UK Government Redefines Newspaper in New Legislation: What It Means for Media Mergers

In a significant move to update and clarify media regulations, the UK government has issued a new order redefining what constitutes a "newspaper" under the Enterprise Act 2002. This change aims to modernize the legal framework governing media mergers in the UK, particularly in the context of digital publications.

Key Changes:

1. Broadening the Definition of "Newspaper": The order updates the definition of a "newspaper" to include any publication, whether online or in print, that features news-related material and is subject to editorial control. This means that not just traditional print newspapers, but also digital publications that regularly update their news content, fall under this category.

2. Clarifying "News-Related Material": The legislation specifies that news-related material includes both current affairs news and opinion pieces related to the news. However, publications primarily focused on hobbies, trades, or specific industries are not considered newspapers under this definition.

3. Connection to the UK: For a publication to be considered connected to the UK, it must either have a majority readership in the UK, have its editorial decisions made in the UK, or have its main office based in the UK.

4. Editorial Control: To qualify as a newspaper, the publication must have editorial responsibility for content creation, presentation, and initial publication decisions.

5. Retrospective Application: The changes are partly retrospective, applying to media mergers and arrangements from May 15, 2025. This means any mergers occurring after this date will be assessed under the new definition.

Implications for Media Mergers:

This redefinition plays a crucial role in the UK's merger control regime. By including digital publications under the newspaper category, the legislation ensures that mergers involving online news outlets are subject to the same scrutiny as traditional print media. This move reflects the evolving landscape of news consumption and the increasing importance of digital media.

What’s Next?

The order is set to come into force the day after it is made, extending its reach across England, Wales, Scotland, and Northern Ireland. Businesses, particularly those in the media sector, will need to consider these changes in their strategic planning, especially if they are contemplating mergers or acquisitions.

The government has conducted an impact assessment to evaluate the cost implications for businesses and community bodies, indicating a commitment to understanding the broader effects of this legislative update.

In summary, this legislative shift underscores the UK government's effort to keep its media laws up-to-date with modern digital realities, ensuring fair competition and diversity in the media landscape.