting (Independent Productions) Regulations 2025
These Regulations, made by the Secretary of State under the Communications Act 2003, establish key definitions and quotas governing independent audiovisual productions for UK broadcasters, coming into force on January 1st, 2026.
The rules define what constitutes an 'independent producer' and 'independent productions,' specify the minimum annual quotas—detailed in a Schedule—for public service broadcasters like the BBC and Channel 3 services, and clarify rules regarding commissioned content, production costs, and repeat counting.
Furthermore, the instrument revokes the preceding Broadcasting (Independent Productions) Order 1991 and related amendments, updating the regulatory landscape following changes introduced by the Media Act 2024.
Arguments For
The regulations formalize and update the framework for quotas of independent productions for major UK broadcasters, ensuring continued support for the independent production sector.
By setting specific annual hour quotas for the BBC, S4C, Channel 3 services, Channel 4, and Channel 5, the rules provide clear targets and accountability for fulfilling obligations set out in the Media Act 2024.
The detailed definitions for 'independent producer' and 'independent productions' clarify complex relationships, such as shareholdings and production involvement, reducing ambiguity in compliance.
Revoking the older 1991 Order replaces an outdated regime with modern rules aligned with current broadcasting technology and market structures.
Arguments Against
The introduction of specific, potentially high, quotas requires significant operational planning and financial commitment from broadcasters, potentially constraining in-house production choices.
The detailed definitions regarding 'connected persons' and 'relevant shareholdings' may create complex compliance hurdles for smaller or rapidly evolving production companies seeking independent status.
Excluding certain programmes (like news or Open University content) and repeat programming from quota calculations might narrow the scope of mandated support for independent producers.
The exemption for local television broadcasters from certain restrictions regarding production facilities requirements could introduce uneven regulatory pressure across the broadcasting landscape.
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 277(1)(b), 277(2)(b), 278C(2), 309(2) and 402(3)(c) of, and paragraphs 1(1)(b) and 1(2)(b), 7(1)(b) and 7(2)(b) of Schedule 12 to, the Communications Act 2003.
The Secretary of State enacted these regulations using specific powers granted under the Communications Act 2003.
These powers relate to setting rules for independent productions under various sections and schedules of that Act, highlighting the legal basis for this legislation.
The Secretary of State has consulted OFCOM, the BBC and S4C in accordance with sections 277(11), 278C(9) and 309(4) of, and paragraphs 1(12) and 7(10) of Schedule 12 to, the Communications Act 2003.
Before creating these regulations, the Secretary of State formally consulted with key industry bodies: OFCOM (the regulator), the BBC, and S4C. This consultation was carried out as required by specific consultation clauses within the Communications Act 2003.
A draft of these Regulations has been laid before Parliament and approved by a resolution of each House of Parliament in accordance with sections 277(12), 278C(10) and 309(5) of, and paragraphs 1(13) and 7(11) of Schedule 12 to, the Communications Act 2003.
Parliament formally approved these regulations.
A draft version was presented to both the House of Commons and the House of Lords, and both Houses passed a resolution confirming their approval, as mandated by the empowering sections of the Communications Act 2003.
Citation, commencement and extent
- (1) These Regulations may be cited as the Broadcasting (Independent Productions) Regulations 2025 and come into force on 1st January 2026.
(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
The official title of this legislation is the Broadcasting (Independent Productions) Regulations 2025.
They become active law on January 1st, 2026.
This legislation applies across the entire United Kingdom: England, Wales, Scotland, and Northern Ireland.
