Media Bill (First sitting)

Sarah Owen Excerpts

Committee stage
Tuesday 5th December 2023 Public Bill Committees

[Sir John Whittingdale]

The past decade has seen a complete transformation in the way in which people access television. Ten years ago, streaming services barely existed; now, they are ubiquitous. That is why the Bill is so important in modernising our approach and, in particular, ensuring that the public service broadcasters continue to thrive in this new landscape.

Clause 1 amends section 264 of the Communications Act to create a modernised remit for public service broadcasting against which Ofcom must report at least every five years. The new remit replaces and simplifies the purposes and objectives of the current public service broadcasting system. That is set out in proposed new subsection (4), and it will be fulfilled when the public service broadcasters provide a range of content that satisfies the interests of different audiences and is delivered in a way that meets the needs of those audiences.

Proposed new subsection (5) identifies the principal types of public service content that should form part of the PSBs’ collective contribution to the remit, specifically news and current affairs, children’s content and distinctively British content, as well as original, independent and regional productions. For the first time, regional and minority language content—content in Gaelic, Welsh, Scots, Ulster Scots, Irish and Cornish—is specified as contributing to the public service remit.

[Sarah Owen (Luton North) (Lab)]

In that list of protected genres, I note the exception of music. Does the Minister agree that the BBC has an integral part to play in the UK’s cultural landscape as the biggest commissioner of music and the biggest employer of musicians in the country? It has a proud cultural record, from the discovery of new artists and the Proms to innovative, brilliant cultural BBC radio programming at home and abroad. It is vital that all that is protected under amendment 19.

[Sir John Whittingdale]

While I completely share the hon. Lady’s love of music and recognition of the importance that broadcasters play in the promotion of music, the purpose of the new remit is to remove the specific naming of individual genres and instead put a requirement for them to be a “broad range”. In my view, that would certainly include music. Ofcom will have a duty to ensure that the broad range of different aspects of public service broadcasting is delivered, and there is a backstop power. If it is felt that broadcasters are failing to deliver sufficient quantities of the specific genre, it is possible for us to pass additional regulation to include a named additional genre. While music is no longer specifically mentioned in the remit, I am confident that that will not lead to any reduction. Indeed, the broadcasters have made clear that they have no intention of reining back on specific genres just because they do not appear in the legislation.

On how content is delivered, the Bill updates the present system so that on-demand provision contributes to the fulfilment of the remit, but to count towards the remit, as has been mentioned, it has to be online for at least 30 days. The only exceptions to the requirement are news and the coverage of live sports, which are regarded as being of instantaneous value, but value that perhaps diminishes over a short space of time. We thought about including music, but I think the value of music lasts beyond 30 days—I am as keen to see a performance from Glastonbury today as I was at the time it was broadcast. It would therefore not be appropriate to include it as one of the exemptions to the requirement. The Government recognise that it is valuable for audiences to be able to access news and current affairs in a traditional format, and the Bill accounts for that by ensuring our public service broadcasters are still subject to quotas that require them to deliver news via traditional linear television. Taken together, these changes will help ensure that our regulatory regime keeps up with modern viewing methods.

Clause 2 updates section 264A of the Communications Act in the light of the new public service remit for television. Section 264A describes how Ofcom, when undertaking a review under section 264, should consider the contribution that other media services, including those provided by commercial broadcasters, make to the remit. The changes made by the clause are needed to implement the new public service remit.

Clause 7 makes changes consequential to clause 1. In particular, it amends section 271 of the Communications Act to apply the existing delegated powers in the section to the new public service remit, as opposed to the old purposes and objectives. That will ensure that, should there be a need, the Secretary of State can by regulation modify the public service remit in clause 1, as I was suggesting to the hon. Member for Luton North. I therefore commend the clauses to the Committee.

I understand the intention behind amendment 19, which is to ensure that the range of content shown is broad. We want that too, but we feel that no longer specifying a large number of individual genres simplifies the current system of public service broadcasting. We want to set a clear and simple vision for the industry that narrows in on what it means to be a public service broadcaster, but we do not see that that need comes at the expense of breadth. We continue to want to see a wide range of genres, and we believe the clause achieves that.

