Media Bill

Baroness Winterton of Doncaster Excerpts

Report stage
Tuesday 30th January 2024 Commons Chamber

[Relevant documents: Thirteenth Report of the Culture, Media and Sport Committee of Session 2022-23, Draft Media Bill: Final Report, HC 1807, and the Government response, Session 2023-24, HC 115; Twelfth Report of the Culture, Media and Sport Committee of Session 2022-23, Draft Media Bill: Radio Measures, HC 1287, and the Government response, Session 2023-24, HC 115; Fifth Report of the Welsh Affairs Committee of Session 2022-23, Broadcasting in Wales, HC 620, and the Government response, Session 2023-24, HC 489.]

[Madam Deputy Speaker (Dame Rosie Winterton)]

We were going to begin with new clause 1, but Hywel Williams is not here, so I instead call George Eustice to move new clause 3.

New Clause 3

Consultation on section 50

“(1) Within six months of the passage of this Act, the Secretary of State must publish a call for evidence seeking views on alternative incentives to encourage publishers or regulators to seek recognition under the terms of the Royal Charter for the Self-Regulation of the Press.

(2) The Secretary of State must lay before both Houses of Parliament a report setting out the Government’s formal response to evidence submitted in response to the call for evidence required by subsection (1).

(3) The Secretary of State may not make an order under section 55(3)(ga) bringing any part of section 50 into force until the report specified in subsection (2) has been laid before both Houses of Parliament.”—(George Eustice.)

See explanatory statement to Amendment 3.

Brought up, and read the First time.

[George Eustice (Camborne and Redruth) (Con)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker]

With this it will be convenient to discuss the following:

New clause 1—Evaluation of nations-based production—

“(1) The Communications Act 2003 is amended as follows.

(2) In section 286 (regional programme-making for Channels 3 and 5)—

(a) in subsection (1)(d), at end insert “except where the company is a new start-up and has registered itself as being primarily based in that nation”;

(b) after subsection (1)(d) insert—

“(e) Ofcom must require a broadcaster listing a production as being based in Northern Ireland, Scotland or Wales to demonstrate prior to production that a production company has—

(i) a substantial base (consisting of a specified number of staff) within the nation;

(ii) a commitment to remain within the nation for a specified amount of time;

(iii) had a presence within the nation for at least 36 months.”;

(c) in subsection (3)(d), at end insert “except where the company is a new start-up and has registered itself as being primarily based in that nation.”;

(d) after subsection (3)(d) insert—

“(e) Ofcom must require a broadcaster listing a production as being based in Northern Ireland, Scotland or Wales to demonstrate prior to production that a production company has—

(i) a substantial base (consisting of a specified number of staff) within the nation;

(ii) a commitment to remain within the nation for a specified amount of time;

(iii) had a presence within the nation for at least 36 months.”

(3) In section 288 (Regional programme-making for Channel 4)—

(a) in subsection (1)(d), at end insert “except where the company is a new start-up and has registered itself as being primarily based in that nation.”;

(b) after subsection (1)(d) insert—

“(e) Ofcom must require a broadcaster listing a production as being based in Northern Ireland, Scotland or Wales to demonstrate prior to production that a production company has—

(i) a substantial base (consisting of a specified number of staff) within the nation;

(ii) a commitment to remain within the nation for a specified amount of time;

(iii) had a presence within the nation specified for at least 36 months.”.”

New clause 4—OFCOM review of on-demand programme service regulation measures—

“(1) As soon as practicable after Chapter 2 of this Act comes into force, OFCOM must carry out a review of its on-demand programme service regulation measures.

(2) This review must take account of—

(a) the size, and

(b) the turnover

of the services to which these regulations apply and assess whether the current application of the regulations is the most effective means to achieve the policy goals of this Chapter.

(3) In conducting the review described in subsection (2), OFCOM must consult with relevant stakeholders, including public service broadcasters, on-demand programme service providers and any other stakeholders as appropriate.”

This would require OFCOM to conduct a review of the Bill’s new on-demand regulatory code. The review must take account of the sizes and turnovers of the regulated services, and assess whether the current regulatory approach is effective in achieving the policy goals of the Bill. The review would have to be conducted in consultation with relevant stakeholders.

New clause 6—Age rating standards—

“Where Tier 1 providers use an age rating or other classification system to comply with the duties imposed on them by or under this Act for the protection of audiences from harm, they must—

(a) apply the age rating or classification system used by the video works authority based on their classification guidelines; or

(b) apply an age rating or classification system that is judged by OFCOM to be—

(i) based on a transparent set of appropriate standards;

(ii) applied consistently across content; and

(iii) informed by regular consultation with the UK public.”

This new clause ensures that, where age ratings are used by Video on Demand platforms, those ratings are the same as the ones used by the British Board of Film Classification or meet equivalent standards of rigour, transparency, and objectivity.

New clause 7—Adequate on-demand coverage to be available—

“After section 101 of the Broadcasting Act 1996, insert—

“101ZA Provision of adequate on-demand coverage

(1) The purpose of this section is to secure, in relation to a listed event, that if any person makes available on-demand coverage of the whole or any part of that event, adequate on-demand coverage is made available widely and free of charge to members of the public in the United Kingdom, whether by that person or another person.

(2) In this Part, in relation to a listed event or part of such an event, “on-demand coverage” means audiovisual content consisting of coverage of, or excerpts from, that event (or a combination of those), where—

(a) a person makes a range of such content available to members of the public, whether through a relevant service or otherwise;

(b) selections from that range can be made by the user and viewed at a time chosen by the user (even if it may be viewed only within a period specified by the person making it available);

(c) the selected content is received by the user by means of the internet; and

(d) the content otherwise meets any criteria or requirements specified (either generally or in relation to particular listed events) by regulations under section 104ZA;

and “on-demand rights” means rights to make on-demand coverage available for access by members of the public in the United Kingdom.

(3) Any contract entered into on or after the day on which section [Adequate on-demand coverage to be available] of the Media Act 2024 comes into force under which a person acquires on-demand rights is void so far as it purports—

(a) in relation to the whole or any part of the event, or

(b) in relation to access by means of the internet, in the United Kingdom,

to grant those rights exclusively.

(4) For the purposes of this section, on-demand rights are granted exclusively if the person granting them—

(a) has not granted any such right in respect of the whole or, as the case may be, that part of the event to more than one person, and

(b) is precluded by the terms of the contract from doing so.

(5) For the purposes of subsection (4)(a), rights are not to be treated as having been granted to more than one person where the only persons to whom such rights have been granted are connected with each other.

(6) No person may provide on-demand coverage of a listed event unless authorised to do so under subsection (7), (8) or (9), even if that person is authorised to include live coverage of that event in a relevant service by subsection (2), (3) or (4) of section 101.

(7) The provision of on-demand coverage of a listed event is authorised by this subsection if—

(a) on-demand rights have been acquired by the provider of a relevant service falling within section 98(1)(a);

(b) that relevant service includes live coverage of that event; and

(c) the on-demand coverage provided that provider—

(i) constitutes adequate on-demand coverage of the event, and

(ii) may be accessed free of charge.

(8) The provision of on-demand coverage of a listed event is authorised by this subsection if—

(a) on-demand rights have been acquired by one or more persons;

(b) those persons are not connected with each other;

(c) the on-demand coverage provided by at least one of those persons—

(i) constitutes adequate on-demand coverage of the event, and

(ii) may be accessed free of charge;

and

(d) the person or persons who have acquired rights to provide the adequate on-demand coverage satisfy the requirements in relation to that coverage of any regulations made under section 104ZA for the purposes of this paragraph.

(9) The provision of on-demand coverage of a listed event is authorised by this subsection if OFCOM have consented in advance to such provision.

