Sports media rights and recent changes to the UK “Listed Events” regime

In December 2024 it was announced that free-to-air operators BBC and ITV had retained FIFA World Cup rights in the UK until 2030. This followed a busy summer of sport with the Olympics and Paralympics bringing huge audiences to TV screens and FIFA recently announcing that they are opening a tender process for the Women’s World Cup 2027 media rights, which shall be the first time the rights are being sold separately from the men’s tournaments. Unlike rugby’s Autumn Nation Series, which was covered by pay TV operator TNT Sports in the UK, the Olympics and FIFA World Cups typically benefit from extensive free-to-air coverage due, at least in part, to the UK’s “listed events” regime. This article looks at recent, and potentially upcoming, changes to the regime.

What is the ‘Listed Events’ regime?

The Listed Events regime was introduced under the Broadcasting Act 1996 (“BA 1996”). The list comprises sporting events that are of national interest and are protected by legislation, by applying certain conditions to ensure that free-to-air TV services which reach at least 95% of the population (dubbed “qualifying services”) are offered coverage of the listed sporting events. There are two categories of events, with Group A events requiring full live coverage to be offered to qualifying services and Group B events requiring secondary coverage (e.g. highlights) to be offered.

The BA 1996 gives the Secretary of State for Digital Culture, Media and Sport the authority to update the list of Listed Events. The last update to the Listed Events was back in April 2022, to include the FIFA Women’s World Cup and the UEFA Women’s European Championship. This came as no surprise following the Lionesses exceptional performance and the resulting rise in interest in women’s football.

However, given the increase in online streaming services, there was a concern that the focus on live linear TV rights was outdated and not an accurate reflection of how the UK population watches their desired sporting events. Ofcom’s most recent publication of viewing statistics showed a 12% decline in time spent watching broadcast TV each day and an increase in viewings using online streaming services, such as Netflix, Amazon Prime Video or video-on-demand services provided by traditional broadcasters, such as BBC iPlayer and ITVX.

As technology and access to digital content has developed, there was a view that the “qualifying services” provisions (which include not just the main channels operated by the likes of the BBC, ITV etc, but also other linear channels such as BBC Parliament) were outdated in an era of near universal availability of multiple streaming services over the internet. Accordingly, the previous government sought to update the listed events regime. 

Recent changes

In the UK, the previous Conservative Government passed the Media Act 2024 on 24 May 2024. The Media Act (the “MA”) is the biggest media related legislation that has been passed in the UK in the last 20 years.

The MA makes some key amendments to the conditions of the BA 1996 by:

• amending the definition of “qualifying services”, so that it is only public service broadcasters (e.g. BBC ITV, Channel 4 and Channel 5) (“PSBs”) and their online services, that can benefit from the Listed Events regime. For example, BBC 1 and iPlayer, or ITV1 and ITVX. So, even if there is a free streaming service which is available to over 95% of the population (e.g. YouTube), unless they are operated by a PSB, it cannot be a qualifying service and benefit from the Listed Events regime;
• amending the definition of “non-qualifying” services, which will now include streaming services such as Netflix and Amazon Prime, clarifying that Ofcom’s approval will be needed for exclusive live coverage on such services;
• (as with the existing regime) providing that approval of Ofcom will be required if exclusive live rights are granted to either a qualifying or non-qualifying service, but a new update that provides for automatic approval of deals for Listed Events which include identical rights being granted to both qualifying and non-qualifying services; and
• permitting live coverage of multi-sport events (e.g. the Olympic Games) on a non-qualifying service, provided that “adequate live coverage” is available on a PSB’s qualifying services. 

Not all these changes will take effect immediately, with some likely to come into force from 2026. Some of the changes require further secondary legislation by Ofcom, in order for them to be implemented. Ofcom launched a consultation seeking views from industry stakeholders, which closed on 26 September 2024.  

As part of the consultation, Ofcom sought input on how viewing preferences and developments in technology and media have changed the way in which the UK public views Listed Events. Ofcom also have a particular interest how Listed Events are “packaged and sold”. The end goal is for Ofcom to provider clarity around the definition of “live coverage”, “adequate live coverage” and “adequate alternative coverage”, which will be used to assess the authorisations (as noted above) of coverage on non-qualifying services. Ofcom are also required to develop a guidance code about the regime, including clarification on when providers need consent and the criteria for such consents being granted.

Ofcom has now published the responses received (including from the BBC, ITV, the FA, Sky and Discovery), but has not yet published in own findings and/or proposed regulations. It will be interesting to see what measures Ofcom put in place following the consultation, and how this will affect the current regime and the implementation of the MA.

The UK is not the only country to impose a legislative framework protecting free-to-air coverage of sporting events. In Australia, the Australian Parliament passed the Communications Legislation Amendment (Prominence and Anti-siphoning) Act 2024, which has a prominent impact on the expansion of the scope of the “anti-siphoning” scheme in Australia. The anti-siphoning scheme is similar to the Listed Events regime in the UK, whereby subscription service providers cannot broadcast certain sporting events until a free-to-air or national broadcaster has been granted the rights to broadcast that event. 

Previously the anti-siphoning scheme in Australia did not apply to online streaming services, such as Netflix and Amazon Prime Video, sports streaming services, video-on-demand services provided by broadcasters, or other digital platforms like YouTube. However, under this new legislation, the restriction on the broadcasting of certain sporting events prior to a free-to-air or national broadcaster now applies to such online and digital platform operators.

What do the changes to the Listed Events regime mean for rightsholders and service providers?

Rightsholders of events that are Listed Events will be keeping a close eye on the outcome of the consultation as it may directly impact future rights deals, particularly for multi-sport events. However, the changes implemented by the MA are an evolution of the regime rather than a huge overhaul and clarity on when approvals will be required / granted will be welcome for both rightsholders and broadcasters. 

Ofcom has stated that the changes to the listed events regime introduced by the MA will not take effect until 2026. As we await the outcome of Ofcom’s consultation, sports fans will be looking forward to extensive free-to-air coverage of UEFA Women’s EUROs from Switzerland in the Summer of 2025.