Interpretation 2. (1) In these Regulations—
“the 2003 Act” means the Communications Act 2003;
“broadcaster” means—
(a) the BBC,
(b) S4C, or
(c) a person who provides a relevant regulated television service;
“control” has the same meaning as in paragraph 1 of Schedule 2 to the 1990 Act;
“excluded programme” means—
(a) a programme which consists wholly or mainly of news,
(b) a programme constituting part of a series of programmes which—
(i) consist, wholly or mainly, of news or items relevant to news,
(ii) are presented live, and
(iii) are usually shown on at least four days in each of the weeks when they are shown,
(c) a programme provided by or on behalf of the Open University, or
(d) a broadcast on behalf of a political party or any statement by a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975 or by the Scottish Ministers;
“local television broadcaster” means a person who provides a local digital television programme service (within the meaning of article 3 of the Local Digital Television Programme Services Order 2012) and no other relevant regulated television service;
“producer” means a person by whom the arrangements necessary for—
(a) the making of a programme, or
(b) in the circumstances described in regulations 4(2)(c) and 6(2)(c), the making of part of a programme,
are undertaken;
“production facilities requirement” means a contractual obligation a broadcaster has required, as a condition on which the contract is granted, that the producer must—
(a) use the production facilities of the broadcaster, or
(b) not use the production facilities of another broadcaster,
unless this requirement arises from an obligation contained in an earlier contract that remains in force;
“programme” does not include an advertisement or any separate item whose duration is two minutes or less;
“relevant broadcaster” means the person who provides a digital television programme service that is not comprised in a licensed public service channel and “relevant television programme service” means that service;
“relevant provider” means—
(a) the BBC,
(b) S4C, or
(c) the provider of a licensed public service channel;
“relevant regulated television service” has the meaning given by section 13(1A) of the 1990 Act.
This section establishes key definitions used throughout the regulations to ensure legal clarity. "The 2003 Act" refers to the Communications Act 2003.
A "broadcaster" includes the BBC, S4C, or a provider of a regulated television service.
"Excluded programmes" are those related broadly to news, live serial broadcasts meeting specific frequency criteria, Open University content, or political statements, meaning these do not count towards quotas.
A "producer" is the person arranging for the making of a programme.
Crucially, a "production facilities requirement"—a contract condition forcing a producer to use the broadcaster's own facilities—is defined to prevent this from counting towards required independent content.
(2) For the purposes of these Regulations—
(a) the following persons are treated as connected with a broadcaster—
(i) a person who controls the broadcaster,
(ii) an associate of the broadcaster or of a person falling within paragraph (i), and
(iii) a body which is controlled by the broadcaster or by an associate of the broadcaster;
(b) “associate” is to be construed in accordance with paragraph 1(1A) of Schedule 2 to the 1990 Act.
This part clarifies the concept of being 'connected with a broadcaster' for regulatory purposes.
Connection includes anyone controlling the broadcaster, their associates, or any body controlled by the broadcaster or its associates.
The term 'associate' is defined by referencing existing provisions in the 1990 Act.
(3) In the definition of “production facilities requirement”, a reference to the production facilities of a broadcaster means—
(a) any premises or equipment which may be used to make a programme and which are owned or leased by that broadcaster or are otherwise under their control, and
(b) any person who is employed by, or has contractual obligations with, that broadcaster in connection with the making of programmes except any person who is employed, or has contractual obligations, to be seen or heard (or both) on programmes.
This clarifies what 'production facilities' includes when assessing a production facilities requirement.
It covers premises and equipment owned, leased, or controlled by the broadcaster.
Employees or contractors who are featured in programmes (i.e., on-screen talent) are explicitly excluded from being considered part of the broadcaster's production facilities for this definition.
(4) For the purposes of these Regulations, a programme may be treated as being made by a particular person or persons notwithstanding that more than 75% of the duration of the programme includes images or images and sounds which have been provided by some person other than that person or those persons where—
(a) the images or images and sounds so provided are not broadcast live, and
(b) changes of substance (whether by means of editing or otherwise) have been made to such images or images and sounds.
A programme can still be considered made by a specific person or entity, even if over 75% of its duration consists of material provided by someone else.
This exception applies only if the externally provided images or sounds were not shown live and have undergone significant substantive changes, such as editing.
(5) For the purposes of these Regulations, a programme must not be prevented from being treated as having been commissioned by a broadcaster by reason only of the fact that it was intended to be first shown commercially in cinemas.
A programme remains eligible for quota consideration as a commissioned piece, even if it was originally intended for a commercial theatrical (cinema) release before or instead of television broadcast.
(6) In the application of regulation 3(3) and regulation 4(2) to a regional Channel 3 service, references to the relevant provider include references to the provider of another regional Channel 3 service or any person acting on behalf of such providers.
When applying rules regarding shareholding (Regulation 3(3)) and commissioning conditions (Regulation 4(2)) specifically to a regional Channel 3 service, the definition of 'relevant provider' extends to include other regional Channel 3 providers or their representatives.
(7) In the application of regulation 3(3) and regulation 4(2) to a regional Channel 3 service where the provider of that service also provides, or is an associate of the provider of, the national Channel 3 service, references to the relevant provider include references to the provider of the national Channel 3 service or any person acting on behalf of that provider.