(10) OFCOM may revoke any consent given by them under subsection (9).

(11) The code drawn up by OFCOM under section 104 shall include guidance on the matters which they will take into account in determining whether to give or revoke their consent for the purposes of subsection (9).

(12) Regulations under section 104ZA (regulations about coverage of listed events) may include provision—

(a) specifying (either generally or in relation to particular listed events) any criteria or requirements that content must meet in order to be regarded as on-demand coverage for the purposes of subsection (2)(d);

(b) for determining for the purposes of this section what (whether generally or in relation to particular circumstances) is to be taken to represent the provision of adequate on-demand coverage of an event for the purposes of subsection (8)(d).

(13) Failure to comply with subsection (6) shall not affect the validity of any contract.

(14) Subsection (6) shall not have effect where the person providing the on-demand coverage is exercising on-demand rights acquired before the commencement of this section.

(15) In this section, “on-demand coverage” and “adequate on-demand coverage” are to be construed in accordance with regulations under section 104ZA.

(16) For the purposes of sections 104A (provision of information) and 104B (penalties for failure to provide information), any person making available, or wishing to make available, on-demand coverage of the whole or any part of any listed event shall be treated as a person who is within subsection (5) of section 104A.””

This new clause would secure that, where possible, adequate on-demand coverage of listed events, such as clips and excerpts, is made available free of charge to audiences in the United Kingdom.

New clause 8—Protection of digital terrestrial television—

“(1) The Secretary of State shall ensure that—

(a) the licensed public service channels continue to be broadcast via digital terrestrial television to as many of their intended audience as is reasonably practicable; and

(b) a sufficient number of digital terrestrial television multiplex licences are issued to deliver the licensed public service channels via digital terrestrial television and support a diverse range of commercial digital terrestrial television channels.

(2) OFCOM shall reserve sufficient frequencies for television broadcasting services accordingly.”

This new clause would place a responsibility on the Secretary of State to ensure that public service television channels continue to be broadcast via digital terrestrial television (DTT) and that sufficient licences are issued to keep the platform viable. It would also require Ofcom to make spectrum available accordingly.

New clause 9—Review of children’s access to public service broadcast content—

“Within six months of the passage of this Act, the Secretary of State must prepare and publish a report on how to ensure that children have access to public service broadcast content.”

This new clause would require a review of how to ensure children have access to public service content, given their viewing habits.

New clause 10—Digital rights to listed events—

“(1) The Secretary of State may by regulations amend the Broadcasting Act 1996 to make provision for coverage of listed events which is not live coverage.

(2) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

New clause 11—Delivery of public service content on relevant television services—

“After section 264A of the Communications Act 2003, insert—

“264B Delivery of public service content on relevant television services

(1) OFCOM must monitor the extent to which the public service remit for television in the United Kingdom is met in respect of relevant television services.

(2) If OFCOM considers that the public service remit for television in the United Kingdom is not being met in respect of such services, it may set whatever programming quotas it considers necessary to ensure that the remit is met.

(3) For the purposes of this section, “relevant television services” means—

(a) the television broadcasting services provided by the BBC;

(b) the television programme services that are public services of the Welsh Authority (within the meaning of section 207);

(c) every Channel 3 service;

(d) Channel 4;

(e) Channel 5.””

This new clause would give OFCOM powers to measure the delivery of public service content on the linear services of the public service broadcasters, and set quotas if it considered the current level to be unsatisfactory.

New clause 12—Regulation of selection services for on demand and online-only content—

“(1) Within three months of the passage of this Act, the Secretary of State must by regulations provide for the regulation of selection services for on demand and online-only content equivalent to the regulation of radio selection services provided for by section 48 and Schedule 9 of this Act.

(2) Regulations under subsection (1) may amend primary legislation.”

New clause 13—Gaelic language service—

“The Secretary of State must, within six months of the passage of this Act, review whether a Gaelic language service should be given a public service broadcast remit.”

New clause 14—Age Classifications—

“When considering the adequacy of age ratings, OFCOM must assess whether any age ratings used by providers are—

(a) widely recognised by the UK public;

(b) underpinned by a transparent set of standards;

(c) informed by regular consultation with the UK public.”

New clause 15—Establishing a Broadcasting and Communications Authority for Wales—

“(1) A Broadcasting and Communications Authority for Wales (“the Authority”) is established.

(2) The Authority must perform the following functions—

(a) support for the broadcasting and media sectors serving audiences in Wales;

(b) oversight and accountability for public service broadcasting in Wales;

(c) facilitation and development of the production of content by broadcaster and media outlets in Wales;

(d) promotion and preservation of the Welsh language, identity and culture in broadcasting and media output;

(e) support for and development of English language content made in Wales and ensuring that it is relevant to Welsh audiences; and

(f) any functions the Secretary of State considers necessary to support further devolution of broadcasting policy to the Welsh Government.

(3) In performing the functions under subsection 2 the Authority must have regard to—

(a) public interest journalism;

(b) content for children and young people; and

(c) sport content and national events.

(4) In performing the duties under subsection (2) in relation to broadcasting and media matters in Wales, the Authority must consult—

(a) relevant Ministers in the Welsh Government;

(b) Members of the Senedd; and

(c) members of the public living in Wales.

(5) Section 1 comes into force at the end of the period of 12 months beginning with the day on which this Act is passed.

(6) In preparation for the establishment of the Authority a shadow authority may be established in line with the functions set out in subsection 2 after the passing of this Act.

(7) The Secretary of State must by regulations make provision for the appointment of officers to the Authority.”

This new clause creates a new independent Welsh Broadcasting and Communications Authority with responsibility and oversight for broadcasting and media matters in Wales to help reflect and meet the needs of Welsh audiences.

New clause 16—Listed Events—

“(1) The Broadcasting Act 1996 is amended as follows.

(2) In section 97 (as amended by section 299 of the Communications Act 2003), after subsection (1B) insert—

“(1A) The following events must be included in Group A of the list drawn up under subsection (1)—

(a) the Olympic Games;

(b) the Paralympic Games;

(c) the FIFA World Cup Finals Tournament;

(d) the FIFA Women’s World Cup Finals Tournament;

(e) the European Football Championship Finals Tournament;

(f) the European Women’s Football Championship Finals Tournament;

(g) the FA Cup Final;

(h) the Scottish FA Cup Final;

(i) the Grand National;

(j) the Wimbledon Tennis Finals;

(k) the Rugby Union World Cup Final;

(l) Six Nations Rugby Tournament Matches Involving Home Countries;

(m) the Derby;

(n) the Rugby League Challenge Cup Final;

(o) any match involving the national teams of Scotland, Wales, Northern Ireland or England pertaining to qualification for the events listed in paragraphs (c), (d), (e) and (f).””

This new clause would make it compulsory for the Secretary of State to place the list of sporting events in Group A of listed sporting events, ensuring they are available on free to air television in their entirety. The events consist of all current Group A events plus the home nations World Cup and Euro qualifiers.

New clause 17—Consultation on listing of events—

“(1) The Broadcasting Act 1996 is amended as follows.

(2) In section 97(2), after paragraph (b), insert—

“(ba) Seirbheis nam Meadhanan Gàidhlig (the Gaelic Media Service),”

(3) In section 104(4), after paragraph (b), insert—

“(ba) Seirbheis nam Meadhanan Gàidhlig (the Gaelic Media Service),””

This new clause would add Seirbheis nam Meadhanan Gàidhlig (the Gaelic Media Service) to the list of organisations which must be consulted when the Secretary of State is drafting or amending listed events and Ofcom is drawing up its related code of guidance.

New clause 18—Listed Events Fund—

“(1) The Broadcasting Act 1996 is amended as follows.

