Media Bill

Baroness Grey-Thompson Excerpts

2nd reading
Wednesday 28th February 2024 Lords Chamber

[Baroness Grey-Thompson (CB)]

My Lords, I draw your Lordships’ attention to my declaration of interests in that I do occasional work for the BBC and Channel 4, and other media outlets, which are declared on my register. I am also chair of Sport Wales.

I am interested in many aspects of the Bill; in particular, how sport will be treated. I was delighted in 2020 when His Majesty’s Government added the Summer and Winter Paralympics to the “crown jewels”. This was a really important moment for the sport’s movement and the athletes. For a long time, while other countries were catching up on the media coverage of the Paralympic Games, many international athletes, friends and families used the British coverage to get up-to-the-minute updates. Just today, the International Paralympic Committee and Paris 2024 announced that media rights holders in more than 160 countries and territories plan to broadcast the Paralympics this year. I am in no doubt that the free-to-air coverage in the UK has helped the transformation of other jurisdictions, and we have much to be proud of.

The Bill introduces a new special clause for multi-sport events which was not in the draft Bill and was not subjected to pre-legislative scrutiny in another place. It would apply to four current group A events: the Summer Olympics and Paralympics, and the Winter Olympics and Paralympics. The new clauses would have the effect that Ofcom consent would not be required for multi-sports events if a service in one category has full rights and a service in another has what is termed “adequate live coverage”. The Bill does not define adequacy and it is not clear that adequacy would mean the same thing to a PSB as to a commercial subscription service. A concern would be that “adequate” might equate to “incomplete”; for instance, by carving out particular sports such that they are available only on pay-to-view services, or by significantly limiting the hours of broadcast or transmission times available to a free-to-air broadcaster.

I ask the Minister about the ability of Ofcom to make regulations and what might constitute “adequate” live free-to-air coverage. At the moment, I am not reassured that the balance is quite right. It could remain possible, for instance, that some key Olympic and Paralympic events and moments will be lost behind a paywall; for example, a cycling gold medal or the‘ women’s 100 metres final would be available only to those who can afford to subscribe. If this were the case, it could widen the divide between male and female athletes or give some sports less reach. Seeing elite athletes perform is important, to offer some inspiration to younger people.

Is it His Majesty’s Government intention, with the multi-sports clauses, to facilitate partnerships between public service broadcasters and commercial pay broadcasters? This might be considered a curious sort of intervention, given that the BBC and Discovery are quite happily partner broadcasters for the Olympics right now, without these clauses. In fact, many listed events now have co-rights holders; these are sometimes more than one PSB—such as the BBC and ITV for football—and sometimes they are a free and a pay broadcaster. These partnerships are already allowed and, indeed, encouraged by the current legislation.

Does the Minister see any issue where the Government are inviting Ofcom to make regulations that will likely set two live streams as the ceiling for free-to-air coverage and potentially weaken the PSBs’ hand in any negotiation with rights holders or commercial broadcasters? If that is the case, it cannot be in the wider interests of the UK public. There are already many challenges in negotiating sports rights without making it any harder.

I am also interested in what may happen to digital on-demand rights within the regime. The way that many of us watch or consume sport is rapidly changing. As many noble Lords have mentioned, we are no longer sitting around one TV in the living room as a family. If no reference to digital on-demand rights is included, it seems unlikely that two live streams free to air, but with no catch-up or digital clips available for free, would be sufficient for audiences. An unintended consequence of the multi-sports clauses, and exclusion of safeguards around digital on-demand rights in the regime, could be to make the investment case for PSBs so weak that they are no longer inclined to bid for these crown jewels and they de facto become an all-paywalled affair, or with minimal skeleton free-to-air live provision, so that many UK audiences may miss out altogether.

I am also interested in exploring prominence, as other noble Lords have done, and the difference between “significant” and “appropriate”. Like many noble Lords, I support the Welsh language and Gaelic, but as the noble Lord, Lord Holmes, has already raised, we do not go anywhere near far enough in provision for those who require British Sign Language. I hope that we never go into another pandemic, but a huge frustration for me was that we could not provide British Sign Language at 5 pm on the media outlets that were updating the country about what was happening. This is simply not good enough.

