Media Bill Debate
Full Debate: Read Full DebateLord Foster of Bath
Main Page: Lord Foster of Bath (Liberal Democrat - Life peer)Department Debates - View all Lord Foster of Bath's debates with the Department for Digital, Culture, Media & Sport
(7 months ago)
Lords ChamberMy Lords, it is an extremely surreal moment to stand up just as the Prime Minister is about to walk out of the door of No. 10, maybe to announce a general election for 4 July. Of course, if that does happen it means we will be dealing with these very important issues during the wash-up process.
I just wanted to let the noble Lord know that Downing Street is delaying the announcement for 10 minutes so that we can hear his speech in full.
I am always grateful for suggestions from my friend, the noble Lord, Lord Vaizey.
The amendments that have already been debated are extremely important. I am particularly grateful to the noble Viscount, Lord Colville, for explaining the somewhat complex details surrounding the amendment proposed by the noble Baroness, Lady Berridge. These amendments are really important in the context of going back to the sort of local radio stations we used to enjoy. He is also right to point out that a number of our debates have already demonstrated how important it is for Parliament to give a clear direction to Ofcom about its various activities.
I will concentrate on my Amendments 75 and 76. On Monday, I referred to the vital importance of Sections 319 and 320 of the Communications Act in creating an impartiality framework for TV and radio, building on earlier ones. That tradition of impartiality is the basis for the very high level of trust in our broadcast journalists—a tradition as vital for radio as it is for television. As I said on Monday, in an era of disinformation and conspiracy theories, spread so easily and quickly via social media, those impartiality requirements and the trust they engender in broadcast news and information are more important than ever. However, they are now under threat from a combination of a new generation of opinionated news stations and what appears to be the increasing reluctance of Ofcom to implement Parliament’s will.
Those impartiality rules, laid down by Parliament in 2003, are very clear. Section 319(2)(c) of the Act lays down that one of the standards objectives to be enforced by Ofcom is that
“news included in television and radio services is presented with due impartiality and that the impartiality requirements of section 320 are complied with”.
Section 320 states clearly that, for every radio and television service, due impartiality must be preserved in—this is critical—
“matters of political or industrial controversy; and … matters relating to current public policy”.
In simple terms, I believe that means that the due impartiality requirements must apply equally to both news and what we might call current affairs.
Recently, however, Ofcom seems to be making a distinction, allowing greater latitude for current affairs programmes to escape the due impartiality requirement. The distinction was first raised on 21 March last year in an Ofcom blog posted by its then group director for broadcasting and online content, Kevin Bakhurst. It was headlined, “Can politicians present TV and radio shows? How our rules apply”. Mr Bakhurst stated that,
“generally speaking, if it’s a news programme, a politician cannot present”,
but
“They are allowed to present other kinds of shows … including current affairs”.
Yet that distinction between news and current affairs appears nowhere in the relevant statute; nor did it appear in Ofcom’s Broadcasting Code or in the guidance that accompanies the code, yet Ofcom now clearly sees a distinction.
Last month, looking further into the issue of politicians presenting programmes, Ofcom commissioned IPSOS to carry out some focus groups among audiences. One of the conclusions in the IPSOS report was:
“Participants thought they could easily distinguish between news and current affairs … However, in practice, the presentation and style of these types of content blurred the line between news and current affairs which confused participants”.
IPSOS concluded that:
“The most prevalent opinion was feeling uncomfortable with politicians presenting current affairs content”.
While Ofcom appears to want news and current affairs to be treated separately, audiences have difficulty distinguishing between the two, so, just as the 2003 Act intended, news and current affairs programmes should both be covered by Sections 319 and 320 of the Act. The arbitrary distinction that Ofcom appears to have made between news and current affairs has no basis in law. After all, both quite clearly relate to
“matters of political or industrial controversy; and … matters relating to current public policy”.
Were the distinction to continue, it would significantly weaken the impartiality framework, so Amendment 75 makes it clear that Parliament always intended news to incorporate current affairs, in line with audience expectations.