(2) After section 104ZA insert—

“104ZB Financial matters arising from the listing of events: the Listed Events Fund

(1) The Secretary of State shall establish a fund (the “Listed Events Fund”) with the purpose of minimising the consequential financial impact of the listing of events on sporting governing bodies who would otherwise suffer egregious financial distress.

(2) Payments from the fund shall be limited to governing bodies and other sporting rights holders who maintain their registered office in Scotland, Wales, Northern Ireland or England and whose primary geographic area of responsibility lies within one of these territories.

(3) The Secretary of State, following the revision of the listing of events in Group A, shall invite governing bodies and other organisations who could reasonably assess their turnover or income as dropping as a result of an event being listed in Group A (and who qualify under the provisions of subsection (2) of this section) to apply to him for payment from the fund.

(4) No organisation with a reported turnover of greater than £50 million per annum for the financial year in which any subvention may be paid shall be entitled to payment from the fund.

(5) The amount laid down in subsection (4) may be varied by the Secretary of State on an annual basis, but may not increase by a rate greater than that of the Retail Price Index as measured at any point in the three months previous to any proposed variation.””

This new clause would provide a fund under the auspices of the Secretary of State to be paid to governing bodies or other broadcasting rights holders who may experience financial detriment as a result of listing under Group A.

New clause 19—Diversity in the workforce of the public service broadcasters—

“(1) OFCOM must produce a report each year detailing diversity in the workforce of the public sector broadcasters (“PSBs”).

(2) The report under subsection (1) must include—

(a) a breakdown by protected characteristic of the numbers of people in the workforce of each PSB;

(b) the percentage of the workforce on and offscreen who have various protected characteristics as deemed relevant by OFCOM;

(c) if the percentages reported under paragraph (b) are not reflective of the population as a whole or on a regional basis, a statement from each broadcaster on how they intend to increase diversity in their organisation.

(3) OFCOM may request any information they require from the PSBs in order to compile the report under subsection (1).

(4) Provision of data to enable OFCOM to produce the report under subsection (1) is to be considered by OFCOM when it assesses the extent to which a PSB has fulfilled its public service broadcasting remit.”

This new clause would require OFCOM to produce an annual report on workforce diversity within the PSBs.

New clause 20—On-demand programme services—

“(1) OFCOM must report to the Secretary of State each year on the percentage of people who are watching on-demand services that do not fall under the definition of on-demand programme services in section 368A of the Communications Act.

(2) If OFCOM reports concern that the definition is not providing protection for public service broadcasters on on-demand services that are being widely accessed by the public—

(a) OFCOM must write to the Secretary of State, and

(b) the Secretary of State must make a written statement to Parliament on how the Secretary of State intends to remedy this matter.”

This new clause would require OFCOM and the Secretary of State to keep under review the adequacy of the definition of on-demand programme services in section 368A of the Communications Act 2003.

New clause 21—Delivery of public service content on relevant television services—

“After section 264A of the Communications Act 2003, insert—

“264B Delivery of public service content on relevant television services

(1) Ofcom must monitor the extent to which the public service remit for television in the United Kingdom is met in respect of relevant television services, including level of programming from a diverse range of genres including, among others, education, entertainment, music, arts science, sports matters of international significance, religion and specialist interests.

(2) If Ofcom considers that the public service remit for television in the United Kingdom is not being met in respect of such services, it may set whatever programming quotas it considers necessary to ensure that the remit is met.

(3) It is the duty of relevant television broadcasting services to prepare and publish a statement annually on their performance in the provision of public service content.

(4) For the purposes of this section, “relevant television services” means—

(a) the television broadcasting services provided by the BBC;

(b) the television programme services that are public services of the Welsh Authority (within the meaning of section 207);

(c) every Channel 3 service;

(d) Channel 4;

(e) Channel 5.””

This new clause would give Ofcom powers to measure the delivery of public service content on the linear services of the public service broadcasters, and set quotas if it considered the current level to be unsatisfactory.

New clause 22—Duty to report on workforce diversity and equality requirement—

“(1) Public service broadcasters (“PSBs”) must prepare and publish a statement on a workforce diversity and equality strategy within the period of one year beginning with the day on which this Act is passed.

(2) A workforce diversity and equality strategy must comprise a plan setting out how PSBs are taking appropriate steps towards improving diversity and equality within the workforce in the period covered by the plan, which must cover not more than three years.

(3) In particular, a workforce diversity and equality strategy must state a PSB’s objectives and priorities for the period it covers.

(4) A workforce diversity and equality strategy must include a summary and an evaluation of the activities and initiatives pursued or commissioned by a PSB in the exercise of its functions under subsection (1) in the period to which the strategy relates.

(5) Before the end of the period covered by a workforce diversity and equality strategy, PSBs must prepare and publish a strategy for a further period, ensuring that each successive strategy covers a period beginning immediately after the end of the last one.

(6) In preparing or revising a workforce diversity and equality strategy, a PSB must consult such persons as they consider appropriate.

(7) OFCOM must prepare and publish a report on workforce diversity and equality strategy statements produced by PSBs set out in subsection (1), in particular—

(a) summarising what actions a PSB is planning and taking in the exercise of its strategy under subsections (1) to (3);

(b) assessing what progress has been made towards achieving the objectives and priorities set out in a strategy in the relevant period.

(8) The first annual report by OFCOM on workforce diversity and equality is required to be published within a period of 18 months beginning with the day on which this Act is passed.

(9) OFCOM must prepare and publish subsequent reports on PSBs’ strategies and progress against them every three years thereafter.”

This new clause introduces a requirement for PSBs to publish objectives on the promotion of diversity and equality among the workforce and for Ofcom to monitor and report on PSB performance on meeting this requirement.

New clause 23—Duty to report on media literacy requirement—

“(1) Public service broadcasters (“PSBs”) must prepare and publish a statement on a media literacy strategy within the period of one year beginning with the day on which this Act is passed.

(2) A media literacy strategy is a plan setting out how PSBs are taking appropriate steps towards improving levels of media literacy among audiences in the period covered by the plan, which must be not more than three years.

(3) In particular, a media literacy strategy must state a PSB’s objectives and priorities for the period it covers.

(4) A media literacy statement must include a summary and an evaluation of the activities and initiatives pursued or commissioned by the PSB in the exercise of their functions under section (1) in the period to which the report relates.

(5) Before the end of the period covered by a media literacy strategy, PSBs must prepare and publish a strategy for a further period, ensuring that each successive strategy covers a period beginning immediately after the end of the last one.

(6) In preparing or revising a media literacy strategy, a PSB must consult such persons as they consider appropriate.

(7) OFCOM must prepare and publish a report of the media literacy strategy statements set out in subsection (1), in particular—

(a) summarising what actions a PSB is planning and taking in the exercise of its strategy under subsections (1) to (3);

(b) assessing what progress has been made towards achieving the objectives and priorities set out in a strategy in the relevant period.

(8) The first annual report by OFCOM on media literacy is required to be published within a period of 18 months beginning with the day on which this Act is passed.

(9) OFCOM must prepare and publish subsequent report on PSBs’ strategies and progress against them every three years thereafter.”

This new clause introduces a requirement for PSBs to take appropriate steps in relation to improving levels of media literacy among their audiences and for Ofcom to monitor and report on PSB performance on meeting this requirement.

New clause 24—Duty to report on viewer and listener consultation requirements—

“(1) Public service broadcasters (“PSBs”) must prepare and publish a viewer and listener consultation strategy (“consultation strategy”) within the period of one year beginning with the day on which this Act is passed.

(2) A consultation strategy is a plan setting out how PSBs are taking appropriate steps towards improving levels of engagement with audiences in the period covered by the plan, which must be not more than three years.

(3) In particular, a consultation strategy must state a PSB’s objectives and priorities for the period it covers.

