Media Bill

Lord Addington Excerpts

2nd reading
Wednesday 28th February 2024 Lords Chamber

[Lord Addington (LD)]

My Lords, every now and then in this House, you can look down the speakers’ list and think, “I wonder what that person will say”. I looked at the name of the noble Lord, Lord Holmes, and thought how he and I would want to talk about listed events, and access in terms of both disability and technology—I was absolutely right. The noble Lord has done it, and probably better than I will, so noble Lords have saved themselves a couple of minutes of listening time—let us look on the bright side.

I start with the listed events structure. We have them; we have kept them. There will always be some disagreement about what should be included. I do not think that this is the right time to go into that but, certainly in the modern world, as has already been said, you do not just watch an event; you do not even watch a replay. You often watch segments—it does not matter what you call them; you might call them highlights, blocks, teasers, the continuous parts of an event—and these are a part of the normal viewing experience for those people who are not usually watching on television but on another screen, such as a computer or smart device. Unless they are brought into this structure properly, we will in fact be saying that we are getting rid of part of the listed events’ ability to reach everybody. The fact of the matter is that there is general agreement that these are big cultural moments, such as sporting events, which are a big cultural part of our society and should be there.

I hope that the Government will be receptive to strengthening this aspect, so that it goes a little further. The aim is there, but I hope that they will make sure that the whole thing is there in the Bill and that it properly covers the way that we consume this information now. This is what we need to make it mean something.

There are also problems about, for example, the big one—the Olympics. The Paralympics have already been mentioned. With multi-event sports, the structure is difficult and it needs another little look. If we have got it wrong in our concerns, the Minister will be able to tell us and we shall all go away happy. That may happen—we will see. This is something that I think we must guarantee is done properly and that the full effect is taken on board.

When it comes to disability and sport—I remind the House of my declared interest with Microlink PC; it usually operates in the business environment, but we also deal with the technology—just about everything can, fairly cheaply and fairly quickly, have better disability access added to it. It is not difficult any more; you can do it quickly and easily. I hope that the Government will take this opportunity to say, “This is comparatively easy to do; go do it”. There has not been much else raised in this House on that; this is not the big issue that it was last time we discussed it. I think that people will think that some of this is now done. I would expect that all of it could be done without too much cost or too much intervention. That is my suspicion; I may be wrong, but it can be done comparatively easily.

I hope that the Minister will give us assurances that this will become a norm for people. It should be a norm: if you are broadcasting, you make it accessible; you make it as accessible as you can. There is the defence of reasonableness: if something is terribly difficult, maybe we do not do that—yet, but it is coming. I hope that the Minister will be able to engage on that.

I could wax lyrical—shall we say, second-rate lyrical —on some of the broadcasting requirements and genres, but those two issues that I have raised should be enough for the Government to improve the Bill considerably: making sure that everyone can get to it, and that the big sporting and cultural events are universally accessible. I would leave comparatively happy; my noble friends on the Front Bench may not be quite so happy on such a minimal diet, but that is for them to decide. I hope that the Bill goes through and I hope it is improved.

Media Bill

Lord Addington Excerpts

Committee stage
Monday 20th May 2024 Lords Chamber

[Lord Addington (LD)]

My Lords, this is a series of issues around the importance of sporting events being listed as cultural assets. If you do not do it in a way that holds the full panoply of technology as it stands today, you are going to miss out on the principle. As somebody who lost quite a lot of sleep trying to follow the Tokyo Games, et cetera, I am slightly annoyed that I did not add my name to all the amendments from the noble Baroness, Lady Grey-Thompson, on the importance of overnight digital and highlight coverage. Live is usually preferable but you will not be able to see everything. For events that have multiple sports, you should not be able to see everything; it is a chance to see sports you do not otherwise see. It is a chance to see the panoply of sporting events going on.

We really need an undertaking from the Government that they are going to take this seriously. Is it a step back to try to get your video recorder set for the right time? I do not know, but that is the alternative. You either make sure that this is available or you accept that people will miss out. Once you have legislated to say that they do not, you will make sure they do. Can we have an undertaking here? I prefer my amendment to the one from the noble Lord, Lord Bassam, on this, but his amendment certainly would be better than nothing. However, I much prefer the amendment tabled by the noble Baroness, Lady Grey-Thompson.