This brings us back to the issue about partisan presenters. We have some outstanding radio show presenters with well-known political allegiances, including some from this House. I mention in passing the excellent programmes on Times Radio presented by the noble Lord, Lord Vaizey, and the newly ennobled noble Baroness, Lady Hazarika. We would not want to banish them from the air waves any more than we would want to banish, say, Nigel Farage from GB News. We are a liberal democracy, and we want to protect those contributions, but surely only if their shows live up to the same standards of impartiality required for news programmes.
Given the very high trust that audiences have invested in our broadcast services, as well as the clear audience discomfort with politically partisan presenters, we should seriously consider whether additional impartiality guardrails might be necessary for programmes hosted by well-known figures with well-recognised political allegiances. Amendment 76 addresses the rules around partisan presenters, whether on news or current affairs programmes, and it offers the simple proposal that the Secretary of State should review whether an enhanced duty of impartiality for such presenters might be necessary. The current rules around impartiality should not be allowed to be weakened by a regulator, certainly not without Parliament’s permission. Taken together, Amendment 75 and 76 seek to protect the legacy of trust which our broadcast media has taken decades to construct and which must not carelessly be disregarded.
The Minister is missing the fundamental point. There is a simple question: does he believe, and is it the Government’s view, that the due impartiality regulations contained in Sections 319 and 320 of the Communications Act apply to both news and current affairs programmes?
I will happily write to the noble Lord with more detail on that, but we think the Bill strikes the right balance.
My Lords, I very much welcome the amendment tabled by the noble Viscount, Lord Colville, which suggests that there should be a post-enactment review by the Secretary of State as to whether radio selection services should be extended to other devices. I fully support the case that he has made.
Amendment 81, tabled by the noble Lord, Lord Bassam, gives us an example of some of the things that need to be done and included in the Bill. His amendment, which seeks to extend the protections outlined in the Bill, would help future-proof the legislation and ensure that it keeps pace with rapidly changing audio-consumption habits. It is worth pointing out that this change was a key recommendation from the Culture, Media and Sport Committee during its pre-legislative scrutiny of the draft Media Bill last year. Amendment 77, tabled by the noble Baroness, Lady Thornton, which seeks to expand the scope of the regulation to cover non-voice-activated in-car infotainment systems, is another very good example of something that should be done now.
There is another area that should be addressed in the Bill that is covered by my Amendments 79 and 80. Amendment 79 would require voice assistant platforms to share data with broadcasters on the use of their radio services, and Amendment 80 would prevent tech platforms charging broadcasters for that data. The free flow of data is crucial—for commercial radio, community radio and even the BBC—in order to create a direct relationship between the listener, broadcasters and, in the case of commercial organisations, advertisers, to help them exist and grow.
Tech platforms are currently not obliged to share data with radio broadcasters on the distribution of their audio services. Any personal data shared between tech platforms and broadcasters would of course need to be subject to user consent and compliant with data protection legislation. Following consent, better access to data can help drive innovation in radio and audio services, unlocking new levels of personalisation and curation for the benefit of audiences. It is also vital for commercial radio broadcasters, as they depend on advertising revenues for their survival. Increased data transparency will therefore support commercial broadcasters of all sizes in taking advantage of targeted advertising, which is more attractive to advertisers and can command a higher price. In the long term, that would help to support the sustainability of the commercial radio sector as it becomes more reliant on online listening.
Access to data is currently inconsistent between tech platforms. For example, while Google and Apple provide virtually no data at all to radio broadcasters, Amazon provides some limited data through its Radio Skills Kit platform. However, there are important user insights that are not provided—such as age, gender, location and other interests—which would support the development of more personalised content.
This amendment would ensure a minimum standard for consistent, high-quality data to be shared with radio broadcasters by regulated radio selection services. It would also secure a minimum level of data access for all broadcasters, ensuring that tech platforms cannot engage in gatekeeping behaviours by revoking data access and/or charging broadcasters for the provision of that data. Without intervention, broadcasters will be at a disadvantage compared with the tech platforms, which have access to all the data generated by the listeners of UK radio on their voice-activated devices. In the long term, there is a risk that that data asymmetry could undermine the clear benefits that the Bill brings in levelling the playing field between UK radio broad- casters and large tech platforms.
