The EU has now published its negotiating position for future trade talks with the UK. In a direct reflection of the position envisaged in the Chequers White Paper, these type of cultural services are specifically excluded (Paragraph 33). So, now we know that the UK government isn’t seeking mutual recognition of broadcast services, and nor is the EU. That means any proposal that suggests and Ofcom licence will continue to be of use to pan-European broadcasters after the end of 2021 is based on an expectation of a delay in the end of the transitional period, and not any analysis of the future.
An Ofcom-licensed channel on Sky that appears on the EPG in Ireland, will need a new licence, as the UK and the EU will operate under different regimes once the transitional period is over.
So which regime will work for which broadcaster? Our team has already helped more than 20 channels find a home for their European licences, and we have assessed the pros and cons of every EU and EEA jurisdiction.