The Communications Act 2003 (Commencement No. 6) and Media Act 2024 (Commencement No. 4 and Saving Provision) Regulations 2026
These Regulations bring into force specific provisions of the Communications Act 2003 and the Media Act 2024 on January 1, 2027, primarily concerning the regulation of 'listed events' such as major sporting fixtures.
The instrument directs the categorisation of these events into Group A and Group B and updates the restrictions regarding live coverage and contract reporting.
It applies to the Secretary of State, media regulators such as OFCOM, and broadcasting organizations involved in the acquisition of rights for events of national interest.
Arguments For
The instrument states that it updates the legislative framework for the 'listed events' regime originally established under Part 4 of the Broadcasting Act 1996.
Proponents indicate that the regulations provide for the division of 'listed events' into two distinct categories, Group A and Group B, as directed by section 299 of the Communications Act 2003.
The document specifies that saving provisions are included to maintain legal continuity for existing contracts entered into before January 1, 2027, ensuring that rights acquired under previous codes remain enforceable as if the new code had not come into force.
Arguments Against
Legal commentators might note that the 2027 commencement date creates a transition period where two different regulatory regimes (the old and new section 104 codes) operate simultaneously depending on the date a contract was signed.
Broadcasters or rights holders may face administrative complexity in determining whether specific coverage or contract negotiations fall under the 1996 Act's original provisions or the 2024 Act's updated framework.
The document notes that no independent impact assessment was published for these regulations, which may limit stakeholders' ability to evaluate the immediate financial implications for the media sector.
Citation and interpretation
- -(1) These Regulations may be cited as the Communications Act 2003 (Commencement No. 6) and Media Act 2024 (Commencement No. 4 and Saving Provision) Regulations 2026.
- (2) In these Regulations-
'the 1996 Act' means the Broadcasting Act 1996;
'the 2024 Act' means the Media Act 2024.
This section establishes the official title of the regulations.
It also provides definitions for the '1996 Act' and the '2024 Act' to ensure consistent reference throughout the document.
Provisions of the Communications Act 2003 coming into force on 1 January 2027
- Section 299 of the Communications Act 2003 (categorisation of listed events) comes into force on 1 January 2027, so far as not already in force.
This provision activates section 299 of the Communications Act 2003 on January 1, 2027.
This section amends the Broadcasting Act 1996 to enable the categorization of listed events into Group A and Group B for regulatory purposes.
Provisions of the 2024 Act coming into force on 1 January 2027
- The following provisions of the 2024 Act come into force on 1 January 2027-
(a) section 20 (categories of relevant service), so far as not already in force;
(b) section 21 (contracts relating to coverage of listed events), so far as not already in force;
(c) section 22 (restriction on showing live coverage of listed events), so far as not already in force;
(d) section 25 (sections 20 to 24: further provision), so far as not already in force;
(e) Schedule 2 (Part 1: further amendments), so far as not already in force.
This section brings into force several parts of the Media Act 2024 on January 1, 2027.
These provisions update the rules regarding relevant services, the reporting of broadcasting contracts, and restrictions on airing live coverage of nationally significant events.
Saving provision
- -(1) Sections 98, 99, 100, 101, 102, 103 and 105 of the 1996 Act (sporting and other events of national interest) continue to have effect in relation to a contract entered into before 1 January 2027 and the exercise of rights acquired under such a contract as if the provisions listed in regulation 3 had not been brought into force by these Regulations.
(2) The old section 104 code continues to have effect in relation to a contract entered into before 1 January 2027 and the exercise of rights acquired under such a contract as if the new code drawn up in accordance with section 25(4) of the 2024 Act had not come into force.
This section ensures that the original rules from the 1996 Act and the previous regulatory code continue to apply to contracts signed before the new regulations take effect.
It prevents the new 2024 Act provisions from retroactively altering rights or obligations for existing broadcasting agreements.
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