There is a clear benefit to including data provisions in media sector-specific legislation, as they provide the most relevant opportunity to legislate for the specific challenges facing the media sector, without placing disproportionate burdens on the platforms to make significant changes to their data policies across all aspects of their businesses. I very much look forward to the Minister’s response not only to these proposals but to the others we have already heard.
As noble Lords have recognised, the provisions in Part 6 of the Bill are designed to secure the ongoing availability to listeners of UK radio services and will help to maintain the huge public value that radio provides as online listening continues to grow.
Turning first to Amendment 77 in the name of the noble Baroness, Lady Thornton, the Government fully recognise how important it is that radio continues to maintain its presence in the car. On the provisions in the Bill, I confirm that, where a radio selection service using an in-car device is voice-activated and connected to the internet, it will fall within the definition of a “radio selection service” for the purposes of Part 6. Indeed, that is further clarified by new Section 362BB(2), which ensures that the assessment of whether the use of a radio selection service is significant can take account of specific usages, including the level of radio listening via that platform that takes place in a vehicle. Therefore, should a selection service have significant usage among in-car listeners, it would be subject to potential designation under this part of the Bill.
However, it is correct that there are no requirements on car manufacturers more generally, as the measures are focused on designated platforms that provide a radio selection service. Amendment 77 would extend the definition of “radio selection service” to include services not connected to the internet but accessed via the in-car system provided by car manufacturers. We are not persuaded that it is necessary to extend specific regulatory protections further, given that the evolution of systems and their integration into cars is ongoing, and given the progress made by the radio industry in the UK and across Europe in securing partnerships with car manufacturers and platforms.
However, we recognise that ensuring continued access to radio in the car will be an important part of the review of the radio market in 2026—to which the Government committed in their response to the digital radio and audio review of April 2022—and we will continue to keep the matter under consideration. New Section 362BA also contains powers to amend the definition of a radio selection service, if needed in future, as listening habits change. While I thank the noble Baroness for the opportunity to set that all out, I hope she will be satisfied and willing to withdraw her amendment.
Turning to Amendment 78, tabled by the noble Viscount, Lord Colville of Culross, I agree with the sentiment that the definition of a radio selection service could change as technology evolves and listening habits change. New Section 362BA also contains powers to amend the definition of a radio selection service, if needed in future. That could include amending the definition to include different ways in which radio stations are selected if a clear need arises in future. As I mentioned earlier, in their response to the digital radio and audio review, the Government committed to a further review of the market in 2026, and the growth and direction of online listening will be an important part of that review. While I am happy to talk to the noble Viscount, if he wishes, I think he will have discerned our reservations about the need for what he proposes, and I hope he will be content to withdraw his amendment.
My Lords, I will just speak briefly, because I know that we want to get to Front-Bench spokesmen. A lot of detailed arguments have been advanced by those who have tabled amendments in this group and I think they reflect the detailed nature of the measures proposed. I have listened to those arguments and also heard some of the examples of people who have had bad experiences of the media. I sympathise with a lot of what has been said but, when it comes to matters of principle—and I believe that freedom of the press is a matter of principle—I also have the view that there are some circles that cannot be squared.
It is worth us just remembering that, only a couple of months ago, when we were debating foreign power ownership, Lord Ashcroft did a poll which showed that two-thirds of British people do care about freedom of the press. I think we can all agree that people might not always love or approve of everything done in or by the British media, but the principle of a free press, free from government interference, is something that matters to them. I believe it is a principle that serves the public interest and therefore one that Parliament must uphold. For that reason, I cannot support any of the amendments in this group and I will support my noble friend the Minister in resisting them.
My Lords, I begin by saying that, while I disagree with a great deal of what the noble Lord, Lord Black, said, I agree entirely with him in his view that this Bill is not the right place for discussing Section 40. I am enormously grateful for the best wishes for a speedy recovery that have been passed to my noble friend Lord McNally and I know that he is bitterly disappointed that he cannot be here. He would have been proposing a very simple way forward —that Clause 50 should not stand part of the Bill. The implication of that would, of course, have been that Section 40 would have continued to be on the statute book. But he would have gone a stage further and argued that it would be certainly the view of these Benches that it should not only be retained on the statute book but also should have been implemented.
