On 23 January 2017, the UK’s Office of Communications (Ofcom) published a consultation document on potential changes to its 2012 Enforcement Guidelines. On the same day, Ofcom published a separate consultation document on new guidelines for the enforcement of BBC requirements.
These consultation documents are relevant for all stakeholders in three main respects. First, they provide an opportunity to comment on Ofcom’s future enforcement procedures before they are finalised. Second, this consultation signals more clarity in the way in which Ofcom may take enforcement action. Third, once adopted, departure from these guidelines may form one of the grounds for judicial review of Ofcom’s decisions.