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Dan Bloom & Catherine Addison-Swan

Rishi Sunak plans law change to have Netflix regulated by Ofcom amid Harry and Meghan row

Rishi Sunak is planning a crackdown on Netflix which would see the streaming giant policed by Ofcom.

The regulator does not currently cover Netflix, which is the most popular streaming service in the UK with 17 million households holding a subscription. But that could change if plans announced by the Government earlier this year, when Boris Johnson was Prime Minister, are written into law.

It's understood that Sunak has kept the plans to regulate the streaming service on the Government's agenda in its Media Bill despite the change in premiership, The Mirror reports. However, there is no guarantee that the proposal will be made a reality before the next general election, which is expected in 2024.

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Ofcom has powers awarded by Parliament to enforce rules set out in its Broadcasting Code, which applies to TV channels and radio stations and covers the likes of hate speech, offensive language and product placement. This enables viewers to complain to the regulator if they aren't happy with something they've watched or listened to, and leaves shows liable for hefty fines if they are found to have breached the Code.

While Ofcom already has some regulatory powers separate to the Broadcasting Code over other streaming services in the UK including Amazon Prime Video, Disney+, and Paramount+, Netflix is not covered. It is instead regulated in Europe by the Dutch media regulator, the Commissariaat voor de Media, meaning that any complaints from UK viewers must be directed towards the Dutch authorities.

Netflix said that it was "supportive of the measures to update the legal framework and bring our service in the UK under Ofcom's jurisdiction". The news that the Government hopes to change this is particularly timely in the wake of Prince Harry and Meghan's explosive documentary being released on Netflix, which has sparked a huge reaction from viewers.

A statement issued on the Ofcom website earlier this month said: "We know the fact there are different rules and different standards depending on how you’re watching a programme may be confusing for viewers. This is something that the Government is looking at.

"It published a White Paper earlier this year which said the Government will give Ofcom powers to draft and enforce a new VOD Code, similar to the Broadcasting Code, to ensure TV-like content, no matter how audiences choose to watch it, will be subject to similar standards."

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