The UK Secretary of State has announced that on-demand programme services with over 500,000 UK users, termed “Tier 1 on-demand programme services,” will be brought under new regulations that “protect audiences from harmful and offensive content” and cover “privacy, fairness, and due impartiality and accuracy in news.” Affected services include U.S. anime streaming platform Crunchyroll, Netflix, Disney+, and Amazon Prime Video, but not HIDIVE, which has under 500,000 UK users.
Crunchyroll & Other Streaming Services to Come Under UK Regulations
To summarize the future changes expected for Tier 1 platforms like Crunchyroll, it largely depends on how restrictions on content that “might impair the physical, mental or moral development of persons under the age of 18” will be implemented. Platforms will also need to ensure that at least 80% of their total catalogue is subtitled, 10% is audio-described, and 5% is signed. Furthermore, platforms will be encouraged to continuously and progressively make services more accessible to people with disabilities.
Anime Corner has contacted Crunchyroll regarding its stance and expectations, whether any content changes or age verification measures are expected, and when to expect a statement from the streaming coalition it (and HIDIVE) makes up: Beyond Mainstream: A Global Streaming Alliance. You can check out our coverage of Beyond Mainstream’s launch and interview with HIDIVE President John Ledford, touching on why Beyond Mainstream was formed, at the provided links. We will post an update should Crunchyroll answer the above questions.
While Crunchyroll’s user breakdown by country is not publicly disclosed, Sony said Crunchyroll surpassed 130 million registered users globally in 2024. (This was around the time that it had surpassed 15 million paid users. It’s currently over 17 million.) Crunchyroll CEO Rahul Purini said in May just last year that the UK was now in its top 10 markets, watching over 5.5 billion hours of content over the past year.
- Assuming in the worst case that Crunchyroll has exactly 500,000 UK users, a total of 5.5 billion hours would come out to 11,000 hours streamed per user per year, or 458 days per user per year. 458 is more than 366 days, thus exceeding what is believed to be the currently accepted maximum for the Gregorian calendar. Of course, there are other interpretations, like multiple UK devices all streaming around the clock and such. However, to begin with, the assumption that the UK accounts for less than 500,000 out of 130 million users globally while being a top 10 market would be ridiculous, so ha!
Under the rules, Tier 1 platforms (referred to just as platforms/streamers/services from now on) will be required to remove all content that:
- is likely to incite violence or hatred against a protected group based on any of the grounds referred to in Article 21 of the Charter of Fundamental Rights of the European Union of 7 December 2000, as adopted at Strasbourg on 12 December 2007;
- contains material that would be an offence under the Terrorism Act 2006 (encouragement of terrorism);
- contains conduct that, before December 31, 2020, would have been a punishable offense under Article 5(4) of Directive 2011/93/EU of the European Parliament, as well as the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and Article 1 of Council Framework Decision (2008/913/JHA) of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law.
Furthermore, content removals would also apply to any video not suitable for a UK classification certificate or content for which it would be reasonable to expect would not receive one (known as prohibited material/content beyond R18).
Meanwhile, platforms would need to restrict under-18 access to certain materials. They must take measures to prevent under-18s from normally seeing or hearing “specially restricted material,” which includes video that has received or would be reasonably expected to receive an R18 classification by the BBFC. Note that “R18” is different from “18“; the BBFC classified High School DxD as the latter, while some hentai falls into R18. However, large chunks of hentai fall into unclassifiable territory due to its content.
The BBFC says, “for many years, we have been concerned about the accessibility of violent and abusive pornography online that we would not classify [since the BBFC does not formally oversee online content] and therefore would be illegal to distribute offline, on physical formats such as DVD and Blu-ray.” Physical R18-classified material can only be sold at licensed sex shops or screened at licensed cinemas.
