The proposed list of television selection services to be designated for the purpose of providing prominent access to the online players of public service broadcasters in the United Kingdom has been published. Bizarrely, it does not include Freely, the platform developed by the public service broadcasters specifically to provide prominence to their own services.
Under legislation introduced in 2024, a new regulatory regime will require connected television platforms designated by the Secretary of State to ensure that BBC iPlayer, and any other designated public service broadcaster players and their programming are available, prominent, and easily accessible.
The communications regulator, Ofcom, has published its proposed list of regulated television selection services, in the form of a consultation on a draft report.
The metric used by Ofcom to determine inclusion in the list of regulated television selection services with a significant number of users is that it must have at least 700,000 active users in the last year.
Taking that into account, Ofcom has determined 14 television selection services that should be designated: Amazon Fire TV OS 6, 7 and 8; Android TV 10, 11, 12 and 14; Apple TV OS 18 and 26; Google TV 10, 11, 12 and 14; LG WebOS 25; Roku OS 14; Samsung Smart Hub (Tizen) 8 and 9; Sky Entertainment OS; 6 Sky Q; VIDAA OS U6, 7, 8 and 9; Virgin Media Horizon7; Virgin Media TiVo on V6; YouView on EE TV on Sagemcom; and YouView on Sony televisions.
Notably absent from this is list is Freely from Everyone TV, which is jointly owned by the BBC, ITV, Channel 4, and Channel 5.
Under the Media Act 2024, for regulation to apply, a television selection service must be provided via the internet, be provided in connection with internet television equipment, consist of the presentation of internet programme services, and enable a user to select between and access internet programme services or programmes provided by those internet programme services.
It is difficult to see how Freely does not meet this definition. Freely provides an electronic programme guide that is delivered over the internet and is installed on televisions from a range of manufacturers, it enables the presentation of internet programme services and enables a user to select between them.
Ofcom says: “We are aware that there are several new services which function in ways that are not entirely equivalent to an operating system, but may have significant control over an ITE. For example, Freely is an HBB (‘hybrid broadcast broadband’) TV operator app that provides a complete TV environment that can sit alongside a smart TV’s user interface (‘UI’) or replace it entirely.”
The regulator adds: “Freely is a service, or a dissociable section of a service provided by means of the internet. It is provided in connection with ITE since it is integrated as an operator app on a number of different smart TVs. It consists of the presentation of IPS included in the service as users are able to access PSB IPS through Freely. Finally, it enables users to select between and access IPS or programmes provided by those IPS, or both.”
Ofcom says: “We have reviewed each relevant case and considered whether it meets the definition of a TSS. We consider there are currently two such services that are TSS: Freely and YouView in its new form available on smart TVs such as Sony TV and Apple TV.” It continues: “We also recognise that it is possible to have more than one TSS operating on a single ITE. For example, some smart TVs offer users the manufacturer’s operating system and related UI, and also a service such as Freely. For the purposes of this report, we have considered such services to be separate TSS.”
Given this, it remains unclear why Ofcom does not consider that it should recommend Freely for designation as a television selection service.
As it stands, a television platform specifically designed to provide access to apps from its shareholder public service broadcasters will not be covered by legislation that was proposed to ensure that these very apps should be easily accessible on connected televisions.
Perhaps Freely does not meet the threshold for designation of 700,000 active users, but one would have thought that its partners would have aspirations to achieve at least that, if it is not to be an irrelevance in the market.
The Designation of Television Selection Services by Ofcom is open for consultation until 16 September. Interested parties have until then to respond, before the report goes to the Secretary of State for designation.