Sky and 21st Century Fox: Proposed Merger

Lord Lansley Excerpts

Thursday 16th March 2017 Lords Chamber

[Lord Keen of Elie]

I am not going to make any comment that would touch upon the merits of the proposed merger but the European Commission will of course take forward its inquiry into the competition aspects of this merger. My understanding is that the timing of that will fall within the time limit for the present investigation at the instance of the Secretary of State.

[Lord Lansley (Con)]

My Lords, I welcome my noble and learned friend’s Statement. Perhaps I may elaborate on the question relating to the grounds for the intervention notice relating to the commitment to the attainment of broadcasting standards. That relates specifically to the standards as set out under Section 319 of the Communications Act on the content of programming for television and radio services. My noble and learned friend suggested that “commitment” enables one to go much wider on those grounds. However, it relates to the programming of television and radio services. If the question of commitment was raised in relation to something that did not relate to television and radio services, how could it be seen as directly relevant?

[Lord Keen of Elie]

I am obliged to the noble Lord for repeating an inquiry that he made at the time of an earlier Statement on this same issue, with reference to Section 319 of the 2003 Act. It does refer in particular terms to television and radio; however, I stress the use of the term commitment. In determining that more general issue Ofcom is confident—rightly confident, I suggest—that it can have regard to conduct in other areas of media. For example, the way in which a party has conducted its newspaper empire or whatever may be directly relevant, and indeed often will be, to the question of whether it has a genuine commitment to broadcasting standards when it comes to television and radio. I stress “commitment” as being important in this context.