(4) A consultation strategy must include a summary and an evaluation of the activities and initiatives pursued or commissioned by the PSB in the exercise of their functions under section (1) in the period to which the report relates.

(5) Before the end of the period covered by an audience consultation strategy, PSBs must prepare and publish a strategy for a further period, ensuring that each successive strategy covers a period beginning immediately after the end of the last one.

(6) In preparing or revising a media literacy consultation strategy, PSBs must consult such persons as they consider appropriate.

(7) OFCOM must prepare and publish a report assessing PSBs’ consultation strategies, in particular—

(a) summarising what actions a PSB is planning and taking in the exercise of its strategy, and

(b) assessing what progress has been made towards achieving the objectives and priorities set out in a strategy in the relevant period.

(8) The first annual report by OFCOM on PSBs’ consultation strategies must be published within a period of 18 months beginning with the day on which this Act is passed.

(9) OFCOM must prepare and publish subsequent reports on PSBs’ strategies and progress against them every three years thereafter.”

This new clause introduces a requirement for PSBs to produce a strategy and objectives for increasing levels of consultation with user listeners and for Ofcom to monitor and report on PSB performance on meeting this requirement.

Amendment 81, in clause 1, page 2, line 38, at end insert—

“(iii) a sufficient quantity of audiovisual content so as to permit fulfilment of the public service remit for television in the Gaelic language as spoken in Scotland”.

This amendment would require OFCOM to report on whether a sufficient quantity of audiovisual content in Gaelic is televised to meet the public service remit for television.

Amendment 1, page 3, line 10, at end insert—

“(5A) In assessing the extent to which the requirements of subsection (5)(b)(i) have been met OFCOM must have particular regard to the importance of content recognising the culture and heritage of those parts of the United Kingdom recognised under the Council of Europe Framework Convention for the Protection of National Minorities.”

This amendment requires OFCOM to have regard to the Council of Europe’s Framework Convention for the Protection of National Minorities when reporting on the fulfilment of the public service remit through audiovisual content by the public service broadcasters.

Amendment 86, page 3, line 13, leave out from “appropriate” to end and insert—

“level of programming from a diverse range of genres including, among others, education, entertainment, music, arts science, sports matters of international significance, religion and specialist interests.”

This amendment would add detailed description of the range of genres which Ofcom must report on whether the public service broadcasters have made available.

Government amendment 19.

Amendment 79, in clause 3, page 7, line 15, at end insert—

“(c) which is broadcast via UHF frequencies that can be received by a minimum of 98.5% of the population of the United Kingdom.”

This amendment amends the definition of public service for Channel 3 and Channel 5 to include an obligation to broadcast via digital terrestrial television, on the basis of the already existing licence requirements applying to PSB DTT multiplexes.

Amendment 80, page 7, line 32, at end insert—

“(d) which is broadcast via UHF frequencies that can be received by a minimum of 98.5% of the population of the United Kingdom.”

This amendments amends the definition of public service for Channel 4 to include a obligation to broadcast via digital terrestrial television, on the basis of the already existing licence requirements applying to PSB DTT multiplexes.

Amendment 82, in clause 8, page 9, line 29, at end insert—

“(c) a duration such as OFCOM considers appropriate of those independent productions are commissioned from smaller studios”.

This amendment would require OFCOM to require licensed public service channel regulatory conditions to include commissioning from smaller studios.

Amendment 83, page 9, line 29, at end insert—

“(1A) The regulatory regime for Channel 4 includes the conditions that OFCOM consider appropriate for securing that, in each year, not less than 35% per cent of Channel 4's total expenditure on qualifying audiovisual content is allocated to independent productions made by independent production companies with annual turnover not exceeding £25,000,000.

(1B) The Secretary of State may by regulations amend subsection (1A) by substituting a different figure for the annual turnover specified in that section.

(1C) Before making regulations under subsection (1B), the Secretary of State must consult—

(a) OFCOM,

(b) Channel 4, and

(c) independent production companies that are likely to be affected by the regulations.”

This amendment would require that at least 35% of Channel 4’s annual expenditure on qualifying audiovisual content be allocated to productions made by independent producers with annual revenues smaller than £25m. It also provides the Secretary of State the power to amend, following consultation, the revenue figure defining the production companies to which the requirement applies.

Amendment 84, page 10, line 15, before “commissioning” insert

““annual revenue” means the reported revenues published in the annual accounts of the respective independent production company, covering the most recently available period of 12 months;”.

This amendment would insert a definition for the purposes of Amendment 83.

Amendment 85, page 10, line 17, at end insert—

““independent production companies” has the same meaning as in the Broadcasting (Independent Productions) Order 1991;”.

This amendment would insert a definition for the purposes of Amendment 83.

Government amendments 20 to 40.

Amendment 88, in clause 25, page 30, line 30, at end insert—

“(4) On the date on which section 21 comes into force, the Secretary of State must revise the list maintained for the purposes of Part 4 of the Broadcasting Act 1996 so that it includes—

(a) at least one cricket test match each year between the months of May and September;

(b) at least one cricket One Day International match each year between the months of May and September;

(c) all other currently listed Group A events.

(5) The events listed under subsection (4) must be allocated to Group A.”

Amendment 5, in clause 28, page 41, line 10, leave out “an appropriate” and insert “a significant”.

This would require that designated internet programme services are given significant prominence within regulated television selection services.

Amendment 78, page 42, line 3, at end insert—

“(f) any local digital television programme service that OFCOM determines is willing and able to offer an internet programme service.”

This amendment includes local digital television services within the prominence framework for designated internet programme services where OFCOM determines a service is willing and able to offer such a service.

Amendment 87, page 42, line 21, leave out “an appropriate” and insert “a significant”.

This amendment would require a provider of regulated television selection to give significant prominence to designated internet programme services.

Government amendments 41 to 49.

Amendment 6, page 69, line 1, leave out clause 31.

This would retain section 295 of the Communications Act 2003, which restricts C4C’s involvement in programme-making.

Government amendments 50 and 51.

Amendment 18, in clause 38, page 79, line 25, at end insert—

“(4A) When considering the adequacy of age ratings, OFCOM must report on the extent to which any age ratings used by providers are—

(a) clear and well understood by consumers;

(b) underpinned by a published and transparent set of standards; and

(c) informed by regular and substantive consultation with the UK public.”

This amendment sets conditions to be used by OFCOM when reporting on the adequacy of the age ratings classification systems used by providers.

Government amendment 52.

Amendment 7, in clause 44, page 83, line 36, leave out subsection (3).

This amendment and Amendments 8 to 13 would broaden the scope of the requirements placed by the Bill on local radio broadcasting licences, so that the current scope of local material as news, information and other spoken material is retained.

Amendment 8, page 84, line 6, leave out “news and information” and insert

“news, information and other spoken material and music”.

See explanatory statement to Amendment 7.

Amendment 9, page 84, line 23, leave out “news and information” and insert

“news, information and other spoken material and music”.

See explanatory statement to Amendment 7.

Amendment 10, page 84, line 24, leave out “news and information” and insert

“news, information and other spoken material and music”.

See explanatory statement to Amendment 7.

Amendment 11, in page 84, line 26, after “news” insert

“, information and other spoken material and music”.

See explanatory statement to Amendment 7.

Amendment 12, page 84, line 34, after “news” insert

“, information and other spoken material and music”.

See explanatory statement to Amendment 7.

Amendment 13, page 84, line 36, after “news” insert

“, information and other spoken material and music”.

See explanatory statement to Amendment 7.

Government amendments 53 to 59.

Amendment 2, in clause 50, page 114, line 7, leave out subsections (2) and (3) and insert—

“(2) Section 40(3) of the Crime and Courts Act 2013 is omitted.”