Finally, have His Majesty’s Government given any consideration to using the Media Bill to update the Communications Act 2003 to safeguard linear TV, which is still an important and familiar viewing route? This would also support audiences as the digital transition continues.

I will be tabling and supporting amendments that cover these issues, and very much look forward to Committee.

Media Bill

Baroness Grey-Thompson Excerpts

Committee stage
Monday 20th May 2024 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I rise briefly to address the government amendments which I have tabled in this group: Amendments 19 to 24, 27 and 28, and 36 to 41. These, although numerous, are all minor technical amendments to provide Ofcom with the necessary tools to ensure that the regime delivers for audiences. The amendments will close off any opportunity for non-public service broadcaster services to qualify. They will update the provisions on contract voiding and provide consistency in definitions, in line with changes that were made to the Bill in another place. They will enable Ofcom to specify that audiences should be able to continue to watch events from the beginning or to rewind while an event is in progress—perhaps including debates in your Lordships’ House—in its adequate live coverage regulations; and they will ensure that Ofcom has appropriate flexibility to determine any penalties. I hope, therefore, that noble Lords can support these amendments and I look forward to noble Lords making the case for the other amendments that they have tabled in this group. I beg to move.

[Baroness Grey-Thompson (CB)]

My Lords, I shall speak to Amendments 25, 26 and 30, which are in my name. I draw attention to my interests in the register: I am also a member of the All-Party Parliamentary Media Group.

Whether it is Wimbledon, the Olympic 100 metre final, the Euros joy and World Cup despair of the Lionesses, or the optimism of the FA Cup, listed events have a special place in people’s hearts and memories—but how and when we watch these big sporting moments that can unite nations and encourage participation, social cohesion and pride is changing. Thanks to the listed events regime, devised in the mid-1990s, major sporting events are freely available to all audiences, especially those who cannot afford to watch sport behind a paywall—great if you can watch in real time on your TV, but currently there is no protection for digital on-demand coverage of these much-loved events. If no action is taken, anyone who wants to watch, say, Team GB on their tablet or smartphone or see the highlights could miss out, especially with events taking place in different time zones.

At Tokyo 2020, the gold medal-winning performance by BMX specialist Charlotte Worthington was watched by just 400,000 people at the time, as it happened overnight, but in the days that followed different forms of short-form coverage of the race generated nearly a tenfold increase in views; and, while the TV reach to the 2022 Commonwealth Games in Birmingham was about 20% lower than for the 2014 Glasgow Commonwealth Games, there were around six times more on-demand views of digital clips. Soon, digital and on-demand viewing will be the norm for watching legends being made. Looking beyond Los Angeles 2028 and Brisbane 2032, could Great Britain’s medal successes be behind a paywall?

Now is the time to not miss the opportunity. The Media Bill offers a once-in-a-generation chance to protect these moments for all of us, however, whenever and wherever we watch, and I am seeking to bring the regime up to date to safeguard the future of listed events for the next generation. The new clause will give enhanced regulatory protection so that these shared national moments are available to us all, making sure the benefits of watching on your TV in real time are afforded to clips and highlights, and will allow for time-shifted viewing, enabling people to watch on tablets and smartphones; and it would secure, where possible, adequate digital on-demand coverage of listed events made available free of charge to us here in the United Kingdom.

Audiences are changing. For Wimbledon in 2023, BBC coverage was streamed 54.3 million times on iPlayer and BBC Sport online—a new record. The men’s singles final peaked at 11.3 million on BBC1, with streams up by 58% on iPlayer, and the women’s singles final peaked at 4.5 million on BBC1, with streams up by 85% on iPlayer. For the 2023 FIFA Women’s World Cup, 12 million watched England’s Lionesses versus Spain on BBC1, with an additional 3.9 million streams on BBC iPlayer and BBC Sport online. There were 25.7 million streams on BBC iPlayer and BBC Sport online across the tournament—a 75% increase on the 2019 World Cup.

It is not just the BBC that wants to see this. The Culture, Media and Sport Committee recently concluded that

“digital rights should be included as part of the listed events”

and an independent report commissioned by Ofcom last year concluded that

“as expectations about the availability of live and secondary coverage of sporting events of national interest changes, we think that the current linear TV-centred regime risks failing to take into account the increasing popularity of secondary coverage”.

