For 22 years the Communications Act has been the law of the land on all things broadcasting. This week the regulator created by that act, Ofcom, announced it was starting a process that may lead to changes in the law. If this comes as news to you it may because you’ve had better things to do during July 2025 but it could also be the absence of news coverage. What regulation and legislation does Ofcom think needs changing and does the review have any impact on Ofcom’s disputes with GB News? Here’s my take:

1.What was the Ofcom announcement ? 

On 21st July 2025 Ofcom issued a press release headlined ‘Public Service content should be findable on YouTube’. The introduction said ‘Urgent steps must be taken to ensure that public service media content is easy to find and discover on third-party platforms, under new Ofcom recommendations to secure the system’s survival’. YouTube was the ‘third-party platform’ highlighted as being particularly important.

2. What were these Ofcom recommendations?

Of the regulator’s six recommendations the first four were about the future of PSBs (public service broadcasters such as BBC, Channel Four, ITV and Channel Five) and PSMs (public service media which Ofcom defines as mostly but not uniquely PSBs). Recommendation five was about the importance of media literacy. Sixth on the list of recommendations was ‘Streamlined regulation to strip away any undated and unnecessary restrictions’.

3.What kind of restrictions does Ofcom want to ‘strip away’.

No examples were given but the overall language in the press release was bold: ‘We are launching a fundamental review of our regulation of broadcast TV and radio’ and ‘this may involve legislative change as well as changes to our regulation’. In the body of the report there was no mention of ‘launching’ any ‘fundamental review’ but a lower key commitment: ‘we will review the regulation across linear and online services to determine if greater consistency is needed to protect audiences from harm no matter what they are watching and listening’. 

4. So what, as they say in the regulatory jargon, is ‘in scope’ for this review?  

I put that question to the Ofcom Media Relations Team and got this quote from an Ofcom spokesperson; ‘On the scope of this – we will look at what regulation needs to change to reflect market conditions and continue to protect and support audiences wherever they are. We’ll have more to say by the end of the year.’.

5. Any other clues? 

It’s worth listening to an interview which Cristina Nicolotti Squires, Ofcom’s Group Director of Broadcast and Media, gave to Matt Deegan of the Media Club podcast. At 17′ 30″ into the podcast Deegan put a direct question, was the review “about trying to change some of those rules” such as those which have caused regulatory and legal disputes with GB News. He didn’t get a direct answer, he was told that the review was about “making sure our regulation is fit for now”. It was “kind of like looking at it all really”. But some issues did get a passing specific mention from Nicolotti Squires: TV advertising, product placement, the future of the TV licence, and one piece of thinking aloud: instead of the separate content codes for broadcasting and video-on-demand “should there just be one code?”

6. What happens next?

Look out for Ofcom having ‘more to say by the end of the year’. There will also be ‘a comprehensive call for evidence this autumn’ and Ofcom will ‘seek input from stakeholders’. One moment in the podcast underlines that this process is nowhere near ready for launch. When Matt Deegan asked how his listeners could send in their views, the Ofcom executive seemed surprised: “that’s a good point” , but on reflection she reassured him: “everything is on our website”.In fact nothing about that particular process is on the website. 

7. How does all this connect with Ofcom’s problems with GB News?

Clearly Ofcom is going to be cautious saying anything while it considers the responses to its consultation on a tweak to the rules . The submission by Chris Banatvala and myself opposing that tweak and arguing for the enforcement of the existing rules is on this website. But a longer term review of the Broadcast Code and the legal framework could offer the regulator the opportunity to ask parliament to either tighten the rules on impartiality, relax them or abolish them for channels such as GB News.

8.Why did this announcement get tacked on as the last recommendation in a press release about PSB and the last page in a 65 page report when it potentially affects so much more ?

• It includes all the required political buzzphrases such as ‘strip away regulation’ and ‘encouraging growth and innovation’.
• Ofcom wants to get on the record the words ‘We are committing to update our regulation of broadcast TV and radio’ but isn’t actually ready to start. 
• Should Ofcom ever need an ‘off ramp’ from its GB News problems the review could provide one.

Finally, here’s what my former Ofcom colleague Chris Banatvala of Bear Consultancy Ltd thinks:

‘Ofcom has always prided itself on regulating only where necessary and certainly no more than the law requires. Nevertheless, there appear to be 3 possible options on the table. First, it may think that it needs to tighten up the rules to make sure all broadcasters follow them in the same way. Second, it may consider there’s room to be more liberal with the rules but within the current statutory framework. Or perhaps, third, it believes that the current legislation is just too out of date, and it believes now is the time for a root and branch review of the law and wants to make recommendations to the Government (for example, removing the universal requirement for due impartiality on all broadcasters). Given that the UK is no longer a member of the EU, it doesn’t have to comply with its Directives – and this could result in greater flexibility in areas like the number of advertising minutes per hour, also sponsorship and product placement. But a decision to no longer follow these European rules could have consequences elsewhere.

Looking at the review, itself, it’s difficult to interpret what direction Ofcom is going in’