As to the one on cricket, I wondered whether the enthusiasm of the noble Lord, Lord Bassam, would be containable, and it was not. I think that probably tells you why cricket should be there. Cricket is a major sporting event in this country. When the cricket team does well, the whole country has a lift. It is something unique; it is that bit of cultural capital that we keep. Anybody who doubts that, just go and watch what happens when we do well or badly. It is there; it fits into that structure. Other sports may do it, but I think cricket has a special place in the summer for this. Can the Government undertake to say how we are going to start to address this?

These are genuine issues, raised to make something that the Government have agreed to work. If we can get some firm commitment that they are going to take all these concerns and put them into something solid, I for one will have to withdraw on this; if not, we will be going back to it. We have no real choice. You are talking about sport’s place in our society as a cultural activity and something that touches the whole nation. If we are not going to do this properly, why are we doing it at all?

[Lord Lansley (Con)]

My Lords, I intervene briefly to express my support for Amendment 30 in the name of the noble Baroness, Lady Grey-Thompson. I think she has captured, very importantly, how the character of watching major sporting events has changed over recent years, certainly a great deal since the Communications Act 2003, when I had the pleasure of working with Lord Puttnam and others in another place on that Act—the Standing Committee and the Puttnam commission—back then. Of course, when we are looking at listed events, people were understandably focused on the live coverage in those days because that was predominantly how people watched sporting events. That has changed and we must adapt the structure of the legislation to match that.

I will come on, if I may, to the difference between Amendments 29 and 30. The noble Lord, Lord Bassam, referred kindly to Amendment 30 and I think there are advantages. I note that Amendment 29 somewhat suggests that the noble Lord and the Opposition Front Bench have started to write amendments a bit as a Government in waiting in a way in which we tend to see the Government thinking it a very good idea for Ministers to have the powers to do things however they wish. I think now the Opposition Front Bench wants to have similar sorts of powers—

--- Later in debate ---

[Lord Parkinson of Whitley Bay (Con)]

The House was stunned into silence by the revelation from the right reverend Prelate.

I thank noble Lords for the contributions they have made and the points raised on the other amendments in this group. We, of course, had a bit of a pre-match friendly during our debate on sport led by the noble Lord, Lord Wood of Anfield, on Thursday. Let me start with Amendments 25 and 26 from the noble Baroness, Lady Grey-Thompson.

The Government recognise the intent behind the noble Baroness’s amendments, and I know that she has had concerns about in particular the necessity of the new multisport provisions, whether “adequate live coverage” will meet the mark, and whether public service broadcasters will have the freedom to choose what they cover in the interests of their audiences. Perhaps I may take the opportunity to seek to offer her and other noble Lords reassurance on these questions.

First, on whether these provisions are necessary, the Bill introduces the concept of adequate live coverage for multisport events to ensure that partnerships between broadcasters which deliver for UK audiences can still go ahead in an age where dozens of sporting events can be taking place concurrently. We do not want inadvertently to create a regime which would prevent deals like the one currently in place between Warner Bros. Discovery and the BBC. Expansion of the scope of services covered by the regime to resolve the streaming loophole poses risks to these mutually beneficial partnerships between public service broadcasters and commercial broadcasters for multisport events. That is because the existing requirement for both parties to have the same coverage does not reflect the way that coverage is actually shared between them across different types of services.

There is no intention to weaken the public service broadcasters’ hand in negotiations, simply to ensure that partnerships between them and commercial broadcasters can function effectively to deliver the best outcomes for audiences and rights holders.

On whether “adequate live coverage” will hit the mark for audiences, it will be for Ofcom to make new regulations setting out what will be considered adequate. Following scrutiny and debate in another place, the Government amended to the Bill to set out the matters that Ofcom must take into account when defining adequate live coverage in its regulations. This is an example of Parliament giving direction to the regulator through legislation. This includes the forms of live coverage that would satisfy the interests of the public, and the desirability of facilitating arrangements which result in live coverage of listed events being shown on both public service and non-public service broadcasters.

To protect audiences’ interests, and in keeping with deals we have seen before, any partnership of this nature will require at least two live broadcasts on public service broadcasters. Ofcom is given the power to require more than two streams if it deems it necessary or appropriate, and it could also set requirements regarding the percentage of coverage or other considerations.

Finally, I think the noble Baroness, like me and others who have spoken, believes that it is vital that public service broadcasters continue to have the flexibility and editorial freedom to show the most incredible moments of these multisport events to public audiences. I reassure her and other noble Lords that the Bill enables Ofcom to require that “adequate live coverage” must allow the broadcaster involved to select what parts of the proceedings it wishes to show. It is vital that public service broadcasters maintain complete editorial control of live broadcasts when they enter partnerships so that they have the freedom to make decisions about what events to screen for the British public, and the Bill makes provisions for this.

