Media Bill

Rob Butler Excerpts

2nd reading
Tuesday 21st November 2023 Commons Chamber

[Rob Butler (Aylesbury) (Con)]

I am delighted to see this Bill before the House today. It has been a long time coming, and its arrival is extremely welcome.

From a very young age, I wanted to be a broadcaster. So committed was I to this goal that I wrote to BBC Radio Oxford at the tender age of 15, and complained that it did not produce any programmes for teenagers. Somewhat to my surprise, it told me to put my money where my mouth was, and invited me to go in and make them myself. My first series covered such weighty topics as spots and school dinners; life as a teenager was rather more naive in that long ago era.

After university, I joined the BBC full time in its news and current affairs department, working as a reporter, presenter and producer. As the Spice Girls, in a blaze of colour, heralded the launch of Channel 5 in 1997, I perched on the newsroom desk to prove that current affairs did not have to be stuffy and boring. Indeed, so keen were we to be modern and relevant that I was even allowed to have a cameo as a newscaster in “Shaun of the Dead”. There being no greater possible pinnacle of an on-air career, I then moved behind the scenes to work as an adviser to ITV for several years.

I recount this biography not as an application to make a late appearance on the new series of “I’m a Celebrity”—I feel these Benches have provided enough victims of that recently—but to show that I have been lucky enough to have some experience of the subject matter, and perhaps more importantly, to illustrate the wide range of the country’s public service broadcasting landscape. All the broadcasters I have mentioned—the BBC, Channel 5 and ITV—have in common that they are PSBs, and it is on them that I wish to devote most of my remarks.

Public service broadcasting is not just about news and current affairs, crucial though they are; it is about reflecting all parts of our country, not just the metropolitan elites, not just London—and, indeed, not just England, as we have heard from our colleagues in the Scottish National party. It is also about showing programmes that do not just have an immediate commercial rationale. As one example, I think Channel 5’s commitment to children’s programming is commendable, and its recent commission of an animated series with disabled lead characters for pre-school children is incredibly important.

As the Government themselves have stated, this Bill will

“reform the legal framework for the regulation of public service broadcasting”,

and there can be no doubt that this is sorely needed, because the media and entertainment landscape, as we have heard several times, has changed almost beyond recognition over the past 20 years. My right hon. Friend the Member for Ashford (Damian Green) and my hon. Friends the Members for Folkestone and Hythe (Damian Collins) and for Gosport (Dame Caroline Dinenage) have touched on some of the circumstances we faced in 2003, such as watching analogue TV, Netflix still posting DVDs to its customers and Blockbuster Video still existing on our high streets. YouTube, iPhones and Twitter had not been invented, yet they are the ways in which we watch much of our content these days.

Let me add some other cultural memories of that year. Jemini—with a J—scored “nul points” at Eurovision, Cilla Black quit “Blind Date” live on air and Jonny Wilkinson scored a last-minute drop goal that won the Rugby world cup and the nation’s hearts. That same year, 2003, more than 19 million viewers were glued to their screens as the “Coronation Street” serial killer Richard Hillman abducted the Platts and drove the family into the canal. It was must-watch TV the length and breadth of the country. However, those TV audience numbers for drama could only be dreamt of today. Indeed, the entire TV landscape is almost unrecognisable, thanks to rapid developments in technology that have in turn brought about fundamental changes in viewing habits. Today, 75% of households have an on-demand streaming service, and according to Ofcom, 90% of 18 to 24-year-old adults bypass TV channels and head straight to streaming, on-demand and social video services when they are looking for something to watch.

While the likes of Netflix, Prime and Disney offer a panoply of great programming, they are not bound by the requirements on our public service broadcasters—the BBC, ITV, Channel 4 and Channel 5. The responsibility that PSBs bear to present socially valuable content carries a burden, and it is only right that that is reflected in the regulatory regime. Key to achieving that is ensuring due prominence for PSBs on whatever device. At its simplest, there is no value in having high quality, publicly important programming if viewers cannot find it quickly and easily, yet that is increasingly the risk with the market as it is today.

We are all familiar with the shift away from an on-screen list of TV programmes—electronic programme guides—to a set of tiles along the bottom of our screens, but whereas the lowest numbers on an old EPG could easily be reserved for the PSBs, the tiles can be set in pretty much any order. Inevitably, those linked to the highest paying providers of content, or otherwise prioritised, are frequently the first to be seen. It can take many clicks on the remote to get to the smaller PSBs: Channels 4 and 5.