It’s worth noting that anime streamer OceanVeil, whose library would include works below R18, at R18, and unclassified, no longer allows registrations from the UK. Below are some examples of themes in works that the BBFC will not classify, meaning Tier 1 streamers will not be able to show them in the UK.
‘Anime’ and Material That ‘Might Impair the Physical, Mental or Moral Development of Persons Under the Age of 18’
It should also be noted that specially restricted material, which again, under-18s must be unable to normally see or hear, includes other material that “might impair the physical, mental or moral development of persons under the age of 18.” What this may constitute is vague. However, a July 2025 article by OFCOM that links to a document last updated in 2023, says that this sort of content is “vast and likely to evolve as user behaviour and services adapt” and may include:
- Pornography
- Self-injurious content which may cause physical harms, such as material promoting eating disorders, self-harm and suicide;
- Mental health and wellbeing factors which may lead to a harm, such as psychological distress, depression, anxiety, social withdrawal, body image and addictive-type behaviours;
- Aggression, including hate speech, violent material, dangerous behaviour, cyberbullying, online harassment, and cyberstalking;
- Manipulation intended to harm, through image, AI and algorithmic manipulation; profiling and persuasive design including nudging and targeting leading to a detrimental impact on under-18s.
Platforms will be required by law to “take appropriate measures to ensure that any specially restricted material is made available by the service in a manner which secures that persons under the age of 18 will not normally see or hear it.” Whether this includes age verification measures was among the questions put to Crunchyroll.
Further and more specific details will be revealed when the Standards Code, which will outline the regulations for on-demand programme services, is released. A 12-month grace period will be given for platforms to comply. The Secretary of State has discretion over what is a Tier 1 service and whether its grace period is less than 12 months. It’s expected that this Code will be released in Winter 2026 and enforced in Winter 2027 (per Ofcom). This Code “must be such as appear to OFCOM to be best calculated to secure the following objectives“:
- that persons under the age of 18 are protected;
- that material likely to encourage or incite the commission of crime or to lead to disorder is not included in Tier 1 services;
- that news included in those services is presented with due impartiality;
- that news included in those services is reported with due accuracy;
- that the impartiality requirements described in section 368HG are met;
- that generally accepted standards are applied to the contents of those services so as to provide adequate protection for members of the public from the inclusion of offensive and harmful material;
- that the proper degree of responsibility is exercised with respect to the content of religious programmes included in those services.
OFCOM must also take into consideration:
- the likely expectation of potential audiences as to the nature of the content of programmes included in particular Tier 1 services;
- the degree of harm or offence likely to be caused by the inclusion of any particular sort of content, whether in programmes generally or in particular kinds of programmes;
- the age of the content of particular programmes or particular kinds of programmes included in Tier 1 services;
- the extent to which, and the ways in which, information about the nature of the content of particular kinds of programmes or of particular programmes can be given in a way that enables individuals to make choices about whether they (or others for whom they have responsibility) view or continue to view that content;
- the likely effect of consideration being required in order to view a particular Tier 1 service or particular programmes included in a Tier 1 service;
- the length of time for which particular programmes are included in Tier 1 services;
- the desirability of maintaining the independence of editorial control over programme content.
OFCOM must consult those representing the interests of potential audiences of Tier 1 services. When Beyond Mainstream was announced, we suspected this was in anticipation of new regulations; HIDIVE’s John Ledford said it was formed to “ensure viewers can easily access a range of content offerings and to advocate for alternatives to one-size-fits-all industry policies.“
Enforcement of the Code:
Platforms must establish and maintain procedures for the handling and resolution of complaints that they are failing, or have failed, to comply with regulations.
How OFCOM will enforce the Standards Code is set out here. To summarize, if OFCOM determines that a Tier 1 service provider is contravening or has contravened the Standards Code for harmful content, following failure to respond to requests for answers, it can issue an enforcement notification or impose a financial penalty.
