Policy background Miscellaneous On-demand programme services
Ofcom is the regulator of UK video-on- demand ("VoD") services. VoD services include TV catch-up, online film services and those providing a library of archive content. Ofcom are required to encourage the providers of VoD services to ensure that their services are progressively made more accessible to people with disabilities affecting their sight or hearing or both. They do not, however, have the power to require compliance with particular accessibility requirements. This contrasts with Ofcom’s position in relation to linear television broadcasting, where Ofcom can require compliance with a Code of Practice setting out accessibility service requirements, including the meeting of specified targets, as conditions of broadcasting licences. The Act allows the Secretary of State to require providers of VoD services to provide designated levels of subtitling, signing and audio-description. In the government’s view this will improve accessibility to such services for people with disabilities affecting hearing and/or sight.
	Ofcom also regulates editorial content on VoD services. Under Part 4A of the 2003 Act, VoD services must not contain any "specially restricted material" unless the material is made available in a manner which secures that persons under the age of 18 will not normally see or hear it. "Specially restricted material" specifically includes material that has been given an R18 certificate and material that it is reasonable to expect (if it were submitted) would be certified as R18. The age verification requirement in Part 3 of the 2003 Act also applies to R18 certificate material and equivalent material, but additionally it applies to 18 certificate material (and equivalent) produced solely or principally for the purposes of sexual arousal. To ensure better consistency between the two regulatory regimes, the Act amends Part 4A of the 2003 Act to ensure that age verification is also required by VoD services offering certificate 18 (and equivalent) pornography.