There have been all sorts of debates about and criticisms of the proposal that came from Sir Brian Leveson. We should accept that a great debt needs to be paid to the noble Baroness, Lady Hollins, for the way in which she has forensically gone through many of those criticisms and debunked them. The one criticism that has not been debunked by her is that it is no longer necessary to have protection of the type that was proposed by Leveson because there is not really a problem now with what the press is doing. I think the noble Lord, Lord Watts, put it very clearly: there are still many examples of wrongdoing by the press. We need to be well aware of the implications of removing Section 40. There would be virtually no access to justice for victims of press wrongdoing. Ordinary people who find themselves defamed, have their privacy invaded or their grief intruded on by wealthy and powerful newspapers in search of higher circulation or clickbait will find themselves virtually helpless.
The noble Lord, Lord Hunt, may well be right that the degree of wrongdoing has reduced. That does not alter the fact that it still exists and there needs to be a mechanism to help in particular those who do not have deep pockets to ensure that they can get justice. Therefore, it requires the Government—were they to be continuing—to make very clear what their alternative is to provide the protection for those very people. There may not now be the opportunity, given the announcement about the forthcoming election.
We have heard many alternative solutions put forward in the various amendments before us today. There is not now time to go through all the detail. So, on these Benches, we are very clear that the best way forward now would be for the Government to accept the view of the noble Lord, Lord Black, that this is not the right place for a discussion of Section 40, that Section 40 should remain on the statute book and that a future Government—whichever party is in charge—should have an opportunity to discuss the right way forward to continue to provide the protection that is still going to be needed. I give way.
Can I just make it clear that I did not say that this was not the place to deal with Section 40? I said this was not the place to open a whole debate about self-regulation. I was crystal clear that Section 40 needs to go in its entirety and I hope its repeal will go through with this Bill immediately.
I apologise profusely to the noble Lord if I misquoted him. Let me say therefore that it is very firmly my view that this Bill is not the right place for a discussion of Section 40 and all the ramifications.
With those relatively few remarks, I very much hope that the Government will consider that the removal of Section 40 should not form part of this Bill, should not form part of the wash-up discussions and should just be kept as it is and we can debate it at a future date, whether we are on the same side of the Chamber or the opposite side.
My Lords, I thank all those who have already spoken, outlining their rich and often diverging views on this important clause. I understand completely that there are very different views around the Chamber and we have heard them for the last hour or so. I will outline the Opposition’s view on Clause 50 and Section 40.
The Leveson report is now over a decade old. Responding to, rightly, the concerns of the time, Brian Leveson’s aims were to balance the competing concerns of protecting the free press—which the noble Lord, Lord Black, spoke eloquently about—while ensuring high press standards. We have heard noble Lords championing those during the debate this afternoon.
Therefore, while the inquiry helped bring about a press regulator, it did not enforce mandatory membership for news publishers. Rather, it made membership voluntary but introduced incentives for publishers to join, including consequences if they did not. Section 40, which has never been commenced, would make publishers who had not signed up to the regulator vulnerable to paying the costs of those they face in legal cases even if the wider case was ruled in their favour. Press groups have long pointed out the impact this imbalance would have on their ability to undertake free and fair reporting.
The media landscape is now much changed, although some of the issues that were present then clearly are today. It is to be expected that that would be the case some 10 years on. Challenges from the rise of social media, online consumption of media and the consequences of falling advertising revenue mean that we have seen a significant impact on the ability of the press to compete in the market and undertake its vital work.
Additionally, a self-regulatory system for the press now exists—something not anticipated ahead of the creation of Section 40 in the 2013 Act. This alone makes the situation different from 2013 and, taken together, these changes mean that it is right that Section 40 should not remain in the Act as it is. Thus, and for those reasons, we cannot support the clause stand part proposition tabled by the noble Lord, Lord McNally, and so ably and so colourfully supported by my noble friend Lord Lipsey.
On Amendment 87A from the noble Lord, Lord Watson, I am very grateful to my noble friend for his contribution, but we are unable to support his amendment. I know he will be disappointed at that and he made very powerful arguments and a powerful case in putting his amendment to the House.
