Others argue that the regulations themselves are to blame. Broadcasting rules have not been updated for more than two decades, which many argue leaves the watchdog unable to cope with modern-day media.
“Ofcom is tied up in knots,” says a senior industry source.
“The rules are no longer fit for purpose – they were never designed for the world of 2024, where discourse happens on multiple platforms at the same time.”
A former TV executive adds: “It’s set up for a broadcasting environment in the 1980s at the very best. It’s not fit for purpose in that it’s not got any progressive thoughts on how to handle the digital explosion in communication.”
Moreover, Ofcom’s role has changed fundamentally. Once focused on regulating BT and overseeing mundane but lucrative mobile spectrum auctions, the regulator has now become an arbiter of key issues such as free speech and online safety – becoming inextricably embroiled in politics as a result.
“Ofcom has a siege mentality about what’s going on in the world,” says the industry source. “They’ve become a politically motivated organisation … They’ve got to put audiences first.”
Meanwhile, external pressures are beginning to take their toll on Ofcom’s workforce.
Insiders say that while bosses had been beefing up the online harms team, those on the broadcasting side felt neglected. The perceived latitude in GB News regulation and accusations that there is a lack of guidance from bosses also left many feeling they had been cast adrift, they say.
Even those in the in-vogue online harms division fear there is a gulf between what is expected of them and the reality of regulating big tech.
Potential change of leadership
The troubles have been underscored by several high-profile departures. Sachin Jogia joined Ofcom as chief technology officer to much fanfare in 2021, but left quietly soon after. The Telegraph last month disclosed that Gill Whitehead, Ofcom’s newly-appointed head of online harms, had abruptly left her role after little more than a year amid huge pressures.
Dame Melanie denies that there had been a decline in focus and says a colleague survey carried out over the summer had “incredibly strong” results.
Nevertheless, Ofcom’s ability to take on new powers will be a key area of focus for the Labour Government. Peter Kyle, the Technology Secretary, has already held two meetings with top Ofcom officials and is understood to have pushed the regulator to act faster to tackle online harms.
A government source said ministers would also review what was working well at Ofcom given its expanded responsibilities, describing the relationship as “constructive but challenging where it needs to be”.
The change of power will also raise questions about a potential change of leadership, though the source stressed that the Government respected the regulator’s independence.
Boris Johnson’s decision to appoint Tory peer Lord Grade as Ofcom chairman ruffled feathers in 2022. And while his term runs until 2026, the renewed focus on online harms raises doubts over how long the 81-year-old will stay in the role.