This amendment would allow the Secretary of State the option in future of commencing subsection 2 of Section 40 of the Crime and Courts Acts 2013.

Amendment 3, in clause 55, page 115, line 25, leave out “50” and insert “(Consultation on section 50)”.

This amendment, together with Amendment 4 and NC3, would require the Secretary of State to consult on alternative incentives to encourage publishers or regulators to seek recognition under the terms of the Royal Charter for the Self-Regulation of the Press, and to lay a report on the consultation before Parliament, before section 50 could be commenced.

Amendment 4, page 115, line 35, at end insert—

“(ga) section 50 (but see section (Consultation on section 50));”.

See explanatory statement to Amendment 3.

Government amendments 60 to 74.

Amendment 17, in schedule 5, page 145, line 4, at end insert—

“(aa) persons designated by the Secretary of State as the responsible authority under Section 4(1) of the Video Recordings Act 1984;”.

This amendment ensures that the British Board of Film Classification is consulted by OFCOM when drawing up the Video on Demand codes.

Government amendment 75.

Amendment 14, page 146, line 34, leave out “40 per cent” and insert “80 per cent”.

This would require Tier 1 on-demand services to provide subtitling for 80% of their on-demand TV content from the second anniversary of the publication of the accessibility code.

Amendment 15, page 146, line 36, leave out “5 per cent” and insert “10 per cent”.

This would require Tier 1 on-demand services to provide audio-description for 10 per cent of their on-demand TV content from the second anniversary of the publication of the accessibility code.

Amendment 16, page 147, line 1, leave out “2.5 per cent” and insert “5 per cent”.

This would require Tier 1 on-demand services to provide sign language presentation or translation for 5 per cent of their on-demand TV content from the second anniversary of the publication of the accessibility code.

Government amendments 76 and 77.

[George Eustice]

There are a number of new clauses and amendments in my name that I wish to speak to, but principally among them I will speak to amendment 2, which relates to the repeal of section 40 of the Crime and Courts Acts 2013. With the will of the House, I will press the amendment to a Division later today, but first I will briefly address some of the other amendments.

Amendment 1 is not actually linked to the debate about section 40, or indeed the Leveson inquiry; it is about something very different. It simply states that Ofcom, when considering and assessing the public service remit, should also have regard to the framework convention on national minorities. That is because the current framework acknowledges the importance of languages in this country and their recognition under the framework convention on minority languages, but it omits the framework convention on national minorities. That is of particular importance to places such as Cornwall, Scotland and Wales, where the culture and identity goes beyond just language. I hope the Government will consider addressing this matter in the other place as the Bill progresses.

New clause 3 addresses the simple reality that although the Government have said that they intend to repeal section 40 of the Crime and Courts Act, Ministers have confirmed to me that the Government remain committed to the continued existence of the royal charter on self-regulation of the press. That royal charter was established by David Cameron when he was Prime Minister, in response to the recommendations of the Leveson inquiry. Conservative Members voted to put in place section 40 in order to create an incentive to join the royal charter. Given that the Government have said that they want to repeal section 40, which created that incentive, but that they remain absolutely committed to keeping the royal charter, surely they should at the very least have a call for evidence to examine what other possible incentives might encourage publishers to join that royal charter.

If the Government did not believe in the royal charter on self-regulation of the press, they would simply bring forward Orders in Council to disband the royal charter, as is provided for under article 10 of the charter. The Government do not want to do that, so if they remain committed to the royal charter, let us at least explore those options. They could include giving publishers access to arbitration so that they can get a fairer share of the advertising revenue for the news content they produce. That remains an open problem; some Government legislation seeks to address it, but it could go further.

I wish to focus principally on amendment 2, since that is the one I intend to press to a Division. The amendment would simply put in place a more precise cut to deliver the Government’s objectives. Section 40 of the Crime and Courts Act 2013 had two parts. The first part—subsection (2)—created an incentive for publishers to join because it gave them protection against those with deep pockets. There was a carrot and a stick in section 40. The carrot was that if, for the sake of argument, a Russian oligarch threatened a publisher and said, “We’re going to get Carter-Ruck to write expensive letters to you. We will see you in court if you publish this,” that publisher would have had protection because they would have been able to say to the rich and powerful, “We have confidence in our story and are going to run it, and if you don’t like the story, we will see you in arbitration; we won’t see you in court. If you insist on taking us to court and bypassing that arbitration, you will pay the publisher’s costs as well as your own.”

That was the carrot—the bit that the press never objected to. No one ever raised an objection to that. But there was also a stick—subsection (3) of section 40. The stick basically said that publishers who do not join a recognised regulator have more cost exposure to ordinary citizens who have had their lives and privacy violated and have no redress other than to bring legal action. The press never objected to the carrot; they only ever objected to the stick. Because they are a glass-half-empty type of industry, they of course tended to focus on the bit they did not like rather than the bit they did like, and they lobbied furiously to have that part of section 40 removed.

Then we come to the 2017 Conservative manifesto—let us be honest: it was not the best manifesto the party has ever drafted. Probably due to a drafting error, that manifesto pledged not just to remove subsection (3) of subsection 40, which was all that was required and which would have delivered the spirit of that manifesto commitment, but committed to remove the entirety of section 40, which was completely unnecessary.

Amendment 2 would remove the stick but retain the carrot. It would remove subsection (3) of section 40. In that, it would deliver everything the press have ever wanted, and therefore also satisfy the Government’s intentions.

--- Later in debate ---

There are other amendments that I welcome and support, particularly new clauses 5 and 7, as they extend the variety of and the commitment to public service broadcasting and the content that viewers would want to see.

[Madam Deputy Speaker (Dame Rosie Winterton)]

For information, I intend to call those who have tabled amendments before other Members.

I call Sir John Whittingdale.

[Sir John Whittingdale (Maldon) (Con)]

You are absolutely right, Madam Deputy Speaker; I have an amendment that I would like to speak to. It might be slightly unusual for the person who was the Minister taking the Bill through Committee then to seek to amend the Bill on Report, but I am sure it is not unprecedented, and I hope my amendment is nevertheless helpful to the Government. It is certainly my intention that it should be.

I have taken the Bill through Committee, and it has already been subject to a lot of scrutiny by the Culture, Media and Sport Committee, in this House and in the other place, and with the publication of a draft Bill. I am therefore slightly surprised to see the number of Government amendments that have been tabled. Most are relatively minor and technical, and I welcome the measure that would correct the anomaly around independent national radio, requiring it to continue to broadcast on AM, even though fewer and fewer people are now accessing radio by those means. It is right to remove that anomaly.

Amendment 78 addresses local television, which was the invention of my right hon. Friend the Member for South West Surrey (Jeremy Hunt). Although it has had a somewhat chequered history, it is successful in a number of areas across the country, particularly outside London. Rightly, the Government have consulted recently on whether they believe there is a long-term future for local TV, and I am optimistic they will conclude that they would like it to continue. The Bill will ensure that those broadcasters that the Government regard as making an important contribution should continue to thrive in a different media landscape. That is the purpose of the prominence provisions, which safeguard public service broadcasters to ensure that whatever means viewer choose to access television, they can find those public service broadcasters easily. Local television is not currently included on the list of channels that should have due prominence. As we move forward into an age when more and more people rely on internet protocol television to access channels, it will become increasingly hard for them if local TV is not obviously available on IPTV sets.

