The Broadcasting (Regional Programme-making and Original Productions) (Amendment) Regulations 2025
The Broadcasting (Regional Programme-making and Original Productions) (Amendment) Regulations 2025, laid before and approved by Parliament, exercise powers granted under the Communications Act 2003 to implement provisions from the Media Act 2024 concerning programme-making quotas.
These regulations primarily confer new functions upon OFCOM to determine whether previously broadcast content ("repeats") can count towards meeting the regional programme-making quotas for licensed public service channels and to regulate original production quotas for these providers, including S4C, by amending the Broadcasting (Original Productions) Order 2004 to update definitions and align regulatory requirements.
Arguments For
The regulations update existing broadcasting legislation to align with changes introduced by the Media Act 2024, ensuring the regulatory framework for public service channels remains current.
Granting OFCOM explicit functions to determine whether repeated content ("repeats") can count towards regional programme-making or original production quotas provides necessary clarity and regulatory oversight in content scheduling.
Amending the definition of "original productions" specifically for S4C streamlines its regulatory structure by updating outdated terminology and aligning its quotas with general public service channel provisions.
Requiring OFCOM to publish guidance on determining which productions qualify for quota counts enhances transparency for broadcasters and the consistency of regulatory application.
Arguments Against
Assigning new determination and guidance obligations to OFCOM introduces increased administrative burden and potential complexity in monitoring compliance for both the regulator and the broadcasters.
Placing restrictions or conditions on counting repeated content towards quotas might force public service channels to commission significantly more new content than previously, potentially straining production budgets.
The regulations apply across England, Wales, Scotland, and Northern Ireland, potentially imposing uniform rules on regions with distinct broadcasting needs or histories without specific regional tailoring beyond the existing quota structures.
The explanatory note suggests no significant impact assessment was required, which might imply that potential subtle shifts in commissioning priorities or the definition of 'substantially the same material' are not fully accounted for.
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 278(6), 278(7A), 278C(2) and 278C(5) of, and paragraph 8(6) and (7A) of Schedule 12 to, the Communications Act 2003
The Secretary of State has consulted OFCOM, the BBC and S4C in accordance with sections 278(8) and 278C(9) of, and paragraph 8(8) of Schedule 12 to, 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 278(9) and 278C(10) of, and paragraph 8(9) of Schedule 12 to, the Communications Act 2003.
The Secretary of State enacted these Regulations using specific powers granted by the Communications Act 2003, referencing sections concerning broadcasting regulation and Schedule 12 provisions.
Before enacting the rules, consultation occurred with OFCOM (the regulator), the BBC, and S4C (the Welsh public service broadcaster), as mandated by the same Act.
Parliament approved a draft of these Regulations through a resolution in both Houses, fulfilling the necessary procedural requirements for statutory instruments.
Citation, commencement and extent
- (1) These Regulations may be cited as the Broadcasting (Regional Programme-making and Original Productions) (Amendment) 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 these legal rules is the Broadcasting (Regional Programme-making and Original Productions) (Amendment) Regulations 2025.
They officially become law and take effect on January 1st, 2026.
These regulations apply universally across the entirety of the United Kingdom, covering England, Wales, Scotland, and Northern Ireland.
Regional programme-making quotas - functions conferred on OFCOM 2. (1) OFCOM must determine whether qualifying audiovisual content that is made available by a person in the circumstances described in paragraph (2) may be counted towards meeting a regional programme-making quota condition.
(2) 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).
(3) In this regulation, a “regional programme-making quota condition” means a condition that forms part of the regulatory regime of a licensed public service channel by virtue of the following provisions of the Communications Act 2003—
(a) section 286(1)(a) and (aa) or (3)(a) and (aa) or section 288(1)(a) and (aa) (regional programme-making quotas relating to duration);
(b) section 286(1)(c) or (3)(c) or 288(1)(c) (regional programme-making quotas relating to expenditure), where the condition is framed by reference to the making available of qualifying audiovisual content.
