News Broadcasting: Regulation

Lord Parkinson of Whitley Bay Excerpts

Thursday 14th March 2024 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, I too thank the noble Lord, Lord McNally, for securing today’s debate and join in the commendation paid to him on his role in the Communications Act 2003 and the important work that it ushered in for the regulation of our media and broadcasting landscape over the last two decades. This is an important issue that he has been involved in not just for those 20 years but before as well. I agree with him that the issues that he puts before your Lordships’ House today are as important today as they have ever been. They are timely, too, with our debates that are taking place on the Media Bill.

We are very proud of the UK’s world-renowned broadcasting sector, through which British-made programmes are enjoyed by audiences both at home and across the globe. The regulatory framework that underpins that landscape is also looked to internationally as the gold standard for proportionate, fair and independent regulation. It is that framework which means that UK audiences know that they will be appropriately protected from harm and that they are able to complain to the independent regulator, Ofcom, if they have concerns.

Quality broadcast news has a long and proud history in this country and is an essential element of our media landscape. It supports our global reputation as the home of outstanding news journalism. Our regulatory system for broadcasting, put in place by Parliament, supports this. It ensures that audiences can encounter a diverse array of voices and perspectives, just as we have had in this short debate, and that they have access to fair and balanced sources of news. That is particularly important when we consider the influence that broadcast news can have on those who watch it, and the huge reach of TV content across the UK.

Recent Ofcom research shows that broadcast television is the most used platform for news content, watched by 70% of all adults in the UK. UK audiences also consistently rate television news as more accurate and trustworthy compared to other sources of news such as social media. The significant place that broadcast news has in our television and news landscape is what makes its regulation, and indeed debates like this, so important.

The Government are strongly committed to a pluralistic media. It is essential that audiences are able to access news from a range of sources, not just broadcast news, to allow them to form opinions in a considered and nuanced way. There is an important balance to be struck here to ensure that the protections in place for audiences are strong and effective but that those do not have an undue impact on the UK’s free and independent media, on which we rightly pride ourselves.

I agree with the noble Baroness, Lady Bennett of Manor Castle, that it is important to arm those who consume our news with the critical thinking skills that they can get from learning subjects at school such as history, art and English literature. That is an issue that we discussed on the Online Safety Act and which we are looking at as we work on our cultural education plan. It is important to equip future generations to consume the news in a critical and thinking way.

It is in the context of a free and independent media that we consider Ofcom as the regulator of broadcast news content. Ofcom’s independence is an underlying principle of its function, and by law it carries out its duties independently of the Government. Ofcom is accountable to Parliament, with its duties and enforcement powers set out in statute, and we are confident that it has the resources it needs to carry out its important job.

As noble Lords are aware, Ofcom is required by legislation to draw up and enforce a Broadcasting Code for television and radio to ensure that audiences are adequately protected from harm. The code sets out rules so that these protections for audiences, including rules specifically to protect children, ensure that audiences are protected from harmful or offensive material and that broadcast news, in whatever form, is reported with due accuracy and impartiality. Ofcom regulates programmes as broadcast against the code. It is for Ofcom to determine whether there has been a breach of the code and whether to take any action.

The noble Lord, Lord McNally, and others raised the comments made earlier this month made by the head of Ofcom, Dame Melanie Dawes. Ofcom has been clear that its rules requiring due impartiality apply equally to all broadcasters. Under its code, Ofcom takes into account a range of factors when considering complaints, including the nature of the subject, the type of programme and channel, and the likely expectation of the audience regarding the content.

Importantly, in making any decision, Ofcom is required by legislation to strike a balance between ensuring an appropriate level of freedom of expression and adequate protections for audiences from harmful material. There are a number of sanctions available to Ofcom where a breach of the code has been found, as the noble Baroness, Lady Jones of Whitchurch, said. This includes levelling a fine and, in extreme cases, amending or revoking a broadcaster’s licence to broadcast, as has been done.

The Government consider that the enforcement powers given to Ofcom are appropriate and sufficient to provide a deterrent to organisations from breaching the rules. There are numerous examples of Ofcom using these enforcement measures to ensure that Broadcasting Code rules are upheld. It is rightly for Ofcom to determine the timing of its investigations and what sanctions, if any, are appropriate. While I understand the concerns raised by noble Lords about the length of time this can take, I hope they would also agree that it is important that Ofcom follows the requirements in legislation to make careful and nuanced judgments, and to take the time to do that and hear representations from all parties concerned.

Ofcom also has a duty to keep the Broadcasting Code under continual review. This is to ensure that the code remains up to date and continues to reflect the current viewing and broadcasting landscape. In this way, the regulatory framework is designed so that Ofcom can ensure that its regulation of content can adapt to the shifts in technology and audience expectations that we see in broadcasting today.

I will also touch on the regulation of the providers of news broadcasting, rather than just the content that appears on these channels, as I have discussed so far. Ofcom has an ongoing duty to be satisfied that the person holding a broadcasting licence is fit and proper to hold it. If any evidence came to light and Ofcom ceased to be satisfied that a licensee was fit and proper, Ofcom would move to revoke that licence, as it has in the past.

I also recognise the vital work of the Communications and Digital Committee of your Lordships’ House, expertly chaired by my noble friend Lady Stowell of Beeston, and of which the noble Lord, Lord McNally, is a valued member. The committee is currently undertaking an inquiry into the future of news, which recognises the challenges faced by news providers in the current landscape, where we are seeing new technology, shifts in the ways that audiences access information, and concerns about trust and impartiality. This is a very important and complex topic, and one that is essential to consider if we are to face these challenges head on and work to maintain the delivery of trustworthy and well-respected news media in this country. My department has submitted written evidence to the committee on this subject, which I hope will be of use to it in the inquiry. We look forward to its report and the recommendations it may have.

With renewed thanks to the noble Lord, Lord McNally, for the opportunity to discuss the debates today and recognising that we will continue many of them in our deliberation on the Media Bill, I thank him for bringing forward this Question for Short Debate.