I strongly welcome the Government’s provisions on the new online prominence regime, and I agree with ITV that a “clear mandate” must be

“given to Ofcom for a muscular implementation of the Bill…on terms that enable PSBs to flourish and deliver their remits.”

I would be grateful if the Minister set out in a little more detail how he envisages Ofcom implementing the new regime, and said whether he supports the regulator taking a bold stance to ensure that global companies comply with our decisions in Parliament for an appropriate level of prominence for our PSBs.

I would also be grateful for reassurance that a secondary power to designate platforms will be cast as broadly as necessary to achieve the aims of Bill. For example, that could potentially include gaming consoles, which I understand from much younger colleagues are often used to access PSB content. This is not just about watching the box in the corner of the room. The requirement to give PSBs prominence cannot become a licence to print money by the platforms carrying them, so I welcome the Bill’s proposals for a must-offer, must-carry regime, with an arbitration scheme as a backstop.

The other side of the coin is that the privilege of prominence carries with it a duty, and nowhere more so than at the BBC. It must do better if it is to retain its hallowed position as the most prominent and privileged of the PSBs, because it is funded by all of us through the licence fee. I have said before that I believe that that funding method is living on borrowed time; it is an anachronistic and frankly regressive tax. During my 12 years as a magistrate, I saw the painful impact, particularly on some women, of the draconian measures that are taken against those who cannot afford to pay that licence. Although the future of the licence fee is not part of today’s debate, the funding model puts additional and serious duties on the BBC as a PSB.

I fear that the BBC is no longer the organisation that I joined more than 30 years ago. We are all familiar with the growing torrent of criticism, not least of aspects of its coverage of the middle east crisis. Although there are undoubtedly some phenomenally good and brave journalists in the field, there have also been some appalling and inexcusable lapses in the BBC’s reporting. Responsibility for that must go to the very top of the newsroom, and it must always be remembered that the facts are far more important than a juicy headline. I fear that if it is not careful, BBC Verify will have to start scrutinising its own newsroom, and that was not the idea of it in the first place.

[Sir Peter Bottomley]

Leaving aside the newsroom, when pensioners started paying the licence fee again, I had a large number of them in my constituency. Three of them made contact with me, one of whom objected, and two of whom were trying to pay in an old-fashioned way that the BBC’s agents could not cope with. That shows that the licence subscription system works pretty well and is welcomed. I say to my hon. Friend that if we had the alternative to the licence fee, or some other kind of household impost, we would have a subscription where the BBC stops serving everyone in the country, and starts serving those who choose to pay. As it is a national institution, we still face the question put by the Canadian, Graham Spry, nearly 100 years ago:

“It is a choice between the state and the United States.”

Let us choose the state and make it a public broadcaster still.

[Rob Butler]

I thank the Father of the House for his intervention. He raises important points, which is why we will need to have a long and detailed debate on the future of the licence fee at another time. I chose my words relatively carefully in saying that I hoped the licence fee was living on borrowed time, rather than saying that the end must come immediately. My hon. Friend raises points that will have to be addressed before we move to another system, but I personally feel that the current model is not sustainable in the medium to long term.

It is not just me who has raised concerns about the BBC. According to the Reuters Institute for the Study of Journalism, trust in BBC News has plummeted from 75% in 2018 to 55% in 2022. That trend clearly cannot continue.

I have focused my remarks principally on broadcasters, as that is where the majority of my experience lies, but I will turn for a moment to the print media. I listened carefully to the comments of my right hon. Friend the Member for Camborne and Redruth (George Eustice), and I am afraid to disappoint him but I agree rather more with my right hon. Friend the Member for Suffolk Coastal (Dr Coffey) on section 40. I am glad to see the Bill removing that sword of Damocles from newspapers. It struck me that, although it was never commenced, it loomed over papers and magazines as a potential form of state control that would have been unconscionable interference in the freedom of the press. While I have many quibbles with both national and local newspapers about how they cover some stories, I felt that the draconian measures in section 40 were an entirely disproportionate way to tackle complaints.

[George Eustice]

rose—

[Rob Butler]

I will make one or two more points, just in case they answer my right hon. Friend’s question, but I will certainly give way in a moment.