If a regional Channel 3 service provider is connected to (or is the same as) the national Channel 3 service provider, the references to 'relevant provider' in the shareholding and commissioning rules must also include the national Channel 3 provider or its representatives.
Meaning of “independent producer” 3. (1) In these Regulations, an “independent producer” means a producer—
(a) who is not a broadcaster, an employee of a broadcaster or a person connected with a broadcaster,
(b) who does not have a relevant shareholding greater than 25% in a broadcaster or a person connected with a broadcaster, unless the exception in paragraph (2) applies, and
(c) which is not a body corporate in which either—
(i) any one broadcaster or person connected with a broadcaster has a relevant shareholding greater than 25%, or
(ii) more than two broadcasters or persons connected with a broadcaster together have an aggregate relevant shareholding greater than 50%.
This regulation establishes the primary definition of an 'independent producer.' An independent producer cannot be a broadcaster, their employee, or a connected person.
They also face ownership restrictions: they cannot hold over 25% of shares in a broadcaster, nor can the producer itself be significantly owned by one broadcaster (over 25%) or by two or more broadcasters in aggregate (over 50%).
(2) For the purposes of paragraph (1)(b), a relevant shareholding does not include any shareholding which a producer has in a local television broadcaster or a person connected with a local television broadcaster unless the shareholding is in a person who is connected with the local television broadcaster and the person is—
(a) a broadcaster other than a local television broadcaster, or
(b) connected with a broadcaster who is not a local television broadcaster.
This is an exception regarding the 25% shareholding limit mentioned in 3(1)(b).
If a producer holds shares in a local television broadcaster, those shares are ignored unless the person connected to the local broadcaster they hold shares in is itself a non-local broadcaster or connected to one.
(3) For the purposes of paragraph (1), “relevant shareholding” means a shareholding held in the circumstances in which a person or persons—
(a) hold or are beneficially entitled to more than the percentage of shares specified in paragraph (1)(b) and (c); or
(b) possess more than that specified percentage of voting power in the body in question.
A 'relevant shareholding' refers to ownership of shares or voting power exceeding the thresholds defined earlier (25% or 50% aggregate).
This calculation includes both beneficial entitlement and direct share possession, as well as voting power percentage.
(4) For the purposes of this regulation, a person holds or is beneficially entitled to shares, or possesses voting power, in a body corporate whether that person—
(a) does so or is so entitled alone or jointly with one or more persons, and
(b) whether that person does so or is so entitled directly or through one or more nominees.
Ownership calculations for determining a 'relevant shareholding' are comprehensive. They include shares or voting power held by an individual alone or jointly.
Furthermore, holdings are counted whether they are direct or held indirectly through nominees.
(5) A person is to be treated as an independent producer, despite not meeting the requirements in paragraph (1), where they have made a programme (whether on their own or together with any other person) providing that—
(a) they were commissioned to make the programme, whether on their own or together with any other person, by a relevant provider or relevant broadcaster,
(b) they were an independent producer when commissioned,
(c) the relevant provider or relevant broadcaster so commissioned them in good faith in the expectation that they would be an independent producer when performing their part in the making of the programme,
(d) the programme was made within 2 years of the date on which they were so commissioned, and
(e) in the circumstances described in regulation 4(2)(c) or regulation 6(2)(c), the part of a programme made by the person is the part referred to in paragraph (iii) of those sub-paragraphs.
This provides a 'grandfathering' clause allowing a producer who temporarily ceases to meet the independence requirements to still be treated as an independent producer, provided they were independent when initially commissioned for the work (a, b).
The commissioning must have been in good faith (c), and the work must have been completed within two years (d).
Sub-clause (e) links this to specific production arrangements regarding externally provided live footage.
(6) For the purposes of paragraph (5), a producer is commissioned to make a programme on the date on which they become subject to a contractual obligation to make that programme (whether on their own or with another person) regardless of whether that obligation is subsequently varied or supplemented by any further contractual provisions relating to the making of the programme.
Commissioning date for the purpose of the grandfathering clause (paragraph 5) is fixed to the day the producer enters into a binding contractual commitment to create the programme.
Subsequent changes or additions to the contract do not alter this initial commission date.
Meaning of “independent productions” in section 277 of, and Schedule 12 to, the 2003 Act 4. (1) For the purposes of section 277 of, and paragraphs 1 and 7 of Schedule 12 to, the 2003 Act, a reference to “independent productions” is a reference to programmes that meet Conditions A to C.
