Media Bill

Miriam Cates Excerpts

Report stage
Tuesday 30th January 2024 Commons Chamber

[Hywel Williams]

I can indeed recommend that production for anybody to have a look at; it is very interesting. I can also recommend the biography of Gwynfor Evans, which makes similar points.

The media industry in Wales is more than S4C. We have fantastic production companies, including Cwmni Da in my constituency, news outlets and radio—all kinds of things. The proposed authority would unite the media landscape in Wales under one regulatory roof and safeguard it from harms, including from large conglomerates. It would also focus on areas that are important to the people of Wales. The Labour Welsh Government’s expert panel on a shadow broadcasting and communications authority for Wales proposed that public interest journalism, sports and children’s media be areas of specific focus due to their cultural significance, position in relation to Welsh language ambitions and impact on long-term sustainability, among other reasons. The Welsh Government therefore propose a shadow broadcasting and communications authority for Wales. I look to those on the Labour Front Bench, as potentially the next Government, to give us reassurance that it is their intention to establish that authority, as well as the intention of the Welsh Labour Government in Cardiff.

Wales needs to have a say on its own media landscape to ensure that what works for us is what we get. Prominent commentators such as Professor Tom O’Malley and Mike Birtwistle have said that S4C should be built on shared principles of social partnership, public interest and democratic pluralism; that is, as they say, the Welsh political tradition. An independent regulator for Wales would be better equipped to regulate, defend and promote our national broadcasting and media industry in Wales and ensure that those values are represented. That is my argument in favour of a broadcasting authority.

I will say a few words on the prominence of S4C on the selection services—a point that I also raised in Committee. S4C’s content must be readily discoverable and prominent on television services, but I seek assurances that the “appropriate degree of prominence” will not lead to the limiting of S4C’s coverage to specific audiences, thereby depriving people of a wide range of broadcasts. This language matches that of the electronic programme guides code, which allowed S4C to be on channel 166 on Virgin Media in Wales until 2021. The Government should provide clear principles to guide Ofcom in drawing up the new prominence code, so that public service broadcasters’ designated internet programming services appear prominently and are easily discoverable on screens.

[Miriam Cates (Penistone and Stocksbridge) (Con)]

I rise to support new clause 6 and amendment 17, both in my name. The Bill is a substantial piece of legislation and I fully support what the Government are seeking to do through it to bridge the gap in regulation between linear television and internet-based on-demand platforms.

Nobody would argue against the principle that we want to protect children from watching age-inappropriate or harmful content. That is, after all, why Parliament over many years has brought in legislation that mandates age ratings on cinema releases, restrictions on children buying DVDs and videos and, importantly, until the relatively recent past, a watershed for broadcast TV. The watershed, of course, ensures that programmes broadcast before 9 pm are generally suitable for children.

However, now that the vast majority of content watched by children and adults is accessed through on-demand streaming services, the watershed has become increasingly redundant. It does not matter if a programme was originally broadcast live after the watershed; once it is available to stream online, it can be viewed by anyone of any age at any time. That is why we urgently need to apply the same standards of child protection to on-demand video as we do to cinema releases, physical DVDs and linear TV.

While a time-based watershed clearly cannot be adapted for video on demand services, we are very fortunate in this country to have world-class expertise in applying age ratings to video content. The British Board of Film Classification has been empowered by Parliament, through the Secretary of State, to apply age ratings across all cinema and DVD releases in the UK. The BBFC does an excellent job of this, as colleagues have mentioned, and is a global leader in its field. It has produced a system of age ratings that the vast majority of the British population recognises, trusts and understands. Importantly, its ratings are based on regular consultation with thousands of people across Britain to ensure that they meet audience expectations.

We have the relevant age rating expertise already in this country, but as it stands, the Bill will not make use of that expertise. Amendment 17 would address this matter very simply by explicitly requiring Ofcom to consult the BBFC when drawing up the video on demand code. The code will set the rules for streaming platforms, including in relation to age ratings. Why would we not want to ensure that our world-renowned, Government-appointed experts are consulted as part of that?

There was a similar amendment to the Online Safety Act 2023 that required Ofcom to consult with the Children’s Commissioner, and I can see no argument against applying the same principle here. Getting age ratings right is incredibly important, as they will likely become one of the main audience protection measures that platforms employ and will, of course, future-proof the Bill. If parents do not trust the ratings, they will ignore them, and we will then not achieve our aim of protecting children.

That brings me to new clause 6 in my name, which is similar to the amendment tabled by my hon. Friend the Member for South West Devon (Sir Gary Streeter), and I will reiterate some of his points.

[Kit Malthouse]

I am very supportive of the theme of my hon. Friend’s amendment. She made an extremely important point about consistency for parents. Those of us who are lucky enough to have children find ourselves in a forest of different media that they consume, some of which seem to decide the rules and ratings on their own—of course, there are websites to go to for third-party reference. Does she agree that it would be sensible to have a standardised view for parents, to manage consumption by their children, as it is the parents’ primary duty to manage that? We have seen in the past that the wider media industry will constantly push the boundary to try to get more under the wire for consumption by younger and younger people, such as in the deterioration of the watershed on terrestrial television. If an organisation such as the BBFC sets the tone and the standard, that must apply online as much as offline.

[Miriam Cates]

I agree with every word. The very important factor behind the BBFC is that parents trust it. It even has an app to search for any film or DVD, and it will tell parents not only the rating but exactly why it is there—swearing, violence or whatever. That detailed knowledge is crucial not only to gain parents’ trust but to create an industry standard, as my right hon. Friend said. If we have no industry standard, some companies will try to get around the requirements if there is a commercial advantage. The Bill should set out exactly that.

--- Later in debate ---

[Miriam Cates]

That is precisely what the Bill will do: it will introduce a different system. At present Ofcom is responsible for regulating the public service broadcasters, which it does through the watershed, and the BBFC is responsible for DVDs and cinema. We now have a completely new landscape which resembles the DVD landscape much more closely because it is available on demand. It is therefore sensible to introduce an age-rating system based roughly on what the BBFC does, because the BBFC, not Ofcom, is the expert in that field.

[Damian Green]

I fear that we may go down a rabbit hole. Ofcom is the expert in that field, but the system is based on film classification. The age-rating system is designed for a situation where a person goes through a door and someone makes a guess whether that person was 16 or 18 or 12, for instance.

[Miriam Cates]

Will my right hon. Friend give way again?

[Damian Green]

I will give my hon. Friend one more go.

[Miriam Cates]

I take my right hon. Friend’s point. However, the BBFC classifies not just films but items that are streamed directly and never released in cinemas by tagging every rateable incident, such as a swear word or an episode of violence, and uses that system to come up with a verifiable, standardised rating that everyone understands. It is exactly the same process as the one that is used to verify a video on demand, and it is what Netflix already uses to rate its own videos.

[Damian Green]

Netflix uses it, but, as my hon. Friend herself said earlier, Disney does not. There will of course be differences. I think that overregulating will just lead to disadvantages for people who are trying to produce content, and that insisting on one system that is partly designed for one mode of operation may well not work for another operation. If Ofcom does its job effectively it will achieve what we all want to see, which is age-inappropriate content not being available to children. As I have said, involving more than one regulator normally leads to confusion and worse regulation than would have existed otherwise.