Secretary of State for Digital, Culture, Media and Sport (): On 15 October 2026 my
Department wrote to Sky UK Limited and ITV plc to inform them I
was minded to intervene in the anticipated merger between Sky UK
Ltd and ITV Media & Entertainment Holdings Ltd under the
Enterprise Act 2002 (the Act) and inviting them to submit
representations. Having fully considered their representations, I
have decided to issue a Public Interest Intervention Notice
(PIIN).
My decision to issue a PIIN relates to concerns I have that
public interest considerations specified in section 58 of the
Enterprise Act 2002 may be relevant to the anticipated merger and
that these considerations warrant further investigation.
At this stage, the issuing of a PIIN triggers the requirement for
the Competition and Markets Authority (CMA) to report to me on
jurisdictional and competition matters; and for Ofcom to report
to me on the media public interest considerations in section 58
of the Enterprise Act 2002, specifically:
-
The need for free expression of opinion in news media.
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The need for, to the extent that it is reasonable and
practicable, a sufficient plurality of views in news media in
each market for news media in the United Kingdom or a part of
the United Kingdom.
-
The need, in relation to every different audience in the
United Kingdom, or in a particular area or locality of the
United Kingdom, for there to be a sufficient plurality of
persons with control of the media enterprises, serving that
audience.
Under section 42 of the Act, I may include new public interest
considerations in an intervention notice for Ofcom to consider in
relation to the merger, if I am of the opinion that they ought to
be specified. I have informed the Parties that I have also
decided to intervene on the following public interest ground
which is not currently specified in the Act, but which I believe
should be:
-
The need for the availability throughout the United Kingdom
of a wide range of (i) broadcasting; and (ii) on-demand
programmes; which (in each case, taken as a whole), is of
high quality and calculated to appeal to a wide variety of
tastes and interests.
The legislation already specifies a public interest consideration
on the need for the availability, throughout the UK, of a wide
range of broadcasting which is both of high quality and
calculated to appeal to a wide variety of tastes and interests.
As I explained in my written statement(opens in a new
tab) dated 15 October, I believe that this consideration
should be modified to apply to on-demand programmes as well as
broadcasting in line with modern viewing habits and my specific
concerns regarding this merger.
Next steps
The decision letters to the Parties, and other relevant updates,
will be published on GOV.UK(opens in a new tab):
https://www.gov.uk/government/collections/the-anticipated-acquisition-of-itv-media-and-entertainment-holdings-limited-by-sky-uk-limited(opens
in a new tab)
I will bring forward legislation which amends section 58 of the
Act to extend the application of the public interest
consideration relating to the availability of a wide range of
broadcasting, to on-demand programmes.
I have asked both the CMA and Ofcom to report back to me by 27
January 2027. Following these reports, I will need to decide
whether to refer the matter for a more detailed investigation by
the CMA under section 45 of the Act.
DCMS will update Parliament after both reports from the
regulators have been received and considered.
Finally, on the evidence available to me I do not consider that
my duty to issue a Foreign State Intervention Notice has arisen.
If new or additional information comes to light which suggests
that a foreign state newspaper merger situation may be created as
a result of the arrangements currently in progress being carried
into effect, then I will be obliged to refer the merger to the
Competition and Markets Authority under section 70A of the Act.