[Sir John Whittingdale]

Ofcom has a duty to monitor the delivery of the remit, and that includes satisfying itself that there is a sufficient range of genres and that there has not been a diminution of a particular genre that would be considered part of the public service remit. If, however, it becomes clear that broadcasters are failing in any area, there is a backstop power that allows the Secretary of State to add a specific genre to the remit. We believe that safeguard is sufficient to ensure continued delivery of the range of genres that the hon. Lady and I want to see.

[Sarah Owen]

I thank the Minister for giving way again; he is being very generous with his time. At what point would the backstop power be initiated? Is there a standard below which the Government believe the backstop should be initiated? If so, why not just lay it out on the face of the Bill?

[Sir John Whittingdale]

The position is that Ofcom has a duty to monitor the delivery of genres, and it produces a report on that. If it becomes clear, and Ofcom states, that the public service broadcasters are failing to deliver aspects of the remit, section 271 of the Communications Act, which is amended by clause 7, provides a delegated power to amend the remit following the report by Ofcom. Proposed new section 278A allows for the creation of additional quotas for underserved content areas. Those powers are designed to address any underserved content areas that have been identified, and could be used to add a specific genre if that proved necessary.

Media Bill (Fourth sitting)

Sarah Owen Excerpts

Committee stage
Thursday 7th December 2023 Public Bill Committees

[Sir John Whittingdale]

I hope to provide my hon. Friend with further detail in my response to the amendment of the hon. Member for Barnsley East. I take my hon. Friend’s point, however; people expect to hear local news, relevant to the place where they live. In some cases, the definition of local news seems to be stretched somewhat. This is not a debate about the BBC, but I am sure that it might crop up in our discussion.

Local news and information are not defined in section 314 of the Communications Act 2003. They are mentioned as elements of local “material” that Ofcom is required to secure as part of the licensing of local commercial radio. Ofcom is also required to

“draw up guidance as to how they consider the requirements…should be satisfied; and…have regard to that guidance in carrying out their functions”.

Clause 44 amends section 314, and enables Ofcom to impose local news requirements in stations’ licences. It also enables Ofcom to ensure that this local news includes “locally-gathered” news. The hon. Lady suggested that she wanted further clarity on the definition of local news, but the provisions include a definition of local news for the first time. Under clause 44(7), to be regarded as “locally gathered-news”, news will need to be gathered

“by persons who gather news in the course of an employment of business”—

in other words, by professional journalists. We considered whether there was a case for being even more specific about how much news should be provided, or the times of day when local news should be available, but we felt that it would be most beneficial to the effective operation of the licensing system for Ofcom to continue to have responsibility for drawing up guidance on how stations should meet requirements.

Ofcom will draw up guidance that will replace the existing local news guidance. That will ensure continuity, while retaining a degree of flexibility in an approach that has been taken ever since 2003. It must have regard to the new definition of local news, and the requirement for at least some of that local news to be “locally-gathered”. We do not think it is either necessary or helpful for the Bill to require the Government to provide guidance to Ofcom on drawing up its guidance.

[Sarah Owen (Luton North) (Lab)]

On the point around Ofcom drawing up guidance, will Ofcom seek—and will the Government press it to—consultation with viewers, readers and listeners affected by these local changes, especially given that local newspapers are closing their doors across the country? It is so important that we have proper, accountable local news that is accessible to everybody.

[Sir John Whittingdale]

I would love to spend time debating the importance of local newspapers with the hon. Lady; it is a point on which I completely agree. I also share her concern about the disappearance of local newspapers in so many places, but that matter of concern is slightly outside this Bill. Nevertheless, she is right that it means that the remaining sources of local news become all the more important.

As she suggests, I would expect Ofcom to consult widely in local communities before it decides precisely how the guidance should work. We differ from the Opposition, however, in not thinking that it would be helpful to have two sets of guidance, one emanating from the Bill and the other from Ofcom. I think that would simply add to the complication and confusion, and we need Ofcom to be able to apply the new provisions across a wide range of stations with flexibility. The provisions, which include a requirement for at least some local news to be gathered locally, give a degree of clarification. I hope that on that basis, that the hon. Member for Barnsley East will withdraw her amendment.