I have a Sky Glass television, which is an IPTV set, and at the moment I cannot get local television on it at all. One reason for that—and the reason the Government have previously given for not including local TV on the list of channels to be given prominence—is the absence of an app to deliver local TV. When I was filling in for the Minister over the past few months I had a meeting with local TV and was told that an app will be forthcoming quite soon that will allow local television to be received by IPTV. The Government suggested in a letter to my right hon. Friend the Member for Tunbridge Wells (Greg Clark) that they see a difficulty with that, and that because there are a large number of local television channels it would be difficult to give all of them individual prominence. However, I am assured by local television that they intend to come forward with a single app, which will be available on a number of major platforms and ensure that a specifically chosen geographical location in the country will receive the specific local TV channel that is appropriate for that area. We are only talking about one app. The Under-Secretary of State for Culture, Media and Sport said in his letter that the Government will continue to monitor the situation and consider increasing the availability of local content.

As we know, media Bills do not come along every day, and this is our single opportunity to update the law covering the range of media services. It is likely that there will not be another opportunity for some considerable time. My amendment would allow Ofcom, at a future date, to recommend the inclusion of a local TV app, as and when it emerges, in the prominence regime. It would ensure that the Bill future-proofs the regime so that it can be amended in such a way. I hope the Government will consider adopting that measure. I understand it is unlikely that they will accept my amendment, but I ask the Minister whether she will continue to look at this issue and, if the Government believe it is appropriate, consider tabling an amendment to that effect in the House of Lords.

On new clause 3, regarding the abolition of section 40 of the Crime and Courts Act 2013, I was slightly surprised to learn from my right hon. Friend the Member for Camborne and Redruth (George Eustice) that the inclusion of a firm pledge to repeal section 40, which was not just in the 2017 Conservative manifesto but repeated in that of 2019, was a drafting error. It did not strike me at the time that either the initial pledge or the second one were drafting errors.

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[Jamie Stone]

I thank the right hon. Member for her intervention.

Let me move on to the subject of Channel 4 and the removal of the restriction on in-house production. I have concerns about that change to Channel 4’s model, which has worked extremely well for a long time, although the previous Secretary of State was not so keen on its existence—or, at least, its future. Channel 4 has historically supported the independent production sector throughout the UK, in places such as my constituency in the far north of Scotland, but there are concerns that allowing it to create its own content could destabilise the sector. Given the Government’s track record on Channel 4, my ultimate fear is that this could be used as a stick with which to beat the channel, although I hope that does not happen. That being said, Channel 4 and the independent production sector are integral to each other, which is why I am glad to see the channel’s qualifying independent commitment to the sector increased to 40%, and to hear that any changes are likely to be very gradual, allowing the market to adjust accordingly. That can only be a good thing.

I come to the new clause tabled by the hon. Member for Worthing West (Sir Peter Bottomley) on listed events. The Government must take his proposal forward, so that major sporting events such as the Olympics, the Euros, Wimbledon and the World cup remain free to air in their entirety. In an increasingly digital-first world, digital rights must be included in the listed events regime. Let me turn to a subject that is close to my heart. Earlier this week, Ben Stokes said that England’s test win over India was his “greatest triumph” since he had become England’s captain. I think we can all take pleasure in that, regardless of which of the four corners of the United Kingdom we inhabit. I acknowledge the nod from my colleague on the Scottish National party Benches, the hon. Member for Paisley and Renfrewshire North (Gavin Newlands), for which I thank him courteously. I feel that this sort of shared cultural moment should be available for everyone to watch on free-to-air television. My amendment would enable people to see a cricket test and a one-day international on free-to-air TV each summer, and I hope that Members will strongly consider supporting it.

On the subject of local radio—something that I have mentioned in the past, and was beaten up about when I was a councillor long ago—I tabled amendments 7 to 13 to broaden the scope of the requirements in local radio broadcasting licences, so that the current scope of “local material” as

“news, information and other spoken material and music”

is retained. If only I could have heard myself say those words all those years ago! I can see the good that it does. It would not be right for the BBC to be left as sole provider of local speech radio. On a similar point, I welcome part 6 of the Bill, which safeguards the future of the industry with relation to voice-activated smart devices.

Local radio is integral to upholding democracy—a point made many times by many of us in this place. It provides trusted news and information, particularly during an emergency, as we saw during covid, and also provides entertainment. That is especially important to my constituents, who, as may be imagined, often face long drives across very large rural areas.

New clause 3 and amendments 2 to 4 relate to section 40 and our press, a subject already mentioned by a number of Members today. Ten years ago, all the parties made commitments to the victims of press abuse that we would introduce the system of regulation recommended in the Leveson report to protect the public from press wrongdoing. We in this country benefit from a vibrant and rich media, as was pointed out in an urgent question earlier today, but whereas our broadcasting media are the envy of the world, our print media languish at the bottom of international league tables when it comes to public trust and confidence. However, the Government now seek to repeal section 40, although they have no plans to replace it with any alternative mechanism of independent and impartial regulation. That not only leaves local and independent newspapers unable to defend themselves against expensive litigation in the form of strategic lawsuits against public participation, but makes it harder for a normal person to take legal action against a large publisher. As they say, those with the deepest pockets win.

These amendments offer two ways forward. New clause 3 and amendments 3 and 4 would permit the repeal of section 40, but not before there has been a consultation on alternative incentives for the Leveson system. Amendment 2 would repeal the part of section 40 that would disadvantage unregulated newspapers, but keep the part that protects local independent titles that have done the right thing and signed up to regulation. Under either of those amendments, national newspapers would face no detriment at all for their potentially bad behaviour—there is no free speech reason to object to them—but they allow us to show our support for the victims of press abuse and for the underlying principles of independent regulation.

Many sensible amendments have been tabled to this Bill, and I am glad that the majority of us in the House and, indeed, the industry are singing from the same hymn sheet. The world and the way in which our media operate have changed beyond recognition since the Communications Act 2003, and I and my party will be very pleased to watch this Bill make its way swiftly through both Houses, so that our legislation at last reflects the world we live in today. I close by paying tribute to Members for the great efforts that have been made on all sides of this House to make sure that this legislation is fit for purpose.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Father of the House.

[Sir Peter Bottomley (Worthing West) (Con)]

I am grateful to the hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone) for previewing the suggestion that time-shifted excerpts from listed events be available through public service broadcasters. I regret that test matches are not presently listed events, because I think that this country would have wanted to see the remarkable parts of the test match in India this week.

Some people may have only read press descriptions of Ben Stokes doing a backhanded flip to the wicket. That can be well described by people such as Neville Cardus and his successors, but it is even better to watch it in real life.

I believe that the number of listed events should be expanded. However, as the BBC and others have reminded us, the number of people watching events on the other side of the world at midnight or four in the morning might be 400,000, whereas those who would want to watch those events the next day might be 4 million or 14 million.

I believe that the new clause should be accepted, and I hope that the Minister will say some comforting words. Like many others, I do not propose to push my new clause to a Division today, but I do hope that the Government will respond by tabling an amendment or a new clause in the House of Lords that has the same effect. I could read out my full briefing, but the point has been well made by the hon. Member for Caithness, Sutherland and Easter Ross, and may be made by others.

What is the reason for embracing the future? It is not just about linear television; there is the opportunity for other rights. So many rights are bought by commercial businesses outside this country. What do they care about what happens in one part of the world broadcasting framework? We must have a requirement to stop those who think they can make money by making most people not watch key events, and making those who do watch pay a lot. People should be able to watch coverage on ordinary public service broadcasting.

My belief is that, for major events, the competition between the public service broadcasters will be sufficient to ensure a fair return for those who buy the rights. I do not believe in having an unrestricted auction, so that people can buy rights that will exclude most people in the country from watching sporting events of great importance. There have been examples of rights holders—Sky has done this well—making an event available on normal public service broadcasting, as well as on their own service, when one of our national teams has got into a final. I pay tribute to Sky for doing that.