As chair of the all-party parliamentary group on media freedom, it was a surprise to me that it was ever considered appropriate to oblige the publisher to pay the costs of both sides in a legal claim, even if the publication won the case. I know that that stance was taken by the organisation Reporters Without Borders. Thankfully, the Bill will put that right, and I am reassured that the industry’s own actions in recent years in setting up its own regulator, IPSO, and beefing up internal complaints handling procedures have proved effective, without the need for further statutory intervention.

[George Eustice]

Obviously, the easy way for any publisher to avoid the cost provisions would be to seek recognition. What is it about the Leveson recommendations that my hon. Friend disagrees with so much? What in the royal charter for the self-regulation of the press does he find objectionable and impossible for a news organisation to subscribe to?

[Rob Butler]

As I just outlined, my principal concern is about the suggestion that a publisher would have to pay the loser’s costs, irrespective of what those costs could be.

The Government have considered the many factors in play in reaching this decision. It is important to say that this is not a licence for newspapers to print whatever they wish—I hope that is understood in my local area by the Bucks Herald and the Bucks Free Press. There are undoubtedly times when the line between fact, comment and insinuation seems to be ever thinner. Self-regulation brings with it a responsibility to get articles right first time, as well as to give sufficient opportunity for a right to reply and appropriate space for both sides of the story. I hope that newspaper owners and editors will take the opportunity of the repeal of section 40 to redouble their efforts to justify the trust we are putting in them to work to the highest standards.

The Media Bill is essential to securing the long-term future of our public service broadcasters. More than that, it gives confidence to our nation’s wider creative economy. We need to ensure that the Bill gets on to the statute book as smoothly and quickly as possible. I have not proposed amendments or called for specific changes because I recognise the urgency. The industry has worked closely with the Department for many months, if not years. As a result, I believe that we have before us a Bill that is well thought-out, fit for the future and fair to all. I am delighted to give it my enthusiastic support.

Media Bill (Second sitting)

Rob Butler Excerpts

Committee stage
Tuesday 5th December 2023 Public Bill Committees

[Rob Butler (Aylesbury) (Con)]

In a similar vein, would my right hon. Friend ask Ofcom to look at the implications of the BBC’s decision last year to close its sub-regional newsrooms in Oxford and Cambridge, which means that my constituents in Aylesbury now only get to see regional news from Southampton. It is quite a stretch to see anything in common between the two areas, not least as Aylesbury is one of the furthest inland towns in the country. The BBC, of all organisations, is supposed to represent the whole of the country, and that means each and every part of the country.

[Sir John Whittingdale]

My hon. Friend tempts me to go down a route that could open up a whole new area of debate. I have to say that I share his concern about some of the decisions taken, particularly in relation to local news provision, by the BBC on radio and, indeed, in local news services. He will be aware, and he has a lot of experience in this area, that this is a matter for the BBC. That does not mean that we do not make clear our own views to the BBC about how it is delivering its obligations to provide for local news. We will continue to do that, but it is ultimately a matter for the BBC.

In relation to some of the points made by the hon. Member for Barnsley East, we want the BBC to have a consistent approach, recognising its distinctive contribution. We will be looking at all these matters when we come to consider the renewal of the charter which, as we discussed this morning, will start not instantly, but in the not too distant future.

Amendment 3 agreed to.

Amendments made: 4, in clause 15, page 17, line 29, leave out from “substitute” to end of line 30 and insert

“”, in relation to each holder of such a licence, available for inclusion in one or more qualifying audiovisual services provided by that holder or a person associated with that holder”;”.

See explanatory statement to Amendment 3.

Amendment 5, in clause 15, page 17, line 32, after “licences” insert

“and persons associated with any of those holders”.

This amendment secures that the purpose of networking arrangements is to enable holders of regional Channel 3 licences and persons associated with those holders to provide qualifying audiovisual services that (taken as a whole) are able to compete effectively with other television programme services and on-demand programme services provided in the United Kingdom.

Amendment 6, in clause 15, page 17, line 35, at end insert—

“(2A) After subsection (4) insert—

“(4A) Section 362AZ12(6) (meaning of references to a person associated with a public service broadcaster) applies for the purposes of subsection (4)(b) and (c) as it applies for the purposes of Part 3A.””

This amendment is consequential upon Amendments 4 and 5.

Amendment 7, in clause 15, page 17, line 36, leave out “(4)” and insert

“(4A) (inserted by subsection (2A))”.—(Sir John Whittingdale.)

This amendment is consequential upon Amendment 6.