Media Bill (Fifth sitting)

Sarah Owen Excerpts

Committee stage
Tuesday 12th December 2023 Public Bill Committees

[Sir John Whittingdale]

I was just saying that the Government’s approach to the issue is to encourage the existing good partnerships between the radio sector and car manufacturers. Radioplayer is an initiative by the BBC and commercial radio that supports the use of common standards and technology, to make it much easier for partner manufacturers to integrate radio into car entertainment systems. The BBC and commercial radio recently announced new investment to expand that work, to support and build Radioplayer in the UK and to continue the development of partnerships across Europe. Radioplayer has partnerships with manufacturers including Volkswagen Group, BMW and Renault, which together represent over 40% of all European car sales, and it recently announced a long-term extension and expansion of its partnership with VW Group’s automated software company. A range of other companies also provide integration services. That prevents car manufacturers from having to bear all the research and development costs as systems develop.

[Sarah Owen (Luton North) (Lab)]

I thank the Minister for noting all those car manufacturers. As the representative of Luton North, I would like to include van manufacturers as well, particularly Vauxhall.

[Sir John Whittingdale]

I have no doubt that van drivers spend as much time listening to the radio as car drivers do, so the hon. Lady is absolutely right to highlight vans.

Turning back to the amendment moved by the hon. Member for Aberdeen North, we believe that existing partnerships are the most effective way forward. However, we still have power to intervene—by, for instance, changing the definition of a radio selection service to include different ways in which radio stations are selected, if a clear need arises in the future. We will continue to support efforts by the radio industry to develop partnerships with car manufacturers, which, as I say, have produced good results. We will also keep these issues under review, as she requests. I hope that will go some way towards reassuring her, and that she is willing to withdraw her amendment.

--- Later in debate ---

[Sir John Whittingdale]

But the podcast is not subject to the regulatory requirements. It is absolutely the case that “The News Agents” is produced by a broadcaster that holds an Ofcom license, but that does not mean that the requirements of the licence apply to the content of the podcast.

[Sarah Owen]

Does the Minister not find it slightly perverse that the top-billing podcast, “The Rest is Politics”, which is the most listened-to podcast, is not subject to the requirements, yet one that is not the most listened to is subject to the requirements?

[Sir John Whittingdale]

Under the terms of the Bill, neither of them will be. The purpose of the Bill is to extend the regulatory regime to cover live radio, in whichever format it is consumed, but I do not think that podcasts—I am depressed to hear that “The Rest is Politics” is the top podcast on the charts, but there is no accounting for taste—should be subject to regulation, despite high listener numbers. As I say, we are happy to keep the matter under review, and the Bill allows for the amendment of relevant definitions. On the basis of that assurance, I hope that the hon. Member for Aberdeen North will be willing to withdraw her amendment.

Amendment 51 relates to the definition of “corresponds” in proposed new section 362BG(4). I recognise the amendment’s intention, and it is correct to say that there may sometimes be a very small difference between when an internet radio service is received by a listener and when the corresponding licensed broadcast service is received. That is why proposed new section 362BG(4) refers to when programmes are broadcast and provided by the station, rather than when they are received. It is not the Government’s intention for stations to fall out of scope of the protections because of very small discrepancies.

In any event, we consider that it is clear that very minor time-lags of up to a few seconds are not to be interpreted as not being “at the same time”, and we expect Ofcom to interpret the provision accordingly. However, the hon. Member for Aberdeen North has raised an important issue as to whether minor differences in output between versions of substantially the same programming should be allowed and, if so, whether the provision could be amended in a workable way. We are happy to consider the issue further with the industry and Ofcom. On that basis, I hope that the hon. Lady will not press her amendment.

