BBC World Service: Finances

Debate between Viscount Colville of Culross and Lord Ahmad of Wimbledon

Wednesday 24th April 2024 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble Lord will know the deep affection I have for him and his views, to which I listen very carefully. He will accept that the DCMS review, as I said earlier, will be looking at the World Service specifically. Soft power around the world is needed at a time of conflict and need. I alluded earlier to the Gaza conflict. The BBC World Service provides important signposting at times of conflict, such as where to go and where to get information. That is a vital example of what it does. Of course, I acknowledge the opinions expressed in your Lordships’ House. As I said, the review of the whole BBC funding envelope will look at every element of BBC funding but also specifically at how we protect this valuable asset when it comes to our global power across the world.

[Viscount Colville of Culross (CB)]

My Lords, I declare an interest as a former BBC producer. The Government’s grant in aid to the BBC World Service will now not be decided until some unspecified time after the election. The present grant runs out in March next year. Does the Minister realise the havoc this uncertainty is playing with the BBC’s planning for the future of its world and language services?

[Lord Ahmad of Wimbledon (Con)]

My Lords, for all funding, I accept the principle that we need to provide certainty and continuity. As we move towards an election, it is very clear that, irrespective of any result or outcome of a given election, we have seen successive Governments over many years show their commitment to the BBC and, importantly, to the World Service. Our commitment is that we will stand by the BBC World Service if we continue to be chosen as the Government of the day in the election later this year. I assure noble Lords that the review being undertaken by colleagues in the DCMS is very much focused on providing the very certainty to which the noble Viscount alludes.

BBC Persian Staff

Debate between Viscount Colville of Culross and Lord Ahmad of Wimbledon

Tuesday 12th June 2018 Lords Chamber

[Lord Ahmad of Wimbledon]

I am sure that I speak for all noble Lords——I speak as a parent, too—when I say that our hearts go out to a young child whose parent was absent for a notable birthday, and our compassion goes out to the family. Many sensitivities are associated with the case that the noble Baroness raises and other consular cases, but I reassure her that we regularly raise the case of Nazanin Zaghari-Ratcliffe, as well as other cases, and we will continue to do so. The issue of dual nationals is pertinent because Iran does not recognise dual nationality.

[Viscount Colville of Culross (CB)]

My Lords, I declare an interest as a series producer working at CNN. Last year, the Government gave an extra £85 million to the BBC World Service, which helped set up 12 new BBC language services in areas where free speech is oppressed. That funding has a commitment for two years. What are the Government’s plans for funding these services beyond 2020?

[Lord Ahmad of Wimbledon]

The Government have indicated their commitment through the funding that the noble Viscount has alluded to. In terms of longer-term funding, we believe strongly in the BBC World Service, most notably in its provision of impartial news and support to various populations across the world. I will write to the noble Viscount about funding beyond 2020.

Defamation Bill

Debate between Viscount Colville of Culross and Lord Ahmad of Wimbledon

Tuesday 5th February 2013 Lords Chamber

[Viscount Colville of Culross]

My Lords, I thank the Minister for his forbearance in the various attempts I have made to persuade him to adopt this procedure.

I raised the issue of the declaration procedure in Grand Committee. However, this amendment widens out the wording of the amendment that I proposed then. Proposed new paragraph (b) would allow either a website operator or the author of a statement to apply to query the contents of a notice of complaint.

I emphasise that this procedure will be voluntary and should not be available to decide whether or not a statement is true, or any other issue that needs a contested hearing. It is simply a quick process to decide whether the claimant has demonstrated a prima facie case. It would not necessarily lengthen the notice of complaint process as it should be issued at the same time as the notice of complaint is sent to the poster. It would run in tandem with the Clause 5 procedure.

There are concerns that this amendment might allow the website operator almost routinely to choke off the notice of complaint process by turning instantly to the declaration procedure. However, for website operators to use the procedure routinely would be to shoot themselves in the foot. The claimant could get a positive declaration, which would not only reinforce his case but give him an official document to send to other website operators showing that he met the basic requirements, which could be used in dealing with repeat postings of the statement on other websites.

As for concerns about the expense, I have suggested that the declaration procedure goes before the masters or a procedural judge. I am assured that despite the concerns expressed by the noble Lord, Lord Marks, in Grand Committee, who was worried that it would be very expensive, that a web-based procedure could be developed for as little as £25.

I ask the Minister to consider once again whether such a procedure could be included in the Bill.

[Lord Ahmad of Wimbledon]

My Lords, Amendment 16 would allow the regulations governing the Clause 5 process to provide for a procedure for a complainant, website operator or person who posted the statement complained of to seek a court declaration as to whether the complaint meets the basic requirements of a libel claim.

This amendment seems to envisage the creation of a system whereby, alongside the Clause 5 process, any party can seek a court declaration on a prima facie basis. It is difficult to see what incentive there would be for a complainant to do this. Such a declaration would not be determinative of the merits of the case or affect the availability of the Clause 5 defence, and so it would potentially just be an additional—and costly—step before registering a notice of complaint. Instead, the proposal appears primarily to be aimed at helping website operators to make informed decisions as to the strength of complaints so that they can be more confident in removing material or leaving it online depending on whether or not a declaration is granted.

We have serious practical concerns about this proposal. It has been suggested that the process could operate through consideration by a High Court master, on the papers, at very short notice and on payment of a nominal court fee. That seems unrealistic. We consider that it does not adequately take account of the time the process would take, given the significant additional burden on the courts, the extent of the evidence that could be needed to reach a decision and the consequent costs to the parties involved. There is also the possibility of rulings being appealed, which could add to the time and costs involved. Bearing in mind that the prima facie declaration would not be determinative of the merits of a case, it is difficult to see how that is warranted.

In any event, we do not consider that this additional process is needed. Clause 5 is intended to operate in such a way as to avoid website operators having to make decisions about the merits of defamatory complaints. The representations we received from many website operators during consultation on the draft Bill indicated that they did not have sufficient knowledge to make these judgments and that it was not appropriate for them to be doing so.

In response, we have sought to create a simple, quick, cheap and effective means for the complainant to request the removal of defamatory material and for the poster to engage with this request and stand by his posting if he wishes to do so. We think it is right to remove the website operator from the process as far as possible, so that if they follow the process as will be set out in regulations they will have a defence against a defamation action.

Of course, if for business reasons a website operator wishes to protect their users because doing so helps them financially, there is nothing in Clause 5 that will stop them from doing so. However, we do not think that an amendment to support them in doing so is appropriate.

I say again that the Government believe that the Clause 5 process, which, as I explained, focuses on creating a system under which website operators do not have to reach judgments on the validity of complaints, is a preferable approach which will be fair to all parties involved and will deliver additional certainty and protection for website operators. We believe that it is simpler and will not involve the cost and delay of the system envisaged under Amendment 16. With the explanation that I have given, I hope that the noble Lord will withdraw his amendment.