Ofcom’s rules require that all “phone, broadband and pay-TV providers” must “warn customers when their current contract is ending, and what they could save by signing up to a new deal” (usually sent between 10-40 days before the end of your contract). But an ongoing legal challenge makes the situation for customers of Sky TV a bit more confusing.
The regulator’s End-of-Contract Notifications (ECN) system has been around since early 2020 and, while there are still some ISPs that don’t play by the rules (usually certain smaller players), most providers do follow the policy. The move helps to keep subscribers informed about the best deals available to them and also encourages switching, which usually leads to savings.
However, the situation for customers of Sky’s (Sky Broadband etc.) various pay-TV packages is a bit more complex, which is something that we only realised recently after some customers of their newer Sky Glass and Sky Stream TV services queried why they weren’t receiving ECNs. In response, Sky’s support team told some of those same users that they only issued end of contract notifications to their broadband and mobile services, which appears to contradict a 2022 ruling.
Just to recap. Back in August 2022 Ofcom concluded a long-running investigation into Sky, which found that they had broken consumer protection rules by failing to send ECNs to their satellite-based Pay TV customers (here). Sky’s original argument against this, which the regulator rejected, was based on the fact that the 2003 Communications Act excluded “content services” from the ECN rules, which instead only apply to “electronic communications networks” (i.e. Sky argued that their satellite TV services were “content services“).
The above context is key because Ofcom have since informed ISPreview that, despite providing access to broadly the same services as their satellite-based products, Sky Stream and Sky Glass are currently classed by the regulator as over-the-top “content services” delivered through the internet, like Netflix, Disney+ etc. As above, content services are not regulated as communications services and thus fall outside the scope of Ofcom’s General Conditions. Ofcom informed us that the one exception to this is if they’re delivered as part of a bundle (e.g. alongside Sky Broadband), then ECNs should still apply.
So far, so confusing, and we’re not done yet. Remember that 2022 decision against Sky’s satellite TV service above? Sky promptly launched a legal challenge against that and, despite losing several attempts to overturn Ofcom’s ruling, the broadcasting giant recently filed another application for permission to appeal (again) with the Court of Appeal just before Christmas 2024.
The case reference for this is CA-2024-002837, and it is tentatively expected to be heard in court on 29th July 2025. As a result the situation around ECNs, as well as how some of Ofcom’s other associated rules may apply to Sky’s various different pay-TV platforms, remains confusing and potentially subject to change.
A Sky spokesperson said:
“We’re committed to providing our customers with the best possible service across all our products and offer an extensive range of options to help them manage their Sky TV services and bills.
We do not believe that Sky’s pay-TV service is an electronic communication service under the definition in the Communications Act 2003 and continue to seek legal review to clarify what has been a long running, genuine difference of views on interpretation of the law.”
We can certainly understand Sky’s argument on the technical detail, but equally Ofcom have always stated that ECNs were intended to apply to Pay TV providers too and consumers rightly expect this to be the case. In the end, Sky does not come out of this smelling of roses and we’d like to see all of their pay-TV products applying Ofcom’s rules, but clearly there are still some areas of conflict.