In our view, Amendment 87A risks wrapping up publications in sometimes spurious legal disputes and opening the door to sometimes repeated and vexatious claims. It would also put the onus of determining factual inaccuracies on the High Court. We do not believe that to be the right place for this to happen.
I thank the noble Baroness, Lady Hollins, as ever, for her carefully thought-through contribution. I pay tribute to her for the work that she has done, very ably and passionately, over many years. Outside your Lordships’ House, I look forward to digesting what Brian Leveson has had to say on this issue and, by extension, his contribution to this important debate. I shall speak to one of the noble Baroness’s amendments in particular: Amendment 84 presents an advantage in keeping parts of Section 40 that provide positive incentives to join a regulator and protections for those that do, while removing the part of Section 40 that has caused so much concern. I look forward to hearing what the Minister has to say on this.
My Lords, we have spent a great deal of time during discussions on this Bill quite rightly talking about Ofcom—its duties and its vital role in supporting our creative industries and in protecting the public. Its primary purpose remains as laid down in the Communications Act 2003: to protect the interests of citizens and consumers. However, in recent years, it has become something of the proverbial Christmas tree on which we have chosen to hang a procession of new regulatory burdens and responsibilities, from regulating the BBC to overseeing online safety.
I thank the noble Lord and the noble Baroness. I will address Amendment 88 first. The noble Lord, Lord Foster of Bath, brought up an important point about Ofcom’s impartiality and the process for appointing its chairman. I join him in commending the noble Lord, Lord Grade of Yarmouth, the current chairman, on his ongoing work to steer Ofcom through a time of great regulatory change—I acknowledge the change that the noble Baroness, Lady Thornton, alluded to in her closing remarks. As the noble Lord, Lord Foster, said, he draws on his extensive expertise in the sector.
Given the trust we place in Ofcom to regulate our media sector, its independence and impartiality are of paramount importance. To that end, the existing processes ensure that the appointment of the Ofcom chairman is designed to give effect to just those objectives. The chairman is appointed by the Secretary of State following a fair and open competition. This appointment is regulated by the office for the Commissioner for Public Appointments. The chairman of Ofcom is designated as a significant appointment by the commissioner. This means that the advisory assessment panel, which advises the Secretary of State, must have a senior independent panel member to ensure its impartiality. This member must be independent of the appointing department and must not be politically active.
The parliamentary scrutiny of this process was enhanced in the update to the Governance Code on Public Appointments in February this year. The updated guidance specifies that, should the responsible Minister not follow the advice of the advisory assessment panel, she or he is required to write to the chairman of the Select Committee when she or he announces the chosen candidate, and must appear before the Select Committee if requested to do so.
Furthermore, the chosen candidate is required to appear before the Select Committee before he or she is appointed. These new processes, which I hope the noble Lord agrees will help to address many of the concerns he raised, will apply to all future appointments to the role. We believe that this process ensures robust scrutiny and promotes Ofcom’s independence. I appreciate the noble Lord’s intention in tabling this amendment and agree with him about the importance of the topic it covers, but, given that this process was updated as recently as February, I consider his amendment unnecessary and hope that he will be happy to withdraw it.
I thank the noble Lord and the noble Baroness for Amendments 90 and 91 relating to Ofcom reporting. Ofcom has been regulating television and radio broadcasters since 2003, and we have confidence in its ability to continue to do so in the face of the changes brought about by the Bill. I appreciate what lies behind their amendments, which would ensure that the scope of the regulator’s functions, powers and duties—as well as its resources and capacity to deliver on its programme of work—is regularly reviewed. I am glad to say that there are already existing legislative requirements for Ofcom to report annually on how it carries out its functions. This information is published and laid before both Houses of Parliament, allowing the public and Parliament alike an opportunity for scrutiny.
In particular, Ofcom is already required to prepare a report on the carrying out of its functions each financial year, under paragraph 12 of the Schedule to the Office for Communications Act 2002. This includes reporting on its work, performance and finances, as well as any other matters requested by the Secretary of State. The last such report was published last July. This existing requirement combines some of the issues featured in the noble Lord’s and the noble Baroness’s amendments. More widely, it allows Ofcom to give a complete overview of its work. I hope that will reassure them.