For those reasons, I do not think that we need the amendments the noble Baroness has brought before us. However, I hope my words have provided reassurance about the checks and balances in place to deliver for audiences in the way she seeks.

[Lord Addington (LD)]

Is the Minister, in effect, saying that he is convinced that, under the current regime, catch up and clips will continue to be available, certainly when multiple sports are happening at different times? Will we get slightly better guidance on that? Will it be available for us to look it up and check on it—certainly before the next stage of this Bill?

[Lord Parkinson of Whitley Bay (Con)]

Yes, the Bill caters for the concerns that have been set out, but I will happily discuss that further with the noble Lord if on reflection he disagrees with the reasons I have set out.

I turn now to the noble Lord’s Amendment 31. The Government are keen to ensure that sporting events are made available to the public as widely as possible. That is why we have the listed events regime. We acknowledge the interest that fans have in watching the sports teams of our home nations compete. As noble Lords will appreciate, however, sports rights holders use income from the sale of broadcast rights for the benefit of the sporting sector more generally, so it is important that the regime continues to strike the right balance between accessibility and the ability of sporting organisations to generate revenues which they can invest in their sports at all levels.

The Government believe that the current list of events works to deliver the best outcome and strikes an appropriate balance. We therefore have no plans to review the list at this time. I know that will disappoint the noble Lord, Lord Addington, but it is why I cannot accept his Amendment 31.

The noble Lord, Lord Bassam, asked me to say a bit more about Amendment 19. We have taken the opportunity, as recommended during the pre-legislative scrutiny process for the Bill, to take steps to ensure that the streamer loophole is closed. This was a major flaw in the current regime which allowed for unregulated online services to acquire listed sports rights, while leaving Ofcom powerless to do anything. The current drafting therefore ensures that all TV-like services providing live content to UK audiences are in scope of the regime. Amendment 19, and Amendments 20 to 22, are technical amendments to future-proof the regime by closing off an opportunity for non-public service broadcaster services to qualify through the back door. The amendments tie qualification for the listed events regime to the way in which qualification for prominence is decided.

Media Bill

Lord Addington Excerpts

Report stage & 3rd reading
Thursday 23rd May 2024 Lords Chamber

[Lord Addington (LD)]

My Lords, I will speak briefly to my Amendment 7. The listed events regime is something that we all agree should happen—for sporting events and events of national importance. This amendment, initially moved by the noble Baroness, Lady Grey-Thompson, is an attempt to make sure that in the current viewing world, they are still relevant in the way that they should be. Not everybody watches these listed events on an ordinary television and, if you do, you may be watching on internet television. One of the joys of this is that you have highlights and replays and can watch out of sync. I would hope in this modern world that those are guaranteed, because if you do not guarantee that these sporting cultural assets, which the nation has said should be available to everyone and there is cross-party consensus on, are made available for free then you are going to take them away.

Also, if there is any danger of these highlights being taken away—when it comes to the Olympics, for example, determined as I am, even I cannot watch 15 events at once, especially not at various times—we must make sure that they are readily available. This is the second go at this. I hope that the Minister can give us a definitive reassurance that we will have this available to us now, in this Bill, because if not, the Government have thrown away, in effect, half the listed events.

[Lord Watson of Wyre Forest (Lab)]

My Lords, I rise to support Amendment 1 and to echo some of the concerns raised by the noble Baroness, Lady Benjamin, in her Amendment 8. It is a very great honour to speak to her amendment. I congratulate her on her very important recognition with her BAFTA award last week. She has been a tireless campaigner for children’s television, which is why these two amendments are perhaps the most important that we are discussing today.

To put at the heart of the Bill the notion of public service broadcasting and to modernise it for the digital age should surely be what we are trying to achieve today. I am a member of probably the first generation of comprehensive school children who were taught using terrestrial colour television—creative programmes such as “Words and Pictures” and—dare I say it?—“Play School”. I still remember “magic e” when I write speeches for the Lords. What is sitting here is a failure to realise that we are the generation that lived in information scarcity and our children are swimming in an ocean of information abundance. That notion at the heart of public service broadcasting—good, thorough content creation that is age-appropriate and relevant to the educational journey that we ask our children and their families to go on—is what we should be addressing.

I hope that all Front-Benchers will be able to take the comments made by the movers of those amendments very seriously when they respond to the debate.