Ofcom's proposals were part of a consultation on updating the Guidance for Public Service Broadcasters (PSBs) on Commissioning Codes of Practice to account for the changes made to the Media Act, announced earlier this year.
The proposals included significant updates to the guidance regarding the negotiation of rights with independent producers, which would have impacted how each PSBs' Terms of Trade would be negotiated in the future. It would have allowed the PSBs to seek bundling of primary and secondary rights with the independent producer’s consent, and removed the prohibition on PSBs including matching rights provisions. A report by O&O calculated that this would have resulted in £356m in lost revenue for independent producers by 2026 and undermined the original intention behind the Terms of Trade.
We mounted a campaign against the proposals, which included a robust response to Ofcom's consultation and an email letter initiative for members to write to both Ofcom and MPs, which many of you got involved with.
The market is already difficult for your businesses and Ofcom’s proposals would have had a detrimental effect on your ability to raise finance, and the diversity of supply of independent producers. We are glad that Ofcom has listened and made the right decision.
We would like to thank all of the members who got involved in our successful campaign - your contributions really made a difference.