Clause 15, as amended, ordered to stand part of the Bill.

Clauses 16 and 17 ordered to stand part of the Bill.

Schedule 1 agreed to.

Clause 18

Power to require information

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

[Sir John Whittingdale]

Clause 26 ensures that our legal framework is up to date—I have to say this with a degree of nostalgia—by removing the now obsolete legal provision for a public teletext service. This is achieved by repealing sections 218 to 223 of the Communications Act 2003, which established such a service. I can remember consulting Teletext and Ceefax on many occasions, but I am afraid that it has now passed into the mists of time.

[Rob Butler]

Will my right hon. Friend take this opportunity to pay tribute to all those journalists who worked on teletext services, both at the BBC and ITV? When I worked on business television programmes at the BBC, there was a very small team of three people who worked on the business pages of Ceefax. They were extremely diligent and they frequently updated the news faster than we could to get it on the air.

Perhaps, as we mourn the loss of teletext services, we can pay tribute to all those who worked very hard to not only bring us great information but to create some of the most unbelievable graphics on television that people might ever have experienced without any artificial simulation. I am particularly fond of the reveal button that, as Advent wore on, used to show a new little Christmas or festive picture each day. Perhaps this is a good moment in the season of Advent to recall those moments and pay tribute to all those who were involved in providing those great services.

[Sir John Whittingdale]

I am very happy to join my hon. Friend in paying tribute to the journalists who made Teletext, for a time, such an essential service in keeping the nation updated with news as it happened. Indeed I do recall—

[Kirsty Blackman]

rose—

[Rob Butler]

You’re too young!

[Kirsty Blackman]

I am absolutely not too young. I spent an awful lot of hours—far too many hours—playing Bamboozle! on Teletext. I wonder if the Minister would also pay tribute to the fact that Teletext was actually a genius idea. The concept and the way that it was delivered was just brilliant. In addition to the team that worked on it, its creation was completely phenomenal and was incredibly impressive—it changed our lives for the better.

Media Bill (Fourth sitting)

Rob Butler Excerpts

Committee stage
Thursday 7th December 2023 Public Bill Committees

[Stephanie Peacock]

Following on from the removal of prescriptive licence requirements in clause 43, clause 44 makes further amendments to the requirements on the character of local radio services. In short, it strengthens the need to provide local news on analogue services, while repealing requirements to provide other local material, increases flexibility on where local radio content is produced, and allows for future regulations to require news on digital local radio services.

I will speak to these changes in turn, starting with the newly strengthened requirements on local news on analogue services. The 2017 commercial radio deregulation consultation found that there was strong support across the board for provisions protecting local news. In fact, many respondents said that local and national news are often the prime reason that people choose to listen to a particular radio station. On the other hand, there are poor financial incentives for stations to provide news, which can be expensive to produce. I agree with that and, as I said many times during the debates on BBC local radio services, local news has proved its importance time and again in recent years—whether by providing school closure updates in extreme weather events or keeping people updated during the pandemic.

Localised radio updates are even more important for people who cannot access news in other ways—for example, those with visual impairments or those without an internet connection due to cost or location. As a result, it is pleasing to see that there will still be clear requirements on the provision of local news on analogue stations, particularly given the crossover between those who are unable to access a stable internet connection and those living in places without access to digital radio signals. It is also pleasing to see that local news must include locally gathered news, encouraging positive relationships with local papers, journalists and agencies working directly in communities.

[Rob Butler (Aylesbury) (Con)]

I find myself in fervent agreement with the hon. Lady on local news, and I wonder how she would define it. I have been concerned in my area of Buckinghamshire, because when Mix 96 ceased to exist when it was taken over by Bauer and made into Greatest Hits Radio Bucks, Beds and Herts, the amount of Buckinghamshire news coverage drastically reduced. Often, we have found that journalists do not live in the area, and we could have a news bulletin with no Buckinghamshire news in it at all, yet it is still officially compliant with the requirement for local news. What is her view of what local should mean in practice?

[Stephanie Peacock]

The hon. Member makes an incredibly good point and I welcome his support. Indeed, I will go on to speak about my amendment, which talks about what local is, and I would be delighted if he would like to support it.

[Rob Butler]

I may not go that far.

[Stephanie Peacock]

If the hon. Member bears with me, I will give him the answer and the opportunity to perhaps vote for the amendment, too.

