Ofcom powerless to regulate Al-Hiwar TV despite pro-Hamas broadcast claims

The Al-Hiwar case exposes a critical regulatory bypass where established UK media licenses provide a veneer of legitimacy without the oversight of the Broadcasting Code. For streaming platforms and digital infrastructure providers, this underscores the limitations of territorial regulation in a cross-border distribution environment. Current UK law prevents Ofcom from intervening in online-only or foreign-hosted streams, even when programs are produced in London-based studios. Industry leaders should track how this loophole influences the implementation of the Media Act 2024 and the Online Safety Act, as calls for legislative expansion could drastically alter liability for platforms and CDNs hosting controversial speech.

The regulatory gap highlighted by the Al-Hiwar controversy coincides with the UK government’s rollout of the Media Act 2024. Per VideoWeek in February 2026, the Department for Digital, Culture, Media and Sport (DCMS) is implementing secondary legislation to bring 'Tier 1' streaming services—those with over 500,000 UK users—under Ofcom's direct oversight. This marks the first time major on-demand platforms like Netflix and Disney+ will be subject to a VoD standards code mirroring the traditional Broadcasting Code, including fine thresholds of up to £250,000 or 5% of qualifying revenue.

Simultaneously, Ofcom's enforcement capabilities under the Online Safety Act are being tested. Per Reclaim the Net in April 2026, the regulator issued 197 information demands to U.S.-based tech companies to tackle illegal content, including terrorism and hate speech. While this act focuses on user-to-user platforms, it reflects the regulator's broader effort to bridge the distance between domestic law and digital content hosted on foreign servers. However, legal experts note that enforcement against foreign entities remains complex due to varying free speech protections, such as the U.S. First Amendment.

The context of these regulatory shifts is a rising trend in what Ofcom identifies as 'shifting viewing habits.' Per Ofcom's 2025 Media Nations report, 85% of UK adults now use video-on-demand services monthly, compared to 67% who watch live television. This migration has intensified political pressure to ensure that the content protections once reserved for linear TV are equally applied to the streaming and social media ecosystems where channels like Al-Hiwar now thrive.