Guidance

Listed Events: Digital Rights Review terms of reference

Published 15 November 2022

Background

The government believes that certain sporting events of national interest should be shown on free-to-air television so that they can be enjoyed by as wide an audience as possible.

The current listed events regime works effectively for traditional linear broadcasting by prohibiting the broadcast of exclusive rights of an event on the list without prior consent from Ofcom.

In recognition of the significant contribution of our public service broadcasters, the government has already announced its intention to look at making qualification for the listed events regime a benefit specific to our public service broadcasters.

However, it is also important that we recognise that the current framework was decided in a different media landscape where competitors to free-to-air broadcasters were limited and UK-focused. The consumption habits of viewers are changing rapidly and broadcasters are now required to compete for rights with global media platforms.

The current legal framework was established in 1996 at a time when just 4% of UK households had access to the internet – it is now 95%+.^{[footnote 1]} Consequently, although digital rights have now become an important element in the sale of sports rights, they are not covered by the listed events regime. This raises questions about whether the objectives of the existing regime are still being met and whether they will continue to be met in the future. If for example the Olympic 100 metre final were broadcast live in the middle of the night on the BBC, but all streaming and catch-up rights were sold to a different broadcaster and kept behind a paywall, then a culturally relevant event might not be available to a wide audience on a free-to-air basis. It is also important to recognise the changing audience expectations about the availability of live and secondary coverage of sporting events of national interest and therefore how the nation as a whole seeks to engage with them.

This issue has been addressed by a number of key industry and parliamentary stakeholders, including in Ofcom’s Future of Public Service Media report, which recommended that the ‘government […] consider whether to update the criteria that determine which services should carry listed events’, and in a report from the DCMS Committee on Major Cultural and Sporting Events, published in March 2022, which recommended that ‘the government […] review extending the protections currently offered under the listed events regime to digital and on-demand content’.

Policy objectives

The government’s overarching objective for the Listed Events Regime is to ensure that key sporting events of national interest are widely available and free-to-air for all audiences, particularly those who cannot afford to watch sport behind a paywall, insofar as is practicable and reasonable. Sports rights holders use commercial broadcast income to the benefit of the wider sporting sector, so it is important that the regime continues to strike the right balance between accessibility, particularly when timezones affect the screening of events domestically, and the ability of sporting organisations to generate revenues to invest in their sports at all levels.

Therefore, the government’s ambition for this review is to consider whether digital rights should be in scope of the listed events regime by evaluating how changes in the viewing habits and technology are supporting or presenting a challenge to our overarching objective.

The government has no current plans to undertake a full review of the events on the list itself. The list of listed events can be found here.

Terms of reference

The purpose of the Listed Events Regime: Digital Rights Review is to seek stakeholder input, expertise and advice to inform the government’s thinking on whether the scope of the listed events regime should cover digital rights.

With reference to the policy objectives and background (above), the Review will seek to understand, and if necessary suggest changes to the listed events regime that take into account and address:

• the relative importance of digital rights for listed events as opposed to linear rights, both now and as predicted into the future, including examining audience behaviours, business models, and how changes in technology and/or live vs catch up viewing impacts audience engagement with events of national interest

• how digital rights are currently negotiated, and predicted future developments from public services broadcasters, other broadcasters and rights holders (both international and domestic)

• the broader landscape surrounding securing digital rights, including contractual; legislative; commercial; financial; and practical benefits or constraints that would prevent or hinder as many people as possible from accessing listed events for free

• the UK’s international obligations, including under the European Convention on Transfrontier Television

The Review shall do this by:

• seeking views from stakeholders, either in writing or through discussions

• conducting desk based research on the considerations surrounding the listed events regime and digital rights

• considering the findings of Ofcom’s research into the sports rights market, and other relevant research

We will consider rights relating to TV-like services and broader online distribution, including video sharing platforms and social media, with our overarching objective of ensuring key sporting events of national interest are widely available and free-to-air for all audiences whilst allowing rights holders to negotiate agreements in the best interest of their sport determining our overall decisions on any changes to the regime.

This is an internal review led by DCMS officials, and the information provided by stakeholders will be reviewed by DCMS alongside desk based research to inform the formulation and development of government policy in relation to listed events. To support the ability of stakeholders to provide full information, all submissions to the review will be treated as commercially sensitive and provided in confidence, unless the contributor has indicated otherwise.

The Review will not consider changes to the list of events – we consider that the current list of events strikes an appropriate balance between retaining free-to-air sports events for the public while allowing rights holders to negotiate agreements in the best interests of their sport.

How to get in touch

If you’d like to contribute to the review, please get in touch by emailing listedevents-digitalrightsreview@dcms.gov.uk.

We will be able to provide a list of questions to support your answer. Please ensure your final response is received by 15/12/2022 so your thoughts can inform our review.

1. ONS 2020 ↩