Smart TV Prominence: Calculating Media Value

The prominence of television apps on smart TV devices has become a critical public policy issue for government lawmakers and media regulators in Australia and the UK due to the transformative shifts in the media landscape and consumer viewing habits. The proliferation of streaming services and on-demand content has significantly altered how audiences access and consume media, challenging traditional broadcasting models and raising concerns about the discoverability of public service content.

The advent of streaming services has revolutionised content consumption, with viewers increasingly favouring on-demand access over scheduled programming. This shift has been accelerated by technological advancements and the widespread adoption of connected devices, such as smart TVs, which offer a seamless integration of various content sources. Consequently, traditional broadcasters face challenges in maintaining visibility and audience engagement amidst a crowded digital marketplace. The expansion of free ad-supported television (FAST) channels and the direct-to-consumer approaches by sports leagues further fragment the content landscape, intensifying competition for viewer attention.

Policy Framework in Australia

In response to these developments, the Australian Government has implemented a television prominence framework to ensure that free-to-air TV services remain easily accessible on internet-connected devices. Legislated through the Communications Legislation Amendment (Prominence and Anti-siphoning) Act 2024, this local framework mandates that smart TV manufacturers and platform providers prioritise the placement of Australian broadcasting apps on all smart TV devices sold in Australia from January 2026.

The Australian Communications and Media Authority (ACMA) is tasked with overseeing the implementation, enforcement and administration of this framework, aiming to preserve the accessibility of public service content in the evolving digital environment.

Prominence in the United Kingdom

Similarly in the commonwealth, the UK Government has recognised the necessity of updating its prominence regulations to reflect contemporary viewing behaviours. The Media Act 2024 introduced an online prominence framework requiring certain TV platforms to provide appropriate prominence to designated public service broadcaster (PSB) TV apps.

This legislative move addresses the limitations of the previous regulatory framework, which did not encompass PSB on-demand services or their live-streamed channels accessed beyond traditional electronic program guides. The Department for Digital, Culture, Media & Sport (DCMS) and the Office of Communications (Ofcom) have conducted public consultations to define the scope of connected TV platforms subject to these new rules, ensuring that PSB content remains discoverable in the digital age.

Prominence in the European Union

As of February 2025, several European Union (EU) member states are considering or have implemented prominence legislation to ensure that audiovisual media services of general interest are easily discoverable on digital platforms. This initiative aligns with Article 7a of the revised Audiovisual Media Services Directive (AVMSD), which permits member states to adopt measures guaranteeing appropriate prominence for such services.

While specific details about individual countries' plans are limited, the European Regulators Group for Audiovisual Media Services (ERGA) has reported that at least 12 member states, including Belgium, Bulgaria, Cyprus, and Germany, have provided feedback on implementing Article 7a. These discussions indicate a broader trend among EU countries to consider or adopt prominence measures.

Additionally, the European Commission has been actively engaging with member states to navigate the complexities of implementing prominence rules, aiming for a coherent approach across the EU. Given the evolving nature of media consumption and the digital landscape, it's anticipated that more EU countries will develop and adopt prominence legislation to support media pluralism and cultural diversity.

Prominence in the United States

Although the United States has not implemented federal regulations specifically addressing prominence of television applications on smart TV devices. Unlike countries such as Australia and the United Kingdom, which have established frameworks to ensure the visibility of public service broadcasting apps on connected devices, the U.S. approach remains less prescriptive in this domain.

The FCC has primarily focused on accessibility and consumer choice concerning television and set-top box interfaces. Notable initiatives include:

Accessibility: Under the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA), the FCC mandates that televisions, set-top boxes, and similar devices provide accessible controls, menus, and program guides for individuals with disabilities. These regulations aim to ensure that all consumers can navigate and utilise video programming features effectively.

In 2016, the FCC proposed rules requiring pay-TV providers to offer subscribers free apps compatible with various devices, including smart TVs. This initiative aimed to promote competition and provide consumers with alternatives to leased set-top boxes. However, this proposal did not specifically address the prominence or placement of apps on device interfaces. In the absence of specific federal mandates on app prominence, industry stakeholders have undertaken voluntary measures to enhance content discoverability:

OS Agreements: Content providers and device manufacturers often enter into agreements to feature certain applications prominently on smart TV interfaces. These collaborations are typically driven by market considerations rather than regulatory requirements.

User Interface: Manufacturers and service providers continuously refine user interfaces to improve navigation and content discovery, balancing business interests with user experience.

While there is currently no new federal policy specifically governing the prominence of TV apps on smart devices in the United States, evolving media consumption patterns and technological advancements may prompt future regulatory considerations.

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