I am grateful to the hon. Member for Barnsley East for tabling new clause 3, and we recognise its intention, which is to ensure that listeners can access a wide range of audio content on their connected devices. The provisions in part 6 of the Bill are being put in place to protect the public value of live, licensed UK radio. Although the options available to listeners have grown over recent years and will continue to do so, live radio remains the main way in which audio content produced by broadcasters is consumed. The provisions also reflect the fact that the regulatory framework that is in place for BBC, commercial and community radio services secures the ongoing provision of their public value content.

The new clause would extend the scope of the regime to unregulated content. At this stage, without a fuller understanding of the online audio market, it would risk significantly broadening the scope of the Bill. In particular, it would place disproportionate burdens on the platforms, without a clear means to ensure that the regime protects content that is of public value. In addition, it may risk significantly delaying the implementation of the regime. For those reasons, we cannot accept the new clause, and I hope that the hon. Lady will consider not pressing it.

Media Bill (Sixth sitting)

Sarah Owen Excerpts

Committee stage
Tuesday 12th December 2023 Public Bill Committees

[Kirsty Blackman]

Specifically on this issue, I agree with the points made by the shadow Minister. I think that asking for a report into this issue is the most sensible way forward, rather than saying that we have got all the answers. Looking at this issue in the whole would be very important.

When my children were younger, we relied a lot on CBeebies; the kids spent a lot of time watching CBeebies rather than anything else. Now that they are a bit bigger, they have forayed into the world of YouTube; when we are considering content on these platforms, at least with CBeebies parents know for certain that there will be no swearing and nothing inappropriate on that channel. Not everything on it is necessarily educational, but it is all funny or good, whereas on YouTube there is an absolute load of nonsense at times, and there are a number of shows on Netflix or Disney+ about which I have had to say to my daughter, “No, you can’t watch that. It’s just nonsense.”

There is value in ensuring that children have access, and easy access, to appropriate content and in encouraging parents to ensure that their children are—well, having gone through the Online Safety Bill, I know that we need to ensure that parents are aware of what their children are consuming on the internet and aware of what they are watching, and that they are taking decisions to manage that content and to ensure that children have good access to it. If the public service broadcasters’ shows for children are more easily accessible, parents will have fewer issues in ensuring that those are the shows that their children see.

Lastly, I will give a wee plug for “Newsround”, which a significant number of schools show in school. It is incredibly important and a really key way in which children are able to access news content in an age-appropriate way that explains the background and the information that they are being provided with. Therefore, I agree entirely with the shadow Minister that it would be sensible to have a report on this issue, and that a watching brief definitely needs to be kept on it.

[Sarah Owen (Luton North) (Lab)]

Just to add to those points and those made by the shadow Minister, I have often relied on the third parent that is CBeebies, as I imagine many other Members and many of our constituents have as well. I want to talk about the quality of such television and about its educational impact on children, ranging from young children to teenagers.

As has been alluded to, the quality of the BBC’s programmes, particularly on CBeebies, is just a trusted fact. I know as a parent that I could quite happily leave my three-year-old in front of CBeebies. She does not love Peter Rabbit, but I know that it is a safe and secure watch for her. I know that there will be no inappropriate advertising or any inappropriate life lessons or swearing, which I cannot guarantee on other services or channels. There are brilliant CBeebies programmes and characters, such as Mr Tumble, “Bluey”, “Newsround”, which has already been mentioned, and “Dog Squad”, which is a new firm favourite.

As the shadow Minister said, most children now know their way around an iPad, a tablet, a computer or a phone like the back of their hand, and they access all this content in a way that we could not when we were younger, including through Netflix or YouTube. That is a particular concern, because the adverts on YouTube and other online streaming platforms are not always age appropriate. Particularly during the cost of living crisis and in the run-up to Christmas, that is another burden for parents to deal with. It is a huge annoyance that there is this reliance on advertising, and sometimes product placement, which is not always healthy for children, in movies and TV shows.

On the educational impact, I have concerns about how young children watch these programmes. There will need to be access to repeated viewings for the educational impact to be fully felt when it comes to things such as GCSE “Bitesize” or learning letters. One episode of “Yakka Dee!” or “Sesame Street” will not teach my child the entire alphabet. With that in mind, it is important that we have a review of the impact on young people to protect the quality and standards of children’s television.