There have been growing fears over the veracity and impartiality of news media over recent years, as an increasing number of people rely on algorithm-driven social media sources and online platforms to stay up to date. Culture secretary Lisa Nandy recently acknowledged the challenges facing a system “where the press is almost entirely self regulated, broadcast media is independently regulated, and an online world which has resembled the Wild West.” And even in scenarios where adequate regulation exists, the regulators are often failing to uphold the rules according to former Guardian editor-in-chief Alan Rusbridger. In this article, we consider some of the issues around the effective regulation of broadcast news, in the context of wider changes to the news media landscape.
How is broadcast news regulated?
It is first worth clarifying that broadcast news regulation is separate from the broader issue of press regulation. Whilst the former is officially regulated by Ofcom under the Communication Act 2003 and the Broadcasting Act 1996, the latter relies upon self regulation via voluntary membership of the Independent Press Standards Organisation (IPSO – which replaced the Press Complaints Commission) or Impress, both of which were formed following the Leveson Inquiry. IPSO and Impress have journalistic codes which its members agree to follow, but whilst the majority of news organisations belong to the former, only the latter has received recognition under the royal charter on press regulation.
When we talk about “broadcast news” we should differentiate between news outlets which broadcast over terrestrial, satellite and cable channels, which are licensed by Ofcom, and online-only news providers, podcasters, or so-called “citizen journalists“ who operate entirely on social media. Ofcom only regulates the channels which it licenses, and therefore the vast majority of news streamed online – using video on demand (VoD) services such as YouTube – is essentially unregulated in the UK. Although most of the Ofcom licensed broadcasters also have online VoD services, the determining factor for regulation is whether or not they are licensed by Ofcom; licensed broadcasters need to ensure both their online and offline channels follow the Ofcom broadcasting code. However, to complicate matters further, only audio-visual content is regulated, not written material, so Ofcom does not have any remit over journalistic written content published on its licensees websites (although the situation is somewhat different for the BBC).
Are existing regulations sufficient in the modern news ecosystem?
In light of the fact that over half of UK adults use social media as a source of news – and considering that the vast majority of news channels operating on social media platforms are not licensed by Ofcom and therefore sit outside the scope of its broadcasting code – it is clear that existing regulations are woefully inadequate for the online age. Although the government has taken some steps towards policing the “Wild West” landscape of online content through the introduction of the Online Safety Act, this does not tackle news specific issues such as misleading or biased reporting. Since many of the online-only news providers are very small outfits with few resources, recourse to libel law is rarely worth it, even for those with deep pockets. The only significant arbiters in the online news world are therefore the platforms themselves, most of which have policies which their “creators” are required to follow.
The Media Act was introduced in 2024 in an attempt to modernise the regulatory regime. One of the key provisions, which is yet to come into effect, is the implementation of a new broadcasting code for VoD services, which will include rules around impartiality and accuracy of news reporting. Initially only the large platforms (“Tier 1 Services”) which have at least 500,000 users will come under the ambit of this new code. The first step of this new regulatory plan was the commencement of the On-demand Programme Services (Tier 1 Services) Regulations 2026, which came into force on 1 April 2026. Next steps will involve a public consultation and the drawing up of a code, which will come into effect a year after publication – so mid-2027 at the earliest.
Party political broadcasting
Under section 333 of the Communications Act 2003 (and before that, the Broadcasting Act 1990) a strict set of rules apply to Ofcom licensed broadcasters in relation to party political broadcasts (PPB), intended to provide a level playing field across the political spectrum. The BBC additionally is required to carry PPBs under its Charter – and it has its own guidelines. PPB rules aside, Ofcom-licensed channels are also required to maintain standards of “due impartiality” (in relation to political views) and “due accuracy” (in terms of getting the facts right) under section 5 of the Ofcom Code across their news programming.
But the proliferation of new media sources which provide political platforms, most of which are not Ofcom licensed, has turned the PPB rules into something of an anachronism, especially considering audience share. There are several political podcasts with vast audiences, in the UK notably This Is Politics, hosted by former Tory minister Rory Stewart and former New Labour spin doctor Alistair Campbell, which was pulling in around 700,000 listeners per episode as of 2024, compared to 500,000 viewers for the flagship BBC political show Newsnight. Although the podcast has a wider audience than its BBC counterpart, there are none of the restrictions on its political posturing (other than platform policies), or indeed on its presentation of facts, which apply to the BBC show. Furthermore, it is unclear whether it would be covered by the On-demand Programme Services (Tier 1 Services) Regulations because, although it has a YouTube presence, it is primarily an audio-only podcast.
It seems that even Ofcom licensed channels are able to ignore section 5 of the Code with impunity, due to either the lack of will or teeth of the regulator. For example, the aforementioned investigation by Rusbridger claims that “GB News has essentially become Reform TV” with the regular evening spot being presented by Nigel Farage. The unwillingness of Ofcom to look into the political impartiality aspect of this situation may simply be down to a dearth of viewer complaints, but Andrew Neil (the first chairman of the channel who famously resigned just three months after its launch) questions the competence of Ofcom, saying, “I don’t think they’re across the issues. I think they’re too big and bureaucratic, and I don’t think they understand the world that they’re in now.” Lisa Nandy appeared to allude to this issue in a speech given to the Society of Editors Conference 2026 where she said “we believe it cannot be acceptable for politicians to present news, without it being made clear to viewers that they are not neutral and, as elected politicians, are required to have a point of view”, noting that she is “exploring action in this space”. She also said that she is “really concerned” that only 1 per cent of complaints made to Ipso have been upheld.
The challenge to public service broadcasting
Another of the growing concerns surrounding the modern media landscape is the rapid demise of public service media (PSM), which is intended to serve the public benefit rather than purely commercial interests. Ofcom has traditionally required its licensees, which have been designated as public service broadcasters (PSBs), to devote a proportion of their output to fulfil a prescribed PSM remit, and it has expressed warnings about the endangerment of PSM. It seems that the greater flexibility offered to PSBs under the Media Act 2024, allowing them to achieve their PSM targets through their streaming services in addition to traditional terrestrial channels, failed to achieve an uptick in PSM overall. In order to try and shore up PSM, Ofcom has made a series of recommendations, including increased funding of PSM content, better discoverability on YouTube, enhanced media literacy and “streamlined regulation”.
Key takeaways
- Steps are being taken to bring VoD services under Ofcom regulation, but under current plans this will not take full effect until at least mid-2027.
- Many modern news sources are not bound by the same regulations as traditional broadcasters, despite often having larger audiences.
- Concerns have been raised that even Ofcom licensed broadcasters are failing to abide by political impartiality codes with impunity.
- Ofcom is calling for regulatory action to tackle the decline of PSM.
Further reading
Regulation of news broadcasting companies – House of Lords Library
Broadcasting: Recent developments in the UK – House of Lords Library
How is the press regulated? – House of Commons Library
Ofcom updates about its progress implementing the Media Act – Society for Computers & Law
Alex Heshmaty is technology editor for the Newsletter. He runs Legal Words, a legal copywriting agency based in the Silicon Gorge. Email alex@legalwords.co.uk.
Photo by Will Francis on Unsplash.
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