Revised Guidance for PSBs on Commissioning Codes of Practice: Responding to Ofcom’s Proposals

In its consultation on the Guidance for PSBs on commissioning Codes of Practice, Ofcom considered that lifting the current prohibitions on bundling and matching rights would provide greater flexibility in negotiations for both PSBs and producers, reduce the costs of commissioning negotiations and improve the availability of quality of content for audiences. At the same time, Ofcom stated that its proposed changes ‘were unlikely to lead to any major deviations from current practice or outcomes’.

In this report, we drew on market data and policy analysis to assess the likely impact of the proposals in practice, considering the competitive dynamics in the sector. We found that the proposals created the risk of serious unintended consequences. These would seem to run counter to Ofcom’s aims and duties around securing the interests of audiences, encouraging investment and innovation, promoting competition and economic growth, and proportionate and targeted regulation.

Click here to read the report.

Our evidence contributed to Ofcom’s decision not to pursue proposed changes to its Guidance for Public Service Broadcasters (PSBs) on Commissioning Codes of Practice, in relation to bundling and matching rights.