This section defines what counts as 'independent productions' for the quotas that apply to public service broadcasters under sections 277 and Schedule 12 of the Communications Act 2003.
A programme must satisfy three criteria, labelled Condition A, B, and C, to qualify.
(2) Condition A is that the programme has been commissioned by the relevant provider and—
(a) has been made by an independent producer,
(b) has been made by—
(i) the relevant provider together with an independent producer, or
(ii) an independent producer together with any other person,
where 25 % or more of the cost of the production of the programme has been borne or provided by the relevant provider, or
(c) includes images or images and sounds which have been provided by a person other than the relevant provider, or a person commissioned by them, where—
(i) the images or images and sounds so provided consist of live coverage of an event,
(ii) they do not exceed 75 % of the duration of the programme, and
(iii) the remainder of the programme, including any sound commentary added to those images or images and sounds, has been made by an independent producer.
Condition A primarily states the programme must be commissioned by the relevant provider.
It qualifies if it is made by an independent producer alone (a), or jointly where the provider bears 25% or more of the cost (b).
A specific provision exists for live event coverage (c): if externally supplied live footage is under 75% of the total duration, the remaining part, including commentary, must be made by an independent producer for the programme to qualify.
(3) Condition B is that the programme has been made pursuant to a contract between the relevant provider and producer which—
(a) where any contractual obligations—
(i) concern directly or indirectly, the making of programmes (but not in respect of the use made of them), and
(ii) are capable of remaining in force for a period in excess of five years,
provides either side with the right to terminate those obligations at intervals of not more than five years, but without prejudice to any rights in respect of obligations that had not been discharged at the date of termination, and
(b) does not include a production facilities requirement.
Condition B relates to the commissioning contract terms.
If the contract details obligations about making programmes (not about how they are used) that could legally last more than five years, the contract must allow termination every five years without affecting rights already accrued.
Crucially, the contract must not impose a 'production facilities requirement' on the producer.
(4) Condition C is that the programme is not an excluded programme.
Condition C is straightforward: the programme must not fall into any category defined earlier as an 'excluded programme,' such as news or political broadcasts.
Independent productions quotas for relevant providers and provision about their fulfilment 5. (1) For the purposes of section 277 of, and paragraphs 1 and 7 of Schedule 12 to, the 2003 Act, the total duration of independent productions for each relevant provider is at least the number of hours per year specified in the Schedule.
This mandates minimum annual hour quotas for independent productions for defined 'relevant providers,' referencing the specific hour targets detailed in the Schedule attached to these regulations, as required by the Communications Act 2003.
(2) Qualifying audiovisual content that is made available in the circumstances described in paragraph (3) may not be counted towards meeting the quota condition in paragraph (1).
Audiovisual content that meets certain criteria described in the next paragraph cannot be used by a broadcaster to satisfy their independent production quota obligations defined in paragraph (1).
(3) Those circumstances are that the person has previously made available audiovisual content consisting of the same or substantially the same material (whether in the same year or a previous year).
The circumstances where content cannot count towards the quota involve repeats.
If the content being broadcast or made available is the same or substantially the same material that was previously made available by that person, even in a different year, it does not count towards the quota.
Meaning of “qualifying programmes” in section 309 of the 2003 Act 6. (1) For the purposes of section 309(1) of the 2003 Act, a reference to “qualifying programmes” are to the programmes included in the relevant television programme service that meet Conditions A and B.
This section defines 'qualifying programmes' for the purposes of section 309 of the 2003 Act, which applies to broadcasters other than the main public service broadcasters.
A programme must meet both Condition A and Condition B.
(2) Condition A is that the programme—
(a) is made either by the relevant broadcaster or by a person commissioned by them,
(b) is made by—
(i) the relevant broadcaster together with any other person, or
(ii) by a person commissioned by the relevant broadcaster together with any other person,
where 25 % or more of the cost of the production of the programme has been borne or provided by the relevant broadcaster, or
(c) includes images or images and sounds which have been provided by a person other than the relevant broadcaster or a person commissioned by them where—
(i) the images or images and sounds so provided consist of live coverage of an event,
(ii) they do not exceed 75 % of the duration of the programme, and
(iii) the remainder of the programme (including any sound commentary added to those images or images and sounds) has been made by the relevant broadcaster or a person commissioned by them.