I want to raise the importance of local programming that is not also local news. Although I understand that there is a range of DAB services offering a whole host of programmes, it is a shame that there has not been some recognition of the value of non-news-related local programming among the changes, which dropped requirements on local spoken material and music. Again, as I spoke to in the debates on BBC local radio services, I hope that a range of the content continues to be delivered on local analogue services, as well as digital ones.

On the newly relaxed requirements on production, which mean that stations can provide local programming from studios outside the coverage of their area, I note that concerns were raised during the consultation process about the impact of that on local opportunities and routes in the industry, with production becoming concentrated in larger cities. Respondents said that a local presence can be important for listeners who want to feel connected to the content the station produces, so they might be less likely to engage with call-ins and competitions if they feel presenters and production are not based where they are.

I understand the need to carefully balance requirements on analogue services and to release undue burdens where possible, particularly given the changing landscape of listenership and the fact that there are no such localness requirements on DAB commercial services. However, I would still like to ask the Minister whether the Government have assessed the impact the requirement relaxations will have on listeners and local people, rather than just on the services themselves. It is important that communities and those who actually benefit from local radio services are taken into account.

Separate to the requirements on analogue services, the clause also provides the Government with the ability to introduce local news obligations on DAB radio services in the event that analogue services cease at some point in the future. It is my understanding that multiplex owners will be responsible for requiring that there is at least one digital local radio service that carries local news, rather than that being a direct obligation on the radio services themselves. Radiocentre, which represents the commercial radio sector, has said that it is sensible to introduce the powers to guarantee the provision of local news in the future. Indeed, I have already discussed how important local news is to local people.

Radiocentre has also shared that it is not entirely clear how that will work in practice. I would therefore be grateful if the Minister could explain, in the event of the power, how multiplexes would decide which service must carry local news. Furthermore, in the event that the chosen service stops doing so, or goes out of business, how would the obligation be transferred to another service? Lastly, how would all that be enforced between Ofcom and the multiplex owners? What conversations has the Minister had with both Ofcom and the multiplex owners, including Arqiva, to ensure readiness when the time comes? The preservation of local news is very important, and I look forward to hearing some clarity on how the new system could work.

Finally, I tabled amendment 31 on what counts as local news, which was raised by the Department for Culture, Media and Sport during the pre-legislative scrutiny process. Indeed, the Committee noted that in 2017 the Government promised to provide greater legislative clarity on what local news actually meant, and stated that it would enable Ofcom to produce guidance in the policy area. However, the issue was never fully resolved, leading to Ofcom calling for clearer guidance regarding its responsibility to enforce the provision of locally gathered news.

In its submission to the Committee, Ofcom said:

“We think it is important the Bill is clear what is intended by this new requirement.”

In response, although the Government said that they accepted

“the principle that the definition and enforcement of the obligations on local radio to provide locally-gathered news could be clearer”,

there was a lack of detail on how they would put this principle into practice, other than references to some technical changes on the face of the Bill. I would therefore be grateful if the Minister could talk us through the technical changes and how, or whether, they might be able to act as a replacement for full guidance on this issue. In the absence of such confirmation or detail in the Government’s response to the Select Committee report, I felt it important to raise the issue again. It seems like people from all parties in the House and, indeed, radio services and viewers alike can agree on the importance of local news and information, but if the new requirements on local news are not enforced properly, such unanimous agreement is futile. I look forward to hearing the Minister’s response.

--- Later in debate ---

[Sir John Whittingdale]

The powers relate to future shortages. I suspect that we could not backdate the provisions to kick someone with a contract off a multiplex. Perhaps it would be helpful if I later provided a bit more information to the Committee on precisely how that would work.

To go back to the definition of “local news” in the amendment of the hon. Member for Barnsley East, I understand that her purpose is to refine that definition and that of “locally gathered”, but I think that the amendment is unnecessary.

[Rob Butler]

The Minister and my hon. Friend the Member for Dudley South on the Front Bench will be relieved to hear that I do not intend to add to the woes of the Government Chief Whip by supporting an Opposition amendment, but I want to press the Minister a little on what “local” means, and how it is to be interpreted. I gave an example from my area. What was intrinsically an Aylesbury radio station has been superseded by one with three counties in its name: Bucks, Beds and Herts. Are the people of Aylesbury to assume that “local” means anything from any one of those three counties, rather than one from their town? I wonder whether some form of guidance—not necessarily statutory—might be helpful as we move quickly to develop new audio-visual services in radio and television.

