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.
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 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: https://www.gov.uk/government/collections/the-anticipated-acquisition-of-itv-media-and-entertainment-holdings-limited-by-sky-uk-limited
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.
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