On the noble Lord’s particular questions, the approach we have taken in the Bill is in line with that of other legislation. We have set out clearly defined principles that we want Ofcom to regulate against, and we have provided it with the tools it needs to do the job. On granular decision-making, it is right that Ofcom make these decisions. It has considerable sectoral expertise and is in the best place to judge the impact of its regulatory decisions. Off the back of the Bill, it will run 11 consultations, which will give a wide range of interested parties in the industry and beyond an opportunity to feed into its operational decision-making. Ultimately, Ofcom is in turn accountable to Parliament in the ways I set out earlier in Committee.
It is crucial that we protect Ofcom’s role as an independent regulator and give it the discretion to do its job. That is the approach we have taken in the Bill. We want to avoid a situation where a huge amount of parliamentary time is taken up making granular decisions about what is on our televisions. Rather, Parliament should set the direction and Ofcom can regulate accordingly, and broadcasters can continue to operate independently in their editorial decisions.
I am grateful for the Minister giving way, but I wonder whether he can answer the fundamental question that I asked him. Quite simply, if he is saying that the driving documents, if you like, are the royal charter and the licences, what is the mechanism by which Parliament has an opportunity to discuss and amend them, if it so chooses? I also point out that he may have an opportunity, since the noble Lord, Lord Grade, is now in his place, to reiterate the huge praise that has been heaped on the noble Lord’s head in his absence.
I am most grateful to the Minister for the very helpful response that he has given. I beg leave to withdraw my amendment.
My Lords, on these Benches, we wholeheartedly support Amendment 89 and the case made for it by the noble Baroness, Lady Stowell.
My Lords, I sense that this debate is coming rapidly to a close. The noble Baroness, Lady Stowell, has doggedly pursued this issue with others and I wholeheartedly congratulate her on her determination to ensure that we maintain a free and fair press without foreign intervention.
This amendment takes the noble Baroness’s critique of foreign state ownership a stage further by seeking to review the impact of the measure on UK broadcasters. Obviously, government should always keep under careful consideration and review the impact of particular policies. This will, I suspect, be a feature of debate from time to time. We need to consider the impact of foreign ownership on all news media outlets, not just the press, and we need to understand, and protect our press from, undue interference. We have made it clear on our Benches, throughout the debates on the future of the Telegraph Group, that we are fully committed to upholding press freedom and the independence of all news outlets.
We cannot tolerate external interference in the politics of our country; that does not really need underlining much more on a day like today. At a time when the media are often being attacked by the exercise of deepfakes, this vital principle takes on a new importance. We need to ensure in the future, as much as we can, that our democracy is protected. A free and independent press and broadcasting sector is key to that, so I hope the Minister will give a considered response to that point.
I particularly pick up on the point of the noble Baroness, Lady Stowell, about regulations relating to the amendments we recently passed to another Bill. I do not think they are otiose, despite the calling of an election. They will be important in the future, and she is right to insist that work should be carried on to ensure that they are properly and correctly drafted so that they can be reviewed when a new Government are in place. Her point on the Ofcom review of ownership rules, which is to commence in November, is an important insight and one that we clearly all need to concentrate on and give some thought to while we go through the electoral process.
I am going to go slightly off-piste here before we conclude this debate and thank the Minister, the noble Lord, Lord Parkinson, for the time that he and I have spent together across the Dispatch Box and for the courtesies he has extended to me, my noble friend Lady Thornton and other colleagues during the passage of this legislation. I particularly enjoyed the contributions from the noble Baroness, Lady Stowell, and, although she is not in her place, I thank the noble Baroness, Lady Bonham-Carter, for her continued and assiduous interest in this. I also thank the noble Lord, Lord Foster, who is a powerful and important voice in your Lordships’ Chamber.
I suspect we will not have much more debate on the Media Bill, wash-up being the vicious process that it is, but we on these Benches have been happy to support it in the main. I am sorry we will not have the opportunity to give it a bit more detailed scrutiny on Report, but that is the nature of how we do our business. I thank the Minister for his attention to this, and I look forward to listening to his response.