Media Bill (Sixth sitting)

Rob Butler Excerpts

Committee stage
Tuesday 12th December 2023 Public Bill Committees

A number of journalists are concerned about the lack of independent regulation. It is not just the general public who are struggling with this issue. We have the least trusted press in Europe as a result of what has happened over the years. The Leveson inquiry made clear where some of the shortcomings are, but it seems that very little has been done to try to fix them. Amendment 41 says that clause 50 cannot have effect, and section 40 of the 2013 Act cannot be removed—the stick cannot be taken away—until both Houses are satisfied that an effective alternative method is in place of persuading publishers to become members of an approved regulator. Only then can section 40 be repealed. Basically, the amendment says that there needs to be alternative provision if we are not using section 40 to convince newspapers to sign up to the independent regulator.

[Rob Butler (Aylesbury) (Con)]

I am listening carefully to the hon. Lady, and I hope, time permitting, to speak on clause stand part. The amendment refers to “persuading”. Does she have any suggestion that she can share with the Committee on how publishers might be persuaded, given that although this sword of Damocles has been hanging over them for a very long time, none of them has signed up? Has she had any conversations with publishers of the national or regional press about how her ends might be achieved?

[Kirsty Blackman]

It is incredibly difficult to find a way forward. The hon. Gentleman is right that the issue has been left hanging. Perhaps the press never believed that the Government would implement section 40 and make it work. Maybe the sword hanging over them was not big enough. Whatever has happened, it has not persuaded them to sign up. My key request is that the Government persuades them to sign up, using whatever methods are at their disposal. It is important that we have independent regulation, and that newspapers sign up.

To illustrate the point, IPSO upholds fewer than 1% of complaints that are brought to it. I do not know whether the hon. Gentleman has ever been through the IPSO process, but it is incredibly complex and difficult. It is supposedly set up in such a way that anybody can access it, but without the advice of a lawyer, it is very difficult for a person to ensure that their concerns are heard and their complaint is upheld by IPSO.

The Government should use all the tools at their disposal. They should be having conversations and doing everything that they can to persuade newspapers to sign up. Section 40 should be removed only when there is an alternative—unless, of course, the Government are going to totally dump the idea of having independent press regulation and just give up on this.

[Kirsty Blackman]

That is absolutely the case. It is very difficult for people to interact with IPSO in the first place, so a significant number of complaints never even get to IPSO, never mind going through the process and then not being upheld. The current situation is concerning, but it is for the Government to ensure that the newspapers are properly regulated. It is for the Government to enact and ensure compliance with the outcomes of the Leveson inquiry. I would like to hear more from the Government about what they plan to do to ensure that newspapers are properly held to account and properly regulated, and thus increase the level of trust in our media and, as a result, in our democracy. Those two things are inextricably linked.

Amendment 41 is about trying to find a way forward. The Government will have to persuade the newspapers to sign up, and they will have to persuade the Houses of Parliament that they have done enough to ensure that the newspapers will sign up. If all the newspapers signed up, it would be easy to persuade the Houses that whatever method the Government put in place had actually worked. That is the outcome I would like to see: everybody signed up. Then neither House would have any problem passing this clause to get rid of section 40 of the Crime and Courts Act 2013.

[Rob Butler]

I have listened very carefully to the hon. Member for Aberdeen North, but, with great respect, I disagree with her. I will outline why I disagree with her and why I support clause 50. I do so from a couple of perspectives: first, as the current chairman of the all-party parliamentary group on media freedom, which my right hon. Friend the Minister for Media, Tourism and Creative Industries chaired before me, with rather more success and aplomb, I suspect; and, secondly, as one who spent the first 15 years of his career as a journalist. I also strongly supported the print media in its original campaign against state regulation, it is fair to say, including the provision of some professional advice at the time.

Section 40 of the Crime and Courts Act has never been commenced. I suggest that, to some extent, that shows it is not necessary and it is therefore appropriate to repeal it. However, there is also an important point of principle here: freedom of the press is sacrosanct and must be seen to be sacrosanct. I am quite sure that each and every one of us on this Committee has seen articles about ourselves in newspapers or online that we disagreed with, that were not wholly accurate, and that we really did not like, but if those articles are fundamentally wrong or harmful, legal sanctions are already available to deal with them, notably the laws of libel. There is also IPSO, which I will come on to in a moment. The fact that newspapers publish articles that are sometimes uncomfortable is not in itself reason to impose the draconian sanction that section 40 would have wielded.

