Recommendation 12

The agreement objectives are fundamental to the must offer-must carry regime. Any ambiguity in their drafting is likely to lead to either or both broadcasters and platforms resorting far more frequently than anticipated to the dispute mechanism process. While Ofcom will be required to consult and publish guidance on how the agreement objectives will operate, it is essential that the legislation itself specifies clearly the principles that the guidance must deliver. However, the fact that successful deals already exist - such as that between ITV and Sky - suggests that agreeing mutually acceptable principles is possible. We recommend that the Government should examine the principles on which existing successful carriage deals have been negotiated and use this to improve the drafting of this provision in the legislation.