We know the Government recognise the issue and consulted industry a year ago, yet nothing has been done. Please do not let this opportunity pass. The time to act is now.

[Lord Bassam of Brighton (Lab)]

My Lords, this is a large group, as the Minister said in his opening comments, dominated mainly by government amendments. We are grateful to him for his explanation of the effects of the amendments, which we broadly welcome, although we have some questions about them. In particular, I would like a more precise understanding of the meaning of the Minister’s Amendment 19; I had hoped it might make our Amendment 29 irrelevant, but I do not think it does. All of us in the Committee are grateful to the noble Baroness, Lady Grey-Thompson, for tabling Amendments 25, 26 and 30, and I look forward to hearing something positive about them from the Minister.

We on these Benches have two amendments in this group: Amendments 29 and 31A. Amendment 29 would have one simple effect: it is designed to make provision for the coverage of listed events, which is not the same as live coverage. As the noble Baroness has explained, the position regarding the Olympics is, frankly, ludicrous: unless you are able to catch the live coverage of an event, you cannot view the same event on catch-up TV or in an edited highlights programme. Where the Olympics, a World Cup or similar events are in time zones that are 12 or 13 hours different from the UK’s, the position is even more ridiculous: sports fans are forced to become insomniacs—and worse—to watch blue-ribbon events within the Olympics programme. I am sure that was never the intention when the listed events regime was created, and I hope that we will hear from the Minister today that this peculiar state of affairs will be put right.

Amendment 31A seeks to insert a new clause. This reflects the concerns brought up by internet providers about the quality of listed events in the face of competing demands on our internet system. As we consider these changes to listed events, it is important that we also consider the audiovisual quality of digital delivery. Our frameworks must ensure good reliability to support a viewing experience worthy of the importance of these live events. Can the Minister answer the question that the new clause asks about how we ensure that listed events get their fair share of internet infrastructure as we see the digital share of television viewing rise further? That is especially true for listed events but it is worth asking more generally as well.

In the same vein, Amendment 30, in the names of the noble Baroness, Lady Grey-Thompson, and the noble Lord, Lord Addington, is of course one that we support, although it seems to be a more belt-and-braces version of our own. I am not wedded to a particular form of words, and if the noble Baroness has spotted a deficiency that requires plugging and her amendment achieves the same end as ours, we will happily support it at a later stage.

We are sympathetic to Amendment 31 from the noble Lord, Lord Addington. Cricket misses out in terms of coverage, and that is surely the minimum that we should expect for this much underrated summer game. Test and one-day format cricket have the ability to capture the national mood and imagination, and the nature and rhythm of cricket, with its rolling narrative, is surely worthy of a more advanced listed billing. I have never understood why test matches are not listed; the Ashes series, with its long national rivalry involving Australia, certainly should be. As a devoted cricket fan and participant in 60-plus seasons, I make a strong plea to your Lordships’ Committee to listen to this argument. I appreciate that my case is highly subjective but the recent Ashes series in the last 15 to 20 years have been compelling, and there is a compelling case for this event to be listed as well.

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Moved by

[Baroness Grey-Thompson]

42: Schedule 2, page 128, line 3, leave out paragraph 54 and insert—
“54 “(1) Section 310 (code of practice for electronic programme guides), is amended as follows.(2) After subsection (3), insert—“(3A) Where a user interface gives access to one or more electronic programme guides, the practices required by the code must include the giving, in the manner provided for in the code, of such degree of prominence as OFCOM consider appropriate to electronic programme guides within the user interface (whether such guides are provided by the person providing the user interface or by other persons).(3B) For the purposes of subsection (3A), OFCOM may consider that different degrees of prominence are appropriate in relation to different electronic programme guides.”(3) Omit subsection (4)(f).(4) After subsection (8), insert—“(8A) In this section—(a) “user interface” means an electronic programme guide that, in addition to the facilities mentioned in subsection (8), includes a facility by which a user may find, select or access electronic programme guides;(b) for the purpose of the definition of user interface in paragraph (a), the description of a service in subsection (8) includes such services provided by means of apparatus.””Member’s explanatory statement
This amendment seeks to secure that OFCOM’s Code of Practice for Electronic Programme Guides (EPGs) gives EPGs prominence. Subsection (8A) defines a user interface as an EPG that – in addition to a traditional linear EPG –includes access to EPGs. This definition would include the means of accessing EPGs, such as remote controls. This amendment requires one short consequential amendment to the definition of “television licensable content service” in section 232 of the Communications Act 2003.