The hon. Member for Aberdeen North suggests persuading newspapers to participate, but we have had a very long period in which it has been clear that they are not persuadable; any persuasion would therefore effectively be enforcement, which in turn is effectively state regulation. That is why we have been in this difficulty for a long time. When I spoke about this on Second Reading, I was asked why newspapers did not avoid the prospect of paying huge court expenses by signing up to an approved regulator under our royal charter, which is what the hon. Lady is suggesting. The answer is simple: not a single national or regional newspaper or magazine of any significance is willing to do that as a matter of principle, because they see it as state regulation. I have a great deal of sympathy with that perspective.

The secretariat for our APPG on media freedom is provided by Reporters Without Borders, which is a highly respected advocate for freedom of the press worldwide that campaigns tirelessly for journalists’ voices to be heard, sometimes at considerable risk. Reporters Without Borders was calling for the repeal of section 40 as long ago as 2016, and it continues to do so today. Its submission to the Government’s consultation on repealing section 40, which was held way back in 2016-17, stated:

“Section 40 would introduce an unprecedented chilling effect for publishers and journalists in the UK, leading to self-censorship and a reduction in public interest reporting. The essential role of the press in our democracy would therefore be undermined, as well as the scope for any writer to investigate matters of concern and national interest for the public.”

When the public were asked in that same consultation, they expressed a resounding desire for section 40 to be repealed: 79% of direct responses favoured full repeal, and the most common reason given was the “chilling effect” it would have on the freedom of the press.

[Kirsty Blackman]

When I was a councillor back in 2007, there was an article in the local newspaper that said that a fellow councillor and I had requested that Irn Bru be provided in the Members’ Tea Room. In fact, all that had happened during the course of that meeting was that a Conservative councillor had asked for Earl Grey to be provided. We went to IPSO, which said that the newspaper was allowed to write that story because it was just the cut and thrust of political discussion, even though it was blatantly false. If IPSO is so unable to uphold the truth, is there any point in anyone going to it?

[Rob Butler]

Strictly speaking, I would suggest that that was libel, so there were legal routes available, but—to pre-empt the point that the hon. Lady might make—I accept that that is a very lengthy and expensive process, and that it might be a case of using a sledgehammer to crack a nut. I would say that IPSO was wrong in the case. I am very open about it: if something is said that is patently untrue, IPSO needs to hold its members to account, and what the hon. Lady said to some extent undermines that. That is what IPSO needs to take on.

The News Media Association has provided us all with a briefing, much of which is compelling. I will not risk the wrath of Committee members by reading it out in its entirety, but I highlight a couple of points. For example:

“Section 40 would cost the national and local press an estimated £100 million a year to tell the truth. This would be particularly devastating for local publishers.”

In my earlier contributions in Committee, I have been clear that I am concerned to ensure that local news is genuinely local; I got very close to the position of His Majesty’s loyal Opposition on that point at one stage. We should not do anything that makes local news coverage more difficult.

There are perfectly legitimate concerns about behaviour of the press and opportunity for redress, but the regulatory landscape has fundamentally changed since section 40 was introduced. I worked with some newspapers at the time, and they sat up and took notice when the threat of this legal sanction was over them. Publishers and editors have recognised that they have to face up to their responsibilities, and IPSO is much tougher than what was there before. There are serious sanctions, including, ultimately, the £1 million penalty. I completely hear what the hon. Members for Aberdeen North and for Arfon have said about the difficulties of getting through that. There may be more to do to make IPSO effective and easily accessible, but that does not mean that we have to have state regulation, which would be going much too far.

[Hywel Williams]

How does the hon. Gentleman expect IPSO to be persuaded to be more amenable?

[Rob Butler]

What is influential is the understanding of where public opinion is. The thought that the public had had enough was effectively what played a very big part in influencing the regulation of the press. The press did not ignore Leveson; they were very conscious of what was going on. I would certainly have no hesitation in telling people in the media, “You need to recognise that what you have is not quite enough to satisfy legitimate public concern.” Particular examples are helpful; hon. Member for Aberdeen North has given me one, which I shall not hesitate to quote if I have such a conversation.