I want to follow up on the words of the right hon. Member for Hayes and Harlington (John McDonnell), who talked about genres in public service broadcasting. I thought I would table an amendment or a new clause that does what he argued for. I believe that Ofcom should have an explicit duty to make sure that public service broadcasters are held to account and explain how they are meeting the requirements for the various parts of public service broadcasting. Public service broadcasting can be very interesting and fully commercial; a large number of people may want to watch it, and it may be very popular, but not necessarily. Religion, science and many other areas listed in the right hon. Member’s amendment 86 are important.

I say to the Government: pay attention to what he has said, look to Colin Browne for what viewers and listeners have said, and accept the amendment, so that the requirements are explicit, and the responses by the public service broadcasters are open.

I believe that we can make a success of this Bill. I know that broadcasting regulation is normally about 10 years behind the technology, and I remember that about 30 years ago, David Mellor had to change a virtually complete Bill on Report because so much had changed between the Bill being drafted and its Third Reading in the House of Commons. I believe that we can make a major change, and I can sum this up to the Government in words that someone has offered me, which are absolutely right:

“Don’t let this opportunity pass by. The time to act is now. Once these moments go behind a paywall, that’s the final whistle.”

Let us make all major events available to all people, at least in excerpts, so that they can watch them in daylight.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Secretary of State.

[Thangam Debbonaire (Bristol West) (Lab)]

I refer hon. and right hon. Members to my entry in the Register of Members’ Financial Interests. I thank all colleagues, particularly my hon. Friends the Members for Barnsley East (Stephanie Peacock) and for Eltham (Clive Efford), and my right hon. Friend the Member for Exeter (Mr Bradshaw), for their service on the Public Bill Committee and for doing really diligent and careful work.

In general, my colleagues on the Labour Benches and I are supportive of this Bill. It has been too long in the making, and the delays have held back the UK’s world-leading public service broadcasters. They have also affected the productivity of the creative industries as a whole, and the public service broadcast sector is such a large and important part of the creative industries and their commissioning. The last time broad changes were enacted for our public service broadcasters was in 2003. I think we can all agree that the world is now a very different place, but better late than never. Broadly speaking, I believe this is a good Bill, and we support it.

Our public service broadcasters are a fundamental part of British cultural life. If we did not have them, we would want to invent them, and this Bill gives them and the wider broadcasting industry the tools they need to survive in the modern world. The Bill contains crucial measures to ensure that UK broadcasters can thrive in a digital age by protecting radio services when they are accessed on smart speakers, and by ensuring the fair prominence of public service broadcasters on smart TVs. I will return to the question of prominence shortly.

However, the Bill does not take full advantage of the opportunity it creates to shape the broadcasting industry for the next decade. Although we will not seek to disrupt or delay the passage of the Bill, there are areas where we believe it can and should be strengthened and improved. I hope the Minister will listen to our suggestions in the new clauses and amendments standing in my name and that of my hon. Friend the Member for Barnsley East.

New clause 9 concerns children’s television. For many children and young people, public service broadcasting is an important part of how they learn and in particular how they learn to understand the world—it is a central part of how their curiosity is ignited. The Bill as drafted fails to recognise that importance by neglecting to try to understand how the viewing habits of children and young people are changing. Provision for children by public service broadcasters is under threat because so few children now watch live TV. The top-rated programme on CBBC attracts as few as 50,000 viewers. Children carry entertainment in their pockets, and they can and do switch between various apps and platforms in a matter of seconds, which is understandably affecting investment in children’s programming.

That creates a vicious cycle: as investment and resources decline, so too does the quality of the output. Instead of trying to provide high-quality, uniquely British public service content for children, broadcasters are then forced to prioritise profitable content that offers little public value and can be sold internationally. Our new clause 9 would enable the Government to take an important first step, recognise the problem and explore routes forward. It would be a shame not to take advantage of this opportunity to shape children’s programming for the future, in what is supposed to be a forward-looking piece of legislation. I ask the Minister to give that some consideration.

The Bill also fails to go far enough on age classification. The hon. Members for Penistone and Stocksbridge (Miriam Cates) and for South West Devon (Sir Gary Streeter) have tabled amendments in this area, for which I thank them, alongside our new clause 14, which shows the breadth of feeling across the House. All these amendments look to tackle the same underlying issue, which is that there is no consistency in how age ratings are currently used on streaming sites. Parents and children alike deserve to be able to have full confidence in age ratings so that when they pick something to watch, they can trust that it will be safe and age-appropriate. Ratings must be easily understood and recognisable by the public and underpinned by a transparent set of criteria that take into account British attitudes on everything from swearing to violence and anything else we might think of.

New clause 14 does not, in my view, overengineer the issue. It does not require every on-demand service to use any specific age rating provider, although we should collectively recognise that the British Board of Film Classification is a great example of best practice. Our public service broadcasters already follow stringent rules, which may mean that age ratings are not appropriate for their content, but where age ratings are already used, there should be clear criteria against which Ofcom can measure their success and quality.

The Bill also falls short when it comes to digital rights to listed events. Listed events have already generated some debate, and I have a great deal of sympathy with the points made by other hon. and right hon. Members about various sporting events. This legislation is supposed to contribute to the future-proofing of public service broadcasters, but I feel that to do that it needs to go further. Our new clause 10 seeks to address that. The rights to broadcast moments of national sporting importance are offered first to channels such as the BBC and ITV, enabling the broadest possible range of British people to watch the likes of Wimbledon and the Olympics.

We agree with the aim of the Bill, which is to protect and modernise the system, while making a few changes to ensure that it is appropriate in the digital age, but unfortunately the Bill falls short in this regard. By not extending the regime to include online clips and highlights, the Bill risks preventing thousands upon thousands of people from feeling the joy of watching British athletes or cricketers compete on the world stage, particularly when those competitions are happening far away, as happened this week with Ben Stokes and co. Considering that the next men’s football World cup and the next two Olympics after Paris 2024—

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[Sir Gary Streeter (South West Devon) (Con)]

I am pleased to speak in support of amendment 18, tabled in my name and the names of other hon. Members.

I generally welcome this Bill as a valiant attempt to bring the law and regulation up to date in a fast-moving sector of our society, namely broadcasting and on-screen entertainment. I will focus on part 4, which deals with on-demand programme services and, in particular, clause 38, which will usher in a comprehensive review, to be undertaken by Ofcom, of audience protection and the production of a video on demand code.

This welcome Bill reflects how many people watch their entertainment today. My two oldest grandchildren, aged 19 and 18, rarely watch anything on television, but they are always on their tablets or smartphones. They have no concept of seeing what is on the box in the evening, and maybe even recording it, as my wife and I still do. They simply source and download what they want to watch, when they want to watch it, via video on demand.

It is therefore important that we ensure the very best protection is in place, not so much for them—they are both adults now—but for my 12-year-old granddaughter, my seven-year-old grandson and even my two-year-old granddaughter, who has her own tablet on which she watches “Peppa Pig” and “The Wheels on the Bus”—I can confirm that the wheels go round an awful lot. [Laughter.] After 20 years, I am so sick of hearing that song.

Ensuring adequate audience protection measures for video on demand is vital, and clause 38 makes a commendable start, but I believe that amendment 18—shades of which are mirrored in amendments tabled by Members on both sides of the House, as was mentioned by the shadow Secretary of State—would enhance that protection. The amendment contains the following reasonable provision:

“When considering the adequacy of age ratings, OFCOM must report on the extent to which any age ratings used by providers are—

(a) clear and well understood by consumers;

(b) underpinned by a published and transparent set of standards; and

(c) informed by regular and substantive consultation with the UK public.”

I do not think that is asking too much, and I therefore hope the Government will consider it carefully.

The Government have said that the Bill’s objective is to bring in

“stronger protections from harmful or age-inappropriate shows through a new Ofcom…Video-on-demand Code”.