[Baroness Grey-Thompson (CB)]

My Lords, I will speak to Amendments 42, 50 and 51 in this group. I again draw your Lordships’ attention to my registered interests.

The UK’s public service broadcasters—the BBC, ITV, Channel 4 and Channel 5—and national broadcasters S4C, STV, and MG Alba, play an essential cultural, economic and social role, supporting British democratic values and underpinning the UK’s creative economy. They produce high-quality, distinctive content, informing, educating and entertaining audiences across the UK. Audiences support this. Seven in 10 UK adults want to see UK life and culture represented on screen. A similar number think that PSBs deliver well on programmes made for UK audiences. Six hours and nine minutes is spent watching BBC TV/iPlayer on average per person per week, which is more than Netflix, Disney+ and Amazon Prime Video combined.

Currently, prominence is one of the main regulatory benefits provided to the PSBs, but the existing regime has not kept pace with technological change. It applies only to linear channels—for example, BBC One—delivered through the channel menu, also known as the electronic programme guide or EPG. The Media Bill updates the rules so that they will apply not just to PSB linear channels but to on-demand services such as BBC iPlayer. This is hugely welcome, but there is further opportunity to ensure that PSB prominence arrangements are future-proofed and watertight, protecting access to the content that people love and enjoy for future generations.

Amendment 42 is on the prominence of the EPG. While the Media Bill seeks to ensure that PSB on-demand services will appear prominently on regulated TV platforms, and PSB linear services within the EPG will continue to benefit from the existing prominence regime, there are no protections for the EPG itself. A growing number of IP-only households watch videos via a broadband connection. This is expected to exceed 50% of total households by the end of this decade. All this has led to more people watching content on demand. It does not mean the end of linear, which remains the single biggest way that people watch video content and delivers 82% of audiences’ consumption of BBC TV content. The familiarity of linear TV will continue to make it a popular discovery route for audiences, even as they move away from digital terrestrial television.

The PSBs have responded to the continuing need for live TV by investing in an online linear solution freely, but linear TV is being eroded. The EPG has been downgraded within TV user interfaces and the linear schedule hidden away. This comes at the expense of PSB. In internet-only homes, without a linear programme guide, the BBC gets just 22% of our normal consumption. The current rules do not enable Ofcom to support audiences by safeguarding this popular and familiar way of watching TV. The Government should use the Media Bill to update the Communications Act 2003 to safeguard linear TV, an important and familiar viewing route. This would also support audiences as the digital transition continues. The amendment would require Ofcom to give the EPG itself the degree of prominence that it considers appropriate. This is in keeping with the existing linear prominence framework, with high-level legislation underpinned by Ofcom guidance and codes. This is a flexible and future-proofed approach.

Amendments 50 and 51 concern the definition of “appropriate prominence”. The Media Bill gives PSB on-demands appropriate prominence but does not define what this means, leaving it open to interpretation. Ofcom will be the regulator of the prominence regime and sufficient direction and clarity about the outcomes that Parliament wishes to see is crucial in order to allow Ofcom to implement the rules robustly. As recommended by the CMS Select Committee, the PSBs should receive “significant” rather than “appropriate” prominence. The best way to secure this is for the Bill to set out explicitly what “appropriate” means. A further amendment to the Media Bill should also set out more concretely the areas of Ofcom guidance that the application of appropriate prominence should cover: for example, search, recommendations and personalisation, acting as a further safeguard. I beg to move.

[Baroness Featherstone (LD)]

My Lords, Amendments 46 and 47 are in my name and that of the noble Baroness, Lady Bonham-Carter. We had a bit of a knock-around on “prominence” at Second Reading—was it “appropriate”, “significant” or, as the right reverend Prelate ventured, neither? Indeed, he was right; the word itself should be enough, for the Oxford English dictionary defines it as

“the state of being important, well known, or easy to notice”.

