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UK regulators announce plans for the coming year

The Competition and Markets Authority (CMA) and Ofcom have set out their plans for 2023/24.

Ofcom’s key aims include an “internet that we can rely on”, exploring how communications regulation must adapt to digital markets, as well as whether the cloud market – currently dominated by big tech firms – is working well.

The communications regulator will also aim to support a “media we can trust and value”, supporting the Department for Digital, Culture, Media and Sport with the forthcoming Media Bill. The government has committed to repealing Section 40 in the Media Bill, which if ever activated would leave publishers a choice of signing up to a state-backed regulator, or paying both sides’ costs in legal cases, even if the publisher won the case.

The work to better regulate the BBC will also continue, including improvements to the BBC competition framework and updates to the Operating License which sets out how the Corporation should fulfil its Mission and Public Purposes.

Also relevant to publishers is Ofcom’s ongoing work on media plurality, which is exploring solutions to ensure that online intermediaries’ impact on the range of news and information is properly regulated. Suggested solutions include a statutory requirement for platforms to surface a range of trusted sources, as well as user empowerment tools.

Ofcom continues to regulate the postal market in the UK, and is responsible for holding Royal Mail to account if the company misses its quality of service targets. Reacting to the recent calls by Royal Mail to remove the statutory requirement for the company to deliver letters on Saturdays, Ofcom states that this is a matter for the government but it will provide advice to ministers as and when required.

The CMA’s responsibilities include investigating breaches of competition law and enforcing consumer protection legislation. The regulator states that its current ambitions are: (a) an environment where consumers are confident of good deals and broad choice of products; (b) that competitive, fair dealing businesses can innovate and thrive; and (c) that the whole UK economy can grow productively and sustainably.

Of particular relevance to publishers is the CMA’s responsibility as the home of the new Digital Markets Unit (DMU), that will be empowered through the forthcoming Digital Markets, Competition and Consumer Bill. Whilst the legislation will set the broad principles that dominant digital firms should adhere to, the DMU itself will have broad agency to prioritise which digital firms are prioritised for designation under the new laws, and will play a key role in creating firm-specific codes for each individual company.

The PPA looks forward to continuing its strong and productive relationships with Ofcom and the CMA, ensuring that specialist publishers’ interests are properly accounted for and understood as the regulators carry out their duties.

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