Amendment 18 simply sets out objective criteria to achieve this aim with regard to age ratings. All it requires is that age ratings are clear, transparent and reflect UK expectations about what is age appropriate. That is not a high bar to expect services to meet.

As others have said, we are very fortunate in the UK to have a tried and trusted classifier of content, namely the British Board of Film Classification, which has been age-rating our movies ever since I first went to the pictures in Tiverton to see James Bond in “Thunderball”—I wonder how many colleagues remember that underwater film—and probably for a lot longer than that. The BBFC now rates online content and video on demand.

Opinion polls and surveys tell us that parents understand and trust the BBFC’s rating system. My informal survey of parents in my constituency over the past few weeks has confirmed that. It is the gold standard, and the threshold against which Ofcom can consider the sector as a whole. It is therefore reassuring that Netflix, Apple and Amazon all use BBFC ratings for their video content.

Amendment 18 would not force every content producer to use BBFC ratings, but it would help to ensure that each rating system is fit for purpose. That is the bare minimum we can do to prevent commercial VOD services from exposing children to harmful content because, sadly, all is not well in this sector. It grieves me to say that that is particularly so in relation to Disney.

The current ratings free-for-all has seen Disney+ classifying scenes of sexual abuse as suitable for nine-year-olds and scenes of graphic, misogynistic violence or offensive antisemitic stereotypes as suitable for 12-year-olds. That is lower than it classifies some of its “Star Wars” and superhero content. Until we hold services to a minimum standard, we risk eroding public trust in age ratings as a child-protection measure, and thus perpetuating this entirely preventable harm.

The problem with Disney and Disney+ is that, for most of us, the brand conjures a sense of safety and security that is no longer warranted. When people of my generation hear the word Disney, we think of “Bambi” or “Cinderella”, so the thought that our grandchildren are in the next room watching a Disney+ video is intrinsically reassuring. But that would be an error of judgment, because much of its content is now dark and explicit.

Disney’s rating system is very different from the BBFC’s, and it is based on a Dutch system. Transparency and consistency must be part of the new VOD code, and Ofcom should consider the current lack of coherence and consistency in its review and future work.

Amendment 18 does not seek to change the scope of the Bill or prevent new innovations in audience protection. It is not about mandating any particular solution. Most of us know and respect BBFC age ratings, but nobody will be forced to adopt age ratings where they are not appropriate or not expected, such as on services operated by public service broadcasters. It is purely about setting objective benchmark standards to ensure that, where age ratings are used, they are effective for the purpose of child protection. As that is the stated purpose of the Bill, I hope the amendment will attract Government support.

It is not my intention to divide the House on amendment 18, but I hope that the excellent Minister will introduce similar amendments in the other place. If she does not, I am confident that similar amendments will be tabled in the other place that are likely to be supported, and I certainly would not vote against them when they come back to this place.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

[Kirsty Blackman]

I want to respond briefly to the issues just raised by the hon. Member for South West Devon (Sir Gary Streeter). I wonder whether he has looked at my new clause 20. The definition of “on-demand services” is not as he imagines. In the Communications Act 2003, it covers only those services whose “principal purpose” is the provision of programmes, so services such as those on the iPad or consoles would not be covered by the legislation as it stands. The legislation is specifically about those whose principal purpose is to do with providing programmes. It will cover Fire sticks, for example, or Sky Glass, as was mentioned by the Minister, but it will not cover those people watching on a PlayStation or on-demand services on iPads, so the prominence regime would not apply for those who are not watching on something whose “principal purpose” is television.

Anything in the Bill that relates specifically to on-demand services, therefore, even when it comes to age ratings or some of the other requirements we are putting on on-demand services, will apply only to Sky Glass, Fire TV and those sorts of things. That is why I tabled new clause 20, which would amend the Bill to recognise how quickly things move, as a number of Members have pointed out. The way that we consume media changes very regularly, and it has certainly changed dramatically in the 20 years since a media Bill was previously proposed.

I therefore ask Ministers to look at the definition of on-demand services and consider whether it continues to be appropriate; if it does not, new clause 20 would ensure that Ofcom is able to regulate all those places where people watch television. I originally tabled the new clause because of the incredibly high percentage, comparatively, of people in Scotland who watch television exclusively on consoles, without the PSB prominence that we might expect in services that are specifically for streaming TV.

I will speak to a number of the amendments tabled by Members across the House, starting with those tabled by the SNP. I have covered my concerns about the definition of on-demand services, and generally I do not think that the Bill as drafted is all-encompassing enough. The issue of smaller studios, which is covered in our amendments 82 to 85, was raised with me by the Media Reform Coalition. Having quotas for independent studios is good, but some broadcasters have a predilection to using only the super-indies, which account for about 20% of the companies that make independent productions; the smaller indies account for about 80%. Some broadcasters commission almost everything from that 20% of the market, from companies such as Endemol. Those companies do a great job, but they cannot be considered to be small independent studios. Amendments 82 to 85 would encourage public service broadcasters to move outside the scope of those largest independent studios and to give some of their work to smaller studios, which would have significant regional benefits.

New clause 1, which was tabled by the hon. Member for Arfon (Hywel Williams), looks at how the regions are accounted for, the production hours in each of the regions, and making sure that productions are genuinely regional productions, rather than a lift-and-shift from somewhere else. Those issues are important. Looking at the quota system for stuff being done outside the M25, for example, is not enough. Amendments 82 to 85 would augment the regional quotas recommendations proposed by the hon. Member for Arfon. If broadcasting companies had to look at the smaller independent studios, it would naturally encourage an increase in regional production.

I have one last point to make about the SNP amendments that has not been covered so much by other people. New clause 22, tabled by the right hon. Member for Hayes and Harlington (John McDonnell), is similar to my new clause 19 on the diversity of the workforce. That is incredibly important. I made the point in an intervention that I am concerned by the lack of diversity in public service broadcasting. I am concerned by that lack of diversity on and off screen. It is important to look at both areas when considering the future of PSBs. This is not about sticks, nor is it about carrots; it is about transparency. It is about ensuring that all individuals are transparent about whether they are meeting the test of having something that looks like the general population. It is clear that Parliament does not match the diversity of the population, given the incredibly large percentage of men in comparison with women still in this place, even though it has been going in the right direction. However, we need people on screen to reflect the population.

--- Later in debate ---

[Hywel Williams]

First, may I apologise for my late arrival to the debate, Madam Deputy Speaker? I seriously underestimated hon. Members’ capacity for brevity on the previous business. This afternoon, I would like to speak to my new clause 15 and to refer briefly to new clause 1 and clause 28. I thank my hon. Friend the Member for Aberdeen North (Kirsty Blackman) for her work with me in Committee—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. It will not be possible for the hon. Gentleman to refer to new clause 1, because he was not here to move it at the beginning. He is fine to speak to new clause 15.

[Hywel Williams]

Thank you for that guidance, Madam Deputy Speaker. New clause 15 seeks to establish a broadcasting and communications authority for Wales. That new independent body would have responsibility for and oversight of broadcasting and media matters in Wales, seeking to reflect the needs of Welsh audiences. Under my new clause, a shadow authority would fulfil the functions of that body before its establishment 12 months after the passing of this Act. The report by the Independent Commission on the Constitutional Future of Wales recommended that move. Some Members will know that the commission was set up by the Welsh Government and is under the chairmanship of the former Archbishop of Canterbury, Rowan Williams. It reported last week, and one of its conclusions was that there is a need to look at the devolution of broadcasting. An independent authority to regulate would be an integral part of that provision. Recent events have shown that there is a real need for such an authority in Wales. Some Members will know about the internal issues at S4C, the Welsh language channel, which make the argument that the current broadcasting framework is unsustainable.