Television Advertising: Communications Committee Report

Lord Stevenson of Balmacara Excerpts

Thursday 3rd November 2011 Lords Chamber

[Lord Stevenson of Balmacara]

My Lords, I was briefly a member of the Communications Committee. By a curious coincidence, my time encompassed almost all of this inquiry, although I was not a member when it started or when the final draft was approved.

The noble Lord, Lord Patten, in his entertaining speech, was right to focus on the CRR and the advertising selling system. Like the noble Baroness, Lady Fookes, I found some of the issues we were probing, in particular the trading system for selling TV advertising, to be extremely complex and arcane. The comparison to the Schleswig-Holstein question was not far-fetched. I also have fond memories of our session with the CRR adjudicator. Rereading the minutes brought back the committee's sense of incredulity at the burdens he said he was carrying, given the relative lack of activity on his patch. In the five years to 2008, he had only 15 disputes to deal with, and he had none between 2008 and 2010.

Your Lordships' House owes the noble Lord, Lord Clement-Jones, a considerable debt of gratitude for chairing the committee and delivering this report. In an earlier debate, the noble Lord, Lord Fowler, said that the committee went through a golden period while he was chairman and the noble Baroness, Lady Bonham-Carter, was a member. I felt that was slightly churlish, but they are his memories and he may wish to differ on that. It seemed to be a golden time when I was on the committee.

Although the late Lord Onslow was present only for a few meetings, he made a great impact and, like other noble Lords, I want to pay tribute to his contribution to the committee and to his memory. In his absence, and sometimes when he was present, the noble Lord, Lord Clement-Jones, was a tower of strength as our chair. Often he probed reluctant witnesses, including Ministers, with supplementary questions that we could never have imagined, let alone deliver, particularly with the Ministers, Messrs Davey and Vaizey. We were brilliantly served by our advisers, Professor Steven Barnett and emeritus Professor Patrick Barwise, and I record my thanks to the clerks for their help and support to a new member and during the inquiry.

Several of the committee’s recommendations affect Ofcom and the Competition Committee as well as DCMS, and the situation is made more complicated by the fact that a lot of time has passed and action has been taken already in some areas and is continuing. As the Government’s response to the committee made clear, this is a fast-moving policy area. On the other hand, as we have heard, we are promised a communications Green Paper and presumably legislation will follow, so in some senses this debate will feed in very well.

The key points are that, by and large, British television benefits, as it always has done, from the main channel groups having separate funding streams. Satellite, licence fee and advertising supported channels are freed up to compete on quality. This has been for the public benefit ever since ITV was introduced to break the BBC monopoly. However, in today’s broadcasting ecology, TV advertising supports hundreds of channels and underpins investment in high-quality, UK-originated content, in particular from the commercial PSBs, ITV, Channel 4 and channel Five. As a matter of public policy, we want this to continue, albeit technology may in the end subvert this desire.

As my noble friend Lord Macdonald says, the growth in internet advertising needs to be taken into account and may upset the entire way in which we approach this. Our report argues that the current advertising minutage rules create an uneven playing field between the commercial PSB channels and the satellite and cable channels. This may have been appropriate 20 or 25 years ago to help the satellite and cable channels when they were starting out, but the situation is very different today. My noble friend Lord Lipsey argues that we should not keep COSTA and he may be right, but Sky+ makes this sort of regulation otiose. I suggest that more work is required and Ofcom should carry out a review urgently.

The current TV advertising market delivers many benefits to advertisers and viewers. It is alleged that advertisers benefit from lower prices, and the price of TV advertising has certainly fallen steeply over the last 10 years. Apparently it has not been cheaper since 1993. Having said that, I feel, like other noble Lords, that the system is almost impossible to follow. It is counterintuitive and arcane. On the other hand, it seems to work. Again, I suggest that an urgent review is required.

The noble Lord, Lord Grade, has fired off a broadside against the CRR regime. Again, the arguments seem to be finely balanced. ITV’s continuing market power, with 40 per cent of TV advertising revenue in 2010, suggests that whatever it says—and it said a lot in evidence—a competition remedy ought to remain in place. However, if the CRR undertakings were removed and the strict conditions imposed by the committee actually took place, there would be a great deal of extra money to invest in UK content across the industry and in matters such as training. As that is definitely a public good, we have to consider it as important. I agree with noble Lords that ITV’s commitments to quality, original UK TV production, training and other PSB obligations would need to be held closely in front of it and there might have to be additional regulation.

For me, this has been a trip down memory lane and I have enjoyed it. This has been a very good debate. The committee system in this House is impressive and it commands wide respect. This report does the committee and your Lordships’ House great credit. I invite the Minister to respond.