In the UK, broadcasting internet radio involves adhering to several key rules and regulations, primarily overseen by Ofcom (the Office of Communications) and laws related to copyright and intellectual property. Here’s a breakdown of the essential aspects for Red Berry Radio:
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Ofcom Broadcasting Code:
Even though internet radio doesn’t use traditional broadcast frequencies, if your station aims for a level of professionalism and public accessibility akin to traditional radio, Ofcom’s Broadcasting Code provides important guidelines for content standards. While not strictly legally binding for purely internet-based services in the same way it is for licensed broadcasters, following it demonstrates a commitment to responsible broadcasting. The code covers areas such as:
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Protection of Under-Eighteens: Being mindful of content broadcast when children are likely to be listening, even without a formal watershed.
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Harm and Offence: Avoiding harmful or offensive material.
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Crime, Disorder, Hatred, and Abuse: Not inciting illegal activities or promoting hatred.
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Religion: Treating religious beliefs with due responsibility and without abuse.
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Due Impartiality and Due Accuracy: If you present news or current affairs, it must be impartial and accurate.
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Elections and Referendums: Specific impartiality rules apply during election periods.
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Fairness: Avoiding unfair treatment of individuals or organizations.
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Privacy: Respecting individuals’ privacy.
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Commercial Communications on Radio: Ensuring transparency and distinguishing advertising from editorial content.
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Music Licensing (Copyright):
This is a crucial area for internet radio stations playing commercially released music. You will likely need licenses from two main collective management organizations (CMOs):
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PPL (Phonographic Performance Limited): Licenses the use of recorded music on behalf of record companies and performers. Their “Linear Webcast Licence” is specifically for online radio stations and simulcasts where listeners can’t choose tracks on demand. The cost depends on the number of listeners and the station’s revenue.
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PRS for Music (Performing Right Society for Music): Licenses the use of the musical works (the underlying composition and lyrics) on behalf of songwriters, composers, and publishers. You will need a separate license from them.
It is a legal requirement to obtain these licenses to stream copyrighted music in the UK. Failure to do so can lead to legal action.
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The New Media Act (2024):
As of May 2025, the Media Act (passed in 2024) introduces regulations for “radio selection services” (RSS), which are internet services allowing users to select and play internet radio via spoken commands (like smart speakers). If Red Berry Radio aims to be accessible through such services (e.g., Google Home Actions), the providers of these RSS (like Google) have a duty to:
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Make relevant internet radio services (like yours, if you notify Ofcom and meet criteria) findable via spoken commands.
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Not interrupt the stream with their own advertising (unless agreed).
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Not charge the radio station to be included.
To qualify as a “relevant internet radio service” under this act, Red Berry Radio would likely need to:
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Be a UK-licensed radio station (if it has a traditional broadcast license) or a service that, in Ofcom’s opinion, effectively corresponds to one.
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Have an effective system to ensure it corresponds to the broadcast service (if applicable).
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Give notice to Ofcom.
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Other Legal Considerations:
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Defamation (Libel and Slander): You are legally responsible for any defamatory content broadcast on your station.
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Contempt of Court: Avoid broadcasting anything that could prejudice ongoing legal proceedings.
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Incitement: Do not broadcast content that incites violence, racial hatred, or other illegal activities.
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Privacy: Be mindful of data protection laws (GDPR) if you collect any personal information from listeners.
In Summary for Red Berry Radio:
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Music Licensing is Essential: Secure the necessary licenses from PPL and PRS for Music to legally play copyrighted music online.
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Consider Ofcom’s Broadcasting Code: While not strictly mandated for all internet radio, adhering to these standards promotes responsible broadcasting.
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Be Aware of the Media Act: If you want your station to be easily accessible via smart speakers and similar services, understand the requirements for “relevant internet radio services.”
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Uphold General Legal Standards: Be mindful of laws regarding defamation, contempt of court, incitement, and privacy.
It is highly recommended to consult the websites of Ofcom, PPL, and PRS for Music directly for the most up-to-date information and specific guidance relevant to your internet radio station. You may also want to seek legal advice to ensure full compliance.
