Following consultation, Ofcom is publishing new guidance for On-demand programme service (“ODPS”) providers on their responsibilities with regard to protecting viewers from harmful material under Section 368E of the Communications Act 2003.
The proposed guidance reflects changes to the regulatory framework which came into force on 1 November 2020 and will replace Ofcom’s existing guidance on harmful material (PDF, 285.3 KB). These changes include a new requirement on ODPS providers to take appropriate and proportionate measures to ensure that any material that might impair the physical, mental or moral development of persons under the age of 18 is not normally seen or heard by them.
Our proposed guidance is intended to help providers assess whether material they intend to provide on their service meets the statutory definitions of harmful material, and if so, how to take appropriate and proportionate measures to protect users.