The enforcement notification can include the following requirements:
- cease providing or restrict access to–
- a specified programme, or
- programmes of a specified description;
- cease showing or restrict access to–
- a specified advertisement, or
- advertisements of a specified description;
- provide additional information to users of the service prior to the selection of a specified programme by the user for viewing;
- show an advertisement only with specified modifications;
- publish a correction in the form and place and at the time specified; or
- publish a statement of the findings of the appropriate regulatory authority in the form and place and at the time specified.
This notification is enforceable in civil proceedings for an injunction or other remedy or relief, regardless of whether the service is in the UK. If the service still refuses to comply, OFCOM can issue a financial penalty of up to 5% of the revenue earned during the period of the contravention, or £250,000, whichever is greater.
Mark My Homework
You can read through everything above by going to the Communications Act 2003 contents page, skipping to Part 4A, “ON-DEMAND PROGRAMME SERVICES,” and then reading as you wish. You could also read the Media Act, but it constantly refers to things outside of it, since it’s an amendment of the Communications Act 2003. The Media Act updates the Communications Act by basically serving as a supplementary text.
I recommend opening a separate window with the Communications Act’s contents page on the left and a specific Chapter/Sections (Sections are defined below) of your choice on the right. I really do. I point out some specific sections below, but this leads to tunnel vision. If you’re still happy to proceed and jump around a lot, then below are some steps.
First, you want to know how to jump around easily through the act. The act refers to Sections a lot. For example, Section 368A. You can easily access this by searching:
https://www.legislation.gov.uk/ukpga/2003/21/section/368A
Change 368A with the sections referenced below.
It also refers to Chapters. For example, Chapter 2:
https://www.legislation.gov.uk/ukpga/2003/21/part/4A/chapter/2
Change 2 with the chapters referenced below.
Flow:
- The government determines that Tier 1 on-demand programme services refer to on-demand programme services with over 500,000 UK users (link)
- On-demand programme services are defined in The Communications Act 2003, Part 4A, Chapter 1, Section 368A
- Part 4A, Chapter 1, Section 368AA defines a non-UK on-demand programme service
- Part 4A, Chapter 1, Section 368AB is a useful overview. It’s long to constantly say Part 4A before every Chapter. Every chapter referenced here is under Part 4A.
- You can read whole Chapters (recommended) under a Part (like 4A) by searching:
- https://www.legislation.gov.uk/ukpga/2003/21/part/4A/chapter/2
Replace 2 with whatever is applicable. Please just read in order/via the contents page.
- (Useful overview) Section 368AB:
- Chapter 2 contains provisions for the regulation of on-demand programme services (as defined by section 368A)
- Chapter 3(a) sets out the rules for determining whether a non-UK on-demand programming service is a Tier 1 service
- Chapter 3(b) makes provision for certain sections of Chapter 2 to apply in relation to a non-UK on-demand programme service that is a Tier 1 service in the same way that they apply in relation to an on-demand programme service
- Go to Section 368HE. 368HE applies parts of Chapter 2 to these non-UK on-demand programming services
- In 368HE(2) [The following provisions of Chapter 2…], we see a bunch of different sections to branch out to. For this article, we’ll ignore 368F, 368FA, 368G, and 368H, and focus on everything else. (Unless you care about them.) Otherwise, you can follow Subsections 1, 2, 3, 4, 5, and 6 to your heart’s content
- So, taking 368HE(2)(a), let’s look at 368C, which assigns the regulatory duties to the appropriate authority (OFCOM). This takes us to 368CB and 368D. Ignore 368CB. Focus on 368D.
- 368D takes us to 368E (368E(1), 368E(2)). Remember that I’m ignoring 368F to 368H for this article
- Now that you have a broad idea, read Chapter 2. You aren’t escaping it.
- Enforcement is set out in 368I
Source: New requirements for UK’s biggest video-on-demand services (UK Government), Media Act 2024, Communications Act 2003
Featured image © Eiichiro Oda/Shueisha/Toei Animation
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