This regulation assigns responsibility to OFCOM to rule on whether specific qualified video content, when re-broadcast or re-used, counts towards the required minimums for regional programming.
Content is scrutinized if the provider has already shown the identical or nearly identical material before, regardless of the year.
A "regional programme-making quota condition" refers to obligations placed on public service channels concerning the amount (duration) or the money spent (expenditure) on regional content, as defined in sections 286 or 288 of the Communications Act 2003.
Amendment of the Broadcasting (Original Productions) Order 2004 3. (1) The Broadcasting (Original Productions) Order 2004 is amended as follows.
(2) In article 3 (meaning of “original productions” for licensed public service channels), for paragraph (a) (but not the “and” after it) substitute— “(a) are commissioned by or for the provider of a licensed public service channel with a view to their first being made available in the United Kingdom on a service that is a qualifying audiovisual service;”.
(3) After article 3, insert—
“Original productions quota conditions (licensed public service channels) - functions conferred on OFCOM 3A. (1) OFCOM must determine whether qualifying audiovisual content that is made available by a person in the circumstances described in paragraph (2) may be counted towards meeting an original productions quota condition.
(2) 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).
(3) OFCOM may provide in an original productions quota condition that original productions of a description specified in the licence may not be counted towards meeting an original productions quota condition.
(4) OFCOM must prepare and publish guidance about the determination of whether an original production falls within a description specified in a licence by virtue of paragraph (3).
(5) OFCOM may provide in an original productions quota condition that the holder of the licence must have regard to that guidance.
(6) In this article, an “original productions quota condition” means a condition that forms part of the regulatory regime of a licensed public service channel by virtue of section 278(1) of the Communications Act 2003 (programming quotas for original productions).”.
(4) In article 4—
(a) in the heading, for “designated public services of the Welsh Authority” substitute “S4C”;
(b) omit “, in relation to the designated public services of the Welsh Authority,”;
(c) for paragraph (a) (but not the “and” after it) substitute— “(a) are commissioned by or for S4C with a view to their first being made available in the United Kingdom on a service that is a qualifying audiovisual service;”.
(5) After article 4, insert—
“Original productions duties (S4C) - functions conferred on OFCOM 4A. (1) OFCOM must determine whether qualifying audiovisual content that is made available by S4C in the circumstances described in paragraph (2) may be counted towards meeting any S4C original productions duty.
(2) Those circumstances are that S4C has previously made available audiovisual content consisting of the same, or substantially the same, material (whether in the same year or a previous year).
(3) OFCOM may give a direction to S4C that original productions of a description specified in the direction may not be counted towards meeting a S4C original productions duty.
(4) Before giving such a direction, OFCOM must consult S4C.
(5) OFCOM must prepare and publish guidance about the determination of whether an original production falls within a description specified in a direction given by virtue of paragraph (3).
(6) S4C must have regard to that guidance.
(7) In this article, a “S4C original productions duty” means a duty of S4C under or by virtue of paragraph 8(1) of Schedule 12 to the Communications Act 2003.”. ”
Regulation 3 initiates amendments to the Broadcasting (Original Productions) Order 2004, which governs what counts as an 'original production' for public service channel quotas.
The definition of an original production in Article 3 is updated for licensed public service channels, now requiring content to be commissioned with the view of being first broadcast in the UK on a qualifying audiovisual service.
New Article 3A grants OFCOM the power to assess whether repeated 'qualifying content' counts toward these channels' original production quotas.
Furthermore, OFCOM can specify types of content that cannot be counted and must issue guidance on this determination, which licensees must generally follow.
Articles 4 is amended throughout to replace outdated references to the "Welsh Authority" with the modern regulatory body name, S4C, affecting how its original production duties are defined.
New Article 4A establishes specific quota functions for OFCOM regarding S4C, mirroring those in Article 3A, allowing OFCOM to determine if S4C's repeats count towards its duties, issue directions on excluded content after consultation, and publish related guidance which S4C must heed.