Approved application: FA Cup Final 2022-25

The listed events rules are designed to ensure that certain events of national interest are available to view live, and for free, by the widest possible audience. Under the rules, broadcasters require Ofcom’s consent to broadcast exclusive live coverage of listed events, which we assess on the basis set out in our Code on Sports and Other Listed and Designated Events (PDF, 71.2 KB).

We consulted between 14 March 2022 and 11 April 2022 on a request from the BBC and ITV (also made on behalf of STV) to broadcast live coverage of the FA Cup Final between 2022 and 2025. The matches will be shown simultaneously on BBC One, and on ITV, UTV and STV.

The rules (in Part 4 of the Broadcasting Act 1996) divide channels into two categories: “Qualifying” channels are those that are free-to-view and received by 95% of the UK population and “Non-qualifying” channels that do not meet these conditions. The only exception to the requirement for a broadcaster to obtain Ofcom’s consent for live coverage of a listed event is where another broadcaster also has the rights to include the live coverage of the whole event, or the same part of the event as the first broadcaster, in a channel of the other category to the first broadcaster. That channel must also be broadcast in the same geographic area as the first channel. In this case, the BBC and ITV propose to show the FA Cup Final on BBC One, and on ITV, UTV and STV (together forming the Channel 3 network). Both BBC One and the Channel 3 Network are qualifying channels. As such, they are in the same category and the exception therefore does not apply.

In our consultation, we said we were provisionally minded to grant consent as we were satisfied, on the basis of the information provided to us by the BBC and ITV, that broadcasters had had an opportunity to acquire the broadcast rights on fair and reasonable terms. We explained in the consultation that, although the relevant paragraphs in the Code refer to “exclusive coverage”, matters concerning the acquisition of the broadcast rights are also relevant where (as here) two broadcasters jointly hold the rights. We also noted their proposal would ensure the FA Cup Final would be available to view live and for free by audiences across the UK until 2025.

Ofcom received two responses to the consultation, both objecting to the proposal because of the disruption to normal programming caused by the broadcast of live sporting events like the FA Cup Final. One respondent argued that sport should be confined to sports channels, while the other argued that a simulcast by ITV and the BBC created an unnecessary amount of disruption for audiences who do not want to watch football.

Although we acknowledge the respondents’ concerns, the fact the same event will be shown simultaneously across two public service channels is not a ground for withholding consent under the statutory framework, which aims to encourage the widest possible availability of live coverage of listed events to television audiences. The plans proposed by the broadcasters secure that the FA Cup Final is available to view live and for free by audiences across the UK, and we have therefore decided to consent to the request.