Television Advertising: Communications Committee Report

Lord Macdonald of Tradeston Excerpts

Thursday 3rd November 2011 Lords Chamber

[Lord Macdonald of Tradeston]

My Lords, I speak as a member of your Lordships’ Select Committee on Communications and as a veteran of 30 years in the advertising-funded side of public service broadcasting in ITV, Granada and Scottish Television, alongside six years moonlighting on-screen for Channel 4 in the 1980s. I, therefore, vigorously applaud the sentiments expressed by the noble Lord, Lord Fellowes.

I moved on from ITV in 1998, and since then the network has changed a lot. The old network structure of 15 independent regional companies has consolidated into ITV plc, based in London, and only Scottish and Ulster television are still independent.

The issue of contract rights renewal being debated today is a product of the most significant merger to create today’s ITV plc—the merger of Granada and Carlton Television in 2003. The CRR regime in all its complexity was introduced to stop the merged ITV from abusing its powerful position in the advertising market. We did not find any evidence of attempts to abuse that position in the years since. Over the past eight years, many new channels have offered advertisers niche options if they have problems buying airtime on ITV. For advertisers, targeting specific groups of potential customers has become much more economical. Over the same period, a significant proportion of UK advertising has been switched on to the internet. The internet advertising market has just overtaken television advertising spend for the first time, as advertisers spent £2.3 billion on internet advertising in the first half of this year alone, up 14 per cent year on year. By contrast, the forecast for ITV earnings is not too encouraging, falling along with confidence in the economy.

The Select Committee examined the relationship between ITV, media buyers and advertisers, and airtime trading mechanisms are complex and opaque, as has been said. We recommended a short inquiry by an impartial group of industry experts into the system. Our concerns about this operation prompted Ofcom to launch its own review of the way television advertising is traded, as our chairman said. I would be grateful if the Minister could update us on Ofcom’s progress, when it is expected to report, and whether it will report in time to influence trading before the next communications Bill comes to your Lordships’ House; or will all the committee’s concerns be rolled into that legislative process that presumably starts with a Green Paper next year?

Given all the debates and reviews about the contract rights renewal mechanism over the years, it is something of a surprise that the value put on CRR is only between £30 million and £55 million a year, which is a small percentage of a total UK advertising spend of between £8 billion and £9 billion—much less than 1 per cent by my count. If that was spread across corporate advertising budgets, the queues at supermarket checkouts would remain calm. When customers got home and turned into viewers, they might welcome seeing the improved ITV programme that CRR money might put on their screens. As the noble Lord, Lord Clement-Jones, said, it might be a 5 per cent boost to ITV’s programme spend of around £1 billion. I say “might” because ITV could use the extra revenue to enhance dividends for shareholders but, to thwart that, our committee linked the removal of CRR to undertakings that would be required of ITV to put the money on the screen.

Given the nine months since we published our report, it now seems more likely that the spending of any post-CRR gains would be left to the discretion of the management. ITV’s chairman, Archie Norman, complained that the CRR mechanism helped drive a “ratings rat-race”. ITV does seem to be committed to improving its schedule with quality, popular programming. In the first half of this year, ITV launched eight of the 10 most popular new dramas on television, and the second series of “Downton Abbey” has held its huge audience—despite complaints of the advertising breaks being too long.

I support the removal of CRR primarily to encourage more investment in ITV programme production. If ITV gets CRR removed and any unprincipled diversion of that gain can be identified, the danger will be of reputational damage. That would be a real risk. It is probably the most feasible incentive that we will eventually come to rely on—but I hope that I am wrong.

I do not wish to seem pessimistic, but after reading the Government's response to our report, I think that the long grass beckons for our recommendation that the amount of advertising permitted per hour should be harmonised across all channels. I cannot conceal some sympathy for the arguments put forward by my noble friend Lord Lipsey. The government response batted the recommendations on to Ofcom—but we should not hold our breath for that report. My political judgment, for what it is worth, is that if the hundreds of satellite and cable channels lose revenue to a more competitive post-CRR ITV, I doubt that the Government would want to see the sector hit again by a reduction in its advertising minutage. As I said, I have sympathy for the arguments of my noble friend, but in the world to come it will be for viewers to zip through fast and for companies to decide their own minutage.

Another smaller but for me more important interest must be the independent licensees. Scottish Television and Ulster TV must still be protected. Both exist on channel 3 alongside ITV plc. Together, the two of them make up just a small percentage of ITV's advertising revenue. Their airtime is sold largely by ITV's sales house under another arrangement that was put in place in 2003. The undertakings inhibit ITV plc from flexing the rates on its digital channels—ITV2, ITV3 and ITV4—to the detriment of the sales income of channel 3 proper, better known as ITV1, on which Scottish and Ulster depend. These undertakings are covered by airtime sales rules. Removing CRR would give an incentive to ITV to bundle together channels and break those sales rules—an incentive that does not exist at present. It will be for Ofcom to ensure that the two unconsolidated companies are dealt with transparently and fairly if CRR is eventually removed. I am sure that the Minister, too, will want to protect the interests of Scotland and Ulster in this regard.

I greatly enjoyed the description by the noble Lord, Lord Patten, of ministerial mystification. Like him, I will make a confession. During my 30 years in ITV I never quite understood the dark art of airtime sales. For that reason, I look forward with great curiosity to Ofcom’s review of the television advertising market. I hope that it will come sooner rather than later. I, too, conclude by paying tribute to our late chairman, the Earl of Onslow, and by thanking our chairman, the noble Lord, Lord Clement-Jones, for his comprehensive and clear introduction to the key concerns of our report.