Condition A for these broadcasters covers production origin.
It counts if the programme is made entirely by the broadcaster or commissioned party (a).
It also counts if the broadcaster or a commissioned party covers 25% or more of the production cost (b).
Similar to Regulation 4, live remote coverage exceeding 75% of runtime is excluded unless the remaining portion is made internally (c).
(3) Condition B is that the programme is not an excluded programme or a programme that has previously been shown in substantially the same form on the relevant television programme service.
Condition B states that the programme must not be an 'excluded programme' (like news) and must not be a repeat already broadcast in substantially the same format on that specific television service.
Meaning of “independent productions” in section 309 of the 2003 Act 7. (1) For the purposes of section 309(1) of the 2003 Act, a reference to “independent productions” is a reference to any programmes that meet Conditions A to C.
This section defines 'independent productions' specifically for the requirements under section 309 of the Communications Act 2003, which generally applies beyond the main public service broadcasters.
A programme must satisfy Conditions A, B, and C to meet this definition.
(2) Condition A is that the programme falls within the definition of “qualifying programme” specified in regulation 6.
For a programme to be deemed an 'independent production' under section 309, Condition A requires that it must first satisfy the definition of a 'qualifying programme' laid out in Regulation 6.
(3) Condition B is that—
(a) in the case of a programme to which sub-paragraph (a) of regulation 6(2) applies, has been made by an independent producer,
(b) in the case of a programme to which sub-paragraph (b) of that provision applies, has been made by an independent producer together with any other person, or
(c) in the case of a programme to which sub-paragraph (c) of that provision applies, the part of a programme made by the person is the part referred to in paragraph (iii) of those sub-paragraphs has been made by an independent producer.
Condition B ensures that the production element defining the programme as 'qualifying' (per Regulation 6(2)) must involve an independent producer.
Depending on whether the programme originated from direct commissioning, cost-sharing, or live footage inclusion, the independent producer must be responsible for the specified part of the work.
(4) Condition C is that the programme has been made in pursuance of a contract between a relevant broadcaster and a producer which—
(a) where any contractual obligations—
(i) concern directly or indirectly, the making of programmes (but not in respect of the use made of them), and
(ii) are capable of remaining in force for a period in excess of five years,
provides either side with the right to terminate those obligations at intervals of not more than five years (but without prejudice to any rights in respect of obligations that had not been discharged at the date of termination), and
(b) does not include a production facilities requirement.
Condition C mirrors Condition B in Regulation 4 by setting contractual requirements similar to those for public service broadcasters.
The contract terms for programme making must allow for five-year termination rights if the term exceeds five years.
It also forbids the inclusion of a 'production facilities requirement.'
Revocations 8. The following enactments are revoked—
(a) the Broadcasting (Independent Productions) Order 1991;
(b) the Broadcasting (Independent Productions) (Amendment) Order 1995;
(c) paragraph 147 of Schedule 2 to the Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999;
(d) the Broadcasting (Independent Productions) (Amendment) Order 2003;
(e) articles 5 to 8 of the Broadcasting (Local Digital Television Programme Services and Independent Productions) (Amendment) Order 2012;
(f) regulation 5 of the Broadcasting and Communications (Amendment) Regulations 2013;
(g) the Broadcasting (Independent Productions) (Amendment) Order 2014.
This final operative section formally revokes several pieces of historical legislation and accompanying amendments, including the primary order governing independent productions since 1991.
This action replaces the old framework with the current 2025 Regulations.
Schedule Independent productions quotas for relevant providers
Relevant Provider | Independent productions quota (hours per year) ---|--- BBC | 1675 The provider of any regional Channel 3 service where the provider of that service does not also provide, nor is an associate of the provider of, the national Channel 3 service | 725 The provider of any regional Channel 3 service where the provider of that service also provides, or is an associate of the provider of, the national Channel 3 service | 750 The provider of the national Channel 3 service where the provider of that service does not also provide, nor is an associate of the provider of, any regional Channel 3 service | 25 C4C | 600 S4C | 375 The provider of Channel 5 | 350
The Schedule details the mandatory annual minimum number of hours dedicated to independent productions that each major broadcaster must meet.
It sets specific requirements for the BBC (1675 hours), Channel 4 (600 hours), S4C (375 hours), and Channel 5 (350 hours).
It also differentiates the required hour quotas for regional Channel 3 services based on whether that provider is associated with the national Channel 3 service provider.