Creative Industries

Get your broadcasting licences and meet Ofcom duties

If you provide a television, radio or on-demand programme service, or operate transmission equipment, you need the right Ofcom licence or notification and must comply with the Broadcasting Code. This guide takes you through each licence type, the content-standards framework, and the PECR privacy rules that apply to your audience engagement and marketing.

UK-wide
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UK-wide

Broadcasting in the UK is regulated by Ofcom, the single UK-wide communications regulator established under the Communications Act 2003. Every television and radio service provided to the public needs an Ofcom licence, on-demand programme services must be notified to Ofcom, and transmission equipment needs a Wireless Telegraphy Act spectrum licence. All licensed broadcasters must comply with the Ofcom Broadcasting Code. Work through the sections below to identify and meet each duty.

A. Television broadcasting licence

Providing a television service to the public requires a licence from Ofcom. The main licence type is a television licensable content service (TLCS) licence for satellite, cable and online distribution; Channel 3, 4 and 5 and digital television programme and multiplex licences also exist under the Broadcasting Act 1990 and 1996. The licence carries content- standards, access-services and ownership conditions. Broadcasting without a required licence is a criminal offence.

B. Radio broadcasting licence

Providing a radio service to the public requires a sound broadcasting licence from Ofcom — analogue (AM/FM) under the Broadcasting Act 1990, and digital sound programme and radio multiplex services under the Broadcasting Act 1996. Commercial radio licences are awarded via competitive rounds when Ofcom advertises availability. Application and annual fees apply, with the annual fee typically calculated as a percentage of qualifying revenue. All licensed radio services must comply with the Ofcom Broadcasting Code.

C. Community radio licence

Not-for-profit radio serving a local community or community of interest is licensed by Ofcom under a special framework made under section 262 of the Communications Act 2003. The Community Radio Order 2025 consolidated and replaced the Community Radio Order 2004. Licences carry social-gain, key- commitment and restricted-funding conditions, including an advertising income cap. Community radio stations must be not-for-profit and provide community participation and access.

D. Spectrum and transmission licence

Establishing or using radio transmitting apparatus to broadcast — AM, FM, DAB — requires a Wireless Telegraphy Act 2006 licence from Ofcom, in addition to the broadcasting licence. The transmission licence is often held by a separate transmission provider rather than the broadcaster. Transmitting without a required licence is a criminal offence.

E. On-demand programme service notification

If you provide an on-demand programme service — catch-up or video on demand with TV-like editorial control — you must notify Ofcom before the service begins, and notify any change or closure. This is a notification, not a licence. The regime sits in Part 4A of the Communications Act 2003, as amended by the Media Act 2024, and on-demand content standards are enforced by Ofcom. It is distinct from the Online Safety Act 2023, which regulates user-to-user and search services rather than editorially controlled programming.

F. Broadcasting Code compliance

All licensed broadcasters must comply with the Ofcom Broadcasting Code, a statutory code made by Ofcom under section 319 of the Communications Act 2003. The code covers harm and offence, protection of under-18s (including the 9 pm watershed), accuracy and due impartiality in news, fairness and privacy, and sponsorship, product placement and commercial references. Breaches can lead to a direction to broadcast a correction, financial penalties of up to £500,000 or 5% of qualifying revenue (whichever is greater), shortening of the licence period, or revocation.

G. PECR privacy rules

The Privacy and Electronic Communications Regulations 2003 (PECR) apply to broadcasters' marketing and audience-engagement activity. If you send marketing emails, texts or automated calls to audiences, you need consent (with a soft opt-in exception for existing customers); cookies and similar technologies on your website or app need consent unless strictly necessary; and premium-rate phone-in and voting services engage additional rules. PECR is enforced UK-wide by the Information Commissioner's Office (ICO) and works alongside the UK GDPR.

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    1. Identify which Ofcom licences you need

    Work out whether you are providing a television service, a radio service (analogue, digital or community), an on-demand programme service, or operating transmission equipment. Apply for the right licence or submit an ODPS notification before the service begins.

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    2. Build your Broadcasting Code compliance framework

    Put procedures in place to comply with all ten sections of the Ofcom Broadcasting Code — harm and offence, protection of under-18s, accuracy and due impartiality, fairness, privacy, and the sponsorship and commercial-communications rules. Assign compliance responsibility and train your editorial team.

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    3. Meet your PECR duties on audience marketing and cookies

    Audit your website and app for cookies and tracking technologies, implement a compliant consent mechanism, and make sure your marketing emails, texts and calls comply with the PECR consent and opt-out rules.

What to do next

With your Ofcom licences in place and your Broadcasting Code and PECR duties met, confirm the whole picture with the broadcasting compliance checklist. If you are not sure which guides apply to you, start from the router.