Ofcom should regulate Netflix, says Rishi Sunak after Harry-Meghan row

Rishi Sunak has proposed a change in law that would bring online streaming services like Netflix under Ofcom regulations.

The Media Bill announced by the Boris Johnson government in May 2022 first suggested giving Ofcom regulation over streaming companies based overseas. Sunak has affirmed that there will be no change in this agenda. Currently, viewers cannot complain about the content shown on Netflix.

Ofcom regulation would mean that streaming services could be investigated for complaints such as the use of misleading footage. It is unlikely that the Media Bill will be brought to Parliament till the Autumn session, that is only after the 2024 elections. However, the Bill is back in the discussion following backlash to the Netflix docu-series featuring Prince Harry and Meghan Markle.

Ofcom has acknowledged that it has received a number of complaints about the docu-series but cannot take action as Netflix’s Europe base is in the Netherlands. The series has come under fire for making defamatory claims against the British Royal family and using stock footage to exaggerate some of its claims.

While Ofcom already has some regulatory powers over other streaming services in the UK such as Amazon Prime Video and Disney+. Netflix is not covered. Ofcom currently only regulates services based in the UK. Netflix so far remains regulated in Europe by the Dutch media regulator, the Commissariaat voor de Media. Under Ofcom regulations, streaming services would be liable for penalties up to £250 k for misconduct and misrepresentation of facts.

Netflix has remained supportive of the proposed Media Bill saying that it is in favour “of the measures to update the legal framework and bring our service in the UK under Ofcom’s jurisdiction.” MP Bob Seely was quoted saying: “I do think on principle that Netflix and other video streaming services should have the same ethical standards as other broadcasters like the BBC.”