We want the PSBs, on any screen that offers choices between PSBs and streamers, to be important, well-known, and very easy to notice. It is vital, as commercial operators do not always want us to choose the PSB, because their gods are commercial. As we know, things can get very small and difficult on-screen when customers choosing it means less income—think about how hard it is to find that tiny “unsubscribe” notice when we want to get out of emails from some commercial arrangement we no longer want. It is not in commercial entities’ interests to make life easy for us; that is why we have to mandate and prescribe “prominence”. We on these Benches do not believe it is sufficient to leave it to Ofcom to define. I have heard the arguments about “appropriate” being perfectly adequate, and we beg to disagree.

For clarity, I am trying to get across that we on these Benches believe that prominence must be defined in legislation to guide Ofcom, and not be left open-ended for it. That definition should be crystal clear: that in every and any situation where channel choice is being offered, the PSB logo or whatever should be of equal or greater prominence to any other choice offered on the electronic programme guides.

The dangers of not specifying what prominence means or seeks to achieve in the Bill could include a loss of funding. PSBs often rely on public funding or subsidies to fulfil their mandate of providing programming that serves the public interest; without prominence, they may struggle to attract viewership and advertising revenue, leading to financial difficulties that could jeopardise their ability to produce the sort of high-quality content we want them to. PSBs may find it challenging to reach a wide audience, particularly in a crowded media landscape where viewers have numerous options for their entertainment; that could lead to a decline in their influence and relevance, making it harder for them to fulfil their role as a source of impartial news, educational programming and cultural content.

The public service mandate could be undermined, as PSBs are tasked with providing programming that serves the public interest, including news, current affairs and educational content. Without prominence, they may struggle, and their content may be overshadowed by commercial broadcasters or streaming services prioritising profit. It could also be a threat to media diversity and cause a loss of trust and accountability. Lastly, if public service broadcasters are not given prominence in a democratic society, there are issues around this that could arise: an erosion of media pluralism, a threat to freedom of information, diminished public discourse, a loss of accountability, and the undermining of democratic values, social cohesion, education and lifelong learning, and cultural preservation.

As this is a probing amendment, I encourage the Minister to think about bringing back his own amendment as an instruction to Ofcom in dealing with prominence, to say that, however it writes it regulations, PSBs must have equal or greater prominence than any other offer on the screen.

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Overall, we believe the current drafting of this new prominence framework works and that it strikes the right balance. This is testament to the extensive engagement we have carried out during its development, following its publication in draft and the pre-legislative scrutiny that the Bill received from the Culture, Media and Sport Select Committee in the other place. We have listened to interested parties and very consciously made changes to the Bill before introduction where necessary. For those reasons, I am not able to accept Amendments 42, 46, 47, 50 and 51, but I am grateful for the opportunity to set out again today the reasons for that and the changes we have made in developing the Bill.

[Baroness Grey-Thompson (CB)]

My Lords, I thank all noble Lords who spoke on this grouping. I also thank the right reverend Prelate the Bishop of Leeds for giving us a different set of words we can use. I am sorry my noble friend Lord Colville is not in his place; I am merely an occasional TV and radio presenter as opposed to someone who works in the industry. “Appropriate” and “significant” are part of the language of the media, which is rather like the language of your Lordships’ Chamber; it is quite subtle and not always easily understood by people who work elsewhere.

I also thank the number of broadcasters that got in touch with me once I had tabled the amendments, particularly ITV, which spent some time with me pointing out why it did not think my amendment would necessarily work. It is not opposed to strengthening the language to “significant” prominence, and none of us wants any unintended consequences from these amendments, but strengthening that might be something to look at. No doubt the strength of the regime will depend on Ofcom’s implementation regardless of the change. There is plenty more to discuss on finding the right terminology for this. I am slightly disappointed but not surprised that my enthusiasm for these amendments is not shared by the Minister, but I am likely to come back again at the next stage. With that in mind, I beg leave to withdraw my amendment.

Amendment 42 withdrawn.