Ofcom has given its consent to a request from Warner Bros. Discovery (“WBD”) to broadcast live English language coverage of the 2026 Commonwealth Games (“the Games”). Consent has also been given to S4C for its Welsh language live coverage of the Games, and to the BBC for its Gaelic language live coverage on BBC ALBA.
Coverage plans
WBD will broadcast English language live coverage of the whole Games, including the opening ceremony, on its TNT Sports channels and via its streaming platform, HBO Max.
S4C will broadcast live Welsh language coverage of the Games on S4C, and its streaming platform Clic, as part of a nightly studio programme showing both live action and highlights, while the BBC will similarly broadcast live Gaelic language coverage of the Games on BBC ALBA each evening. Both S4C and BBC ALBA’s coverage will be available on BBC iPlayer.
Channel 5 will broadcast the opening ceremony live on the Channel 5 service, as well as via its streaming platform, 5Streaming. Channel 5 will also show daily highlights from the Games, as discussed below.
How the listed events regime applies
The Commonwealth Games are designated as a Group B listed event for the purposes of the listed events regime in the Broadcasting Act 1996 (“the Act”). This means broadcasters’ plans for live coverage may require Ofcom’s consent under section 101 of the Act.
The current listed events regime applies in effect to traditional broadcast channels.[1] It divides broadcasters’ channels into two categories: ‘qualifying’ services (including the main PSB channels) which reach 95% of the UK population at no additional cost to the viewer, and ‘non-qualifying’ services, which do not.[2]
Any broadcaster which wishes to show exclusive live coverage of all, or any part, of a listed event must obtain consent from Ofcom. However, where the live rights to a listed event (or a part of a listed event, as the case may be) have been acquired for both ‘qualifying’ and ‘non-qualifying’ services, then those broadcasters do not generally require consent.
In this case, Channel 5 does not need our consent for its live coverage of the opening ceremony. The Channel 5 service is a qualifying service, while WBD also has rights to show live coverage of the opening ceremony on its TNT Sports channels, which are non-qualifying services.
As noted above, S4C and BBC Alba will also broadcast coverage of the Games. These services are not included in our list of qualifying services.[3] As each of these is considered to be a ‘non-qualifying’ service, and therefore in the same category as WBD’s TNT Sports channels, each of WBD, S4C and the BBC requires our consent.
However, for Group B listed events, Ofcom’s Code on Sports and Other Listed and Designated Events[4] sets out that consent will be given ‘automatically’ where minimum requirements for “secondary coverage” (such as highlights) are met.[5]
In this case, Channel 5 has confirmed that it will show highlights each day on its Channel 5 service, as well as via 5Streaming. The highlights will also be made available on demand on 5Streaming and YouTube. Further, Channel 5 has additional rights to show clips as part of its other programming, and across online platforms.
The Code also sets out that rights to provide live radio commentary of the event must have been acquired for consent to be given ‘automatically’.[6] The BBC has confirmed that it has acquired national radio rights and intends to broadcast live coverage on BBC Radio 5 Live, among other stations.
We have had regard to the Code’s provision about secondary coverage[7] (as required by section 104(2) of the Act), and considered the information provided to us by the four broadcasters. We have decided to grant consent to the requests, having considered, in particular, the rights acquired by Channel 5 and its plans to show highlights on the Channel 5 service (and on demand), and also the additional coverage that will be available on S4C and BBC Alba. These plans secure that a substantial level of coverage of the Games will be available for free to audiences across the UK.
[1] Changes to the listed events regime made by the Media Act 2024, which come into force on 1 January 2027, extend the regime to include any services which can be used to show live coverage of listed events to UK audiences – including Public Service Broadcaster’s on-demand players, global media platforms and other internet-based streaming services.
[2] The Media Act also changes the categories into which services are split, so that one category broadly includes only services provided by PSBs which are accessible for free. All other services are in the other category.
[3] See the list of qualifying services (last updated 24 January 2022).
[4] Ofcom has published a revised Code on Listed and Designated events which reflects the listed events regime as amended by the Media Act 2024, and comes into force on 1 January 2027 (other than in relation to the exercise of rights under contracts entered into before that date).
[5] See paragraph 1.21 of the Code. The requirements relate to the category of service for which secondary rights have been acquired and restrictions on the duration, content and scheduling of the secondary coverage.
[6] See paragraph 1.19 of the Code.
[7] The Media Act’s changes to the regime include the creation of a number of cases where live coverage will be automatically authorised, without the need for Ofcom’s consent. For Group B events, this includes where rights to show “adequate alternative coverage” have been acquired: see section 101(6) of the Act. Regulations 4 to 6 of the Listed Events (Coverage) Regulations 2026 set out when rights to provide additional coverage will be taken to be rights to provide adequate alternative coverage (and regulation 7 sets out requirements that must be satisfied by the persons who have acquired rights). Where service providers rely on this automatic authorisation, but the additional coverage shown does not apparently reflect the requirements set out in our regulations, Ofcom can exercise its information gathering powers to assess whether the live coverage was automatically authorised (and where appropriate take enforcement action).