It is worth also saying that there have been two independent reviews of IPSO. They stated that it was effective and independent, notwithstanding hon. Members’ comments. The second found that IPSO’s

“supportive, but challenging engagement to improve standards”

was

“exactly what an effective regulator should be doing”.

There is an argument that, even if it is not perfect, the press has cleaned house itself.

[Kirsty Blackman]

I appreciate the case being made by the hon. Gentleman and I understand his position. However, on his point, he is sort of blurring the lines between a state regulator and an independent regulator. He is using the term “state regulator” for Impress when the whole idea, outcome and recommendation from Leveson was to have an independent regulator.

[Rob Butler]

That is not how the press has seen Impress, because it is set up by statute. The press’s argument has always been that it is effectively state-sanctioned and state-imposed. We can call it independent, but the press has never believed that Impress truly would be independent.

As I said, I have to be brief as, with the Committee’s permission, I have been summoned to an important meeting in a few moments, so I apologise for a short absence. My final comment is that at a time when we see freedom of the press under ever-increasing threat around the world, not least in Russia, repealing section 40 and demonstrating that the state should have no direct role would be a powerful sign of the UK’s commitment to a media free of Government shackle or interference. I consequently oppose the hon. Lady’s amendment and fully support the clause standing part of the Bill.

Media Bill

Rob Butler Excerpts

Report stage
Tuesday 30th January 2024 Commons Chamber

[Rob Butler (Aylesbury) (Con)]

It is a pleasure to speak on Third Reading. As the Minister said, it was quite fun and enjoyable to serve on the Public Bill Committee—although the Whips Office should not see that as a hint that I want to be on every future Public Bill Committee.

The Media Bill is an important piece of legislation, and a key theme throughout its passage has been the importance of prominence for our public service broadcasters—the BBC, ITV, Channel 4 and Channel 5. I should declare that I have worked for three of them, and I am sure that Channel 4 will one day complete the set. That is not a hint that I will be looking for a new job in a year’s time, perhaps much to the Opposition’s chagrin.

I am extremely pleased with the new regime to ensure appropriate prominence for public service broadcasters, but I wanted to say a word about it. I was pleased to hear the Minister say that there will be detailed consultation on the work with Ofcom, but it is important that Parliament sets out clearly to the regulator what we mean by prominence. I look forward to the Government taking a robust stance to ensure that Ofcom feels entitled and empowered to adopt a muscular approach. It must be bold with the TV manufacturers in expressing the will of this place to ensure that the PSBs really are featured prominently.

We need look at only one recent example of television to prove the value of PSBs: the drama that has made the headlines in recent weeks, the ITV programme “Mr Bates vs. The Post Office”. It highlighted an injustice to millions of people who had not previously been aware of the Horizon scandal, despite the fact that it had been covered in many news media and that the Government were already working extremely hard to provide redress and recompense for postmasters well before the drama was aired.

“Mr Bates” has had an immediate and important effect, but the programme could only have been made by a PSB. The nature of that story is such that, yes, it is of massive interest to the UK audience, but its international appeal as a television programme might be less evident. ITV recognised the significance of the scandal, put serious money into it and took a commercial risk that would likely not have been approved by a non-PSB. That speaks to the value of the legislation before us.

[Jim Shannon (Strangford) (DUP)]

The hon. Gentleman is right to highlight this issue, but it is also right to highlight the role of the Under-Secretary of State for Business and Trade, the hon. Member for Thirsk and Malton (Kevin Hollinrake). For 18 months before that broadcast, the Minister worked hard. We need to recognise that his 18-month contribution coincided with the ITV programme, and the two came together at the right time.

[Rob Butler]

I am grateful to the hon. Gentleman for making that point. As I said, the Government had been acting well in advance of the drama, but the programme made the public aware in a way that the news had not been able to. The Government made serious efforts—he is right to draw attention to the incredible work of the current Minister with responsibility for postal services—to achieve recompense and redress, but the TV drama made the public aware of the scandal and the need for redress.

Channel 5 has pointed out that public service content relies on “easy access” for viewers. Without the reforms in the Bill, the significant risk is that proper public-value content will be harder to find for audiences. That cannot be tenable. I am delighted that the Bill seeks to overcome that. It is imperative that Ofcom ensures and assures prominence for our PSBs, as the House expects.

I do not want to detain the House any longer, but I will just say that public service broadcasting is one of the things that makes this country special. There is a Britishness about our broadcasting system and market that is unique. The Bill recognises and protects that, and I am delighted to support it.