Media Bill

Stephanie Peacock Excerpts

2nd reading
Tuesday 21st November 2023 Commons Chamber

[Stephanie Peacock (Barnsley East) (Lab)]

I am pleased to welcome the introduction of the overdue Media Bill. I refer the House to my entry in the Register of Members’ Financial Interests.

It has been 20 years since the last major piece of broadcasting legislation was passed, and the media landscape has since changed dramatically. In 2003, the words “television” and “radio” described the devices on which we consumed our visual and audio content. Now these formats have taken on a life of their own.

Television can be viewed without a physical TV, and radio can be streamed online. As this technology has evolved, so have the habits of audiences and the competitors entering the industry. In the television space, for example, global streaming services now challenge our public service broadcasters for the attention of audiences. Rather than being linear channels, they offer catalogues of content for the price of a subscription.

Against this backdrop, we are pleased to finally have the Media Bill before us today, in order to give our public service broadcasters and UK radio the tools they need to thrive in the digital era. Just last week, I again met stakeholders from across the industry, including from public service broadcasters, radio providers, online platforms and consumer groups. While not everyone agreed on every detail of the Bill, what was clear from the discussions was the almost unanimous desire to get the Bill through as soon as possible.

Too much time has already been wasted in bringing forward the changes that are needed. Around 18 months ago, Ministers first introduced the “Up Next” White Paper, which contained many of the crucial measures we see before us in the Bill today, including welcome commitments to modernise the public service remit, to ensure public service content is prominent and easy to find on smart TVs and streaming sticks, and to futureproof the listed events regime, so that UK audiences can enjoy important national sporting moments.

However, rather than getting on with providing support for the broadcasting industry, the Government chose to waste a year pursuing doomed plans to privatise Channel 4 instead. Thanks to widespread opposition, Ministers finally made a very welcome U-turn on that proposal. That was a huge relief, not least for those local economies across the country who rely on Channel 4 spending over 50% of its commissioning budget in areas outside London, which the hon. Member for Warrington South (Andy Carter) raised some important questions about.

Although I am pleased to welcome the Bill today and look forward to supporting it in its passage, it is vital that the Bill is subject to proper parliamentary scrutiny. Indeed, the Bill has already made distinct progress from its draft thanks to pre-legislative work by the Culture, Media and Sport Committee, which has rightly received praise from across the House. The Chair, the hon. Member for Gosport (Dame Caroline Dinenage), outlined some of the accepted changes, including creating exemptions to the 30-day requirement, making progress in closing the streaming loophole in the listed events regime and adding much-needed protections to help facilitate a smooth end to Channel 4’s publisher-broadcaster restriction.

However, I would like to highlight some areas where clarification may be needed, starting with the first four parts of the Bill, which primarily focus on visual media. It is important that the Bill seeks to ensure that the public service remit is not overly complex or onerous. However, the Voice of the Listener and Viewer, the Media Reform Coalition and the Culture, Media and Sport Committee have raised concerns that removing explicit requirements to cover genres such as entertainment, drama, science, religion and other beliefs could lead to a decline in the provision of content in those areas. Will the Minister clarify what impact assessment the Department has carried out on how the new remit will impact the nature of public service content, particularly with respect to the removed genres?

In the light of changing viewing patterns, it is sensible to provide PSBs with some flexibility to meet their remit through on demand programming, but the Broadcast 2040+ campaign and others have been clear that public service content on linear television must still be protected and maintained. If it is not, we risk excluding those who live in rural areas, do not have an internet connection and an older generation that rely on being able to watch television in its traditional format. Will the Minister explain how the Department will work with Ofcom to hold our PSBs to the highest standards, and ensure that they continue to deliver quality content for as many people as possible?

Further scrutiny will also be needed to ensure the new video-on-demand code is not just a copy and paste of the broadcasting code, and is tailored to the needs of the on-demand environment, a point touched on by the hon. Member for Folkestone and Hythe (Damian Collins). It must also be clear who this code will apply to. Currently, the Government have said tier one services will be subject to the code, but there is confusion over how tier one will be defined.

Discussions will also be important to ensure the new prominence regime achieves the aim of making sure public service content is easily accessible on smart devices, properly considers how best to implement prominence for the likes of S4C, as raised by a number of hon. Members, and takes into account legacy devices.

On listed events, we need further clarification on how the findings from the Government’s consultation into digital rights will be implemented. We do not want a situation where a major sporting event takes place overnight and the next day the online clips are behind a paywall, meaning people in the UK are cut off from viewing it.

Let me move now to the radio-focused parts of the Bill—particularly part 6. I am aware that there has been a wider concern over the drafting and intent of the clauses. Thanks to the occasions that I have been in this Chamber to discuss the importance of preserving BBC local radio, the Minister will be well aware by now that I believe that radio services are of vital importance to people up and down the country. I am therefore also in full support of the changes that the Bill makes to ensure that UK radio services are available and easy to access, without undue interruption, on devices such as smart speakers.

It is with that support in mind that I wish to ask the Minister how he plans to ensure that these measures are futureproofed, as I know that is something that Radiocentre and the BBC have raised, too. For example, does the Department have any plans to extend the regime where necessary, for instance, to include car entertainment systems? Further, despite the rapid growth of podcasts and online-only radio, these forms of audio are not covered by the Bill’s protections. Does the Minister believe that that, too, should be kept under review?

Although I support these measures, I know that the likes of TuneIn, TechUK, and Google, which I met last week, have shared some concerns over this section. Again, I am pleased that the Department has taken on board some of the important recommendations made by the Culture, Media and Sport Committee to ease some of those concerns. However, I would still be keen to hear from the Minister on what work the Department has carried out to ensure that smart speaker platforms are able to prepare internally for carrying radio services through their preferred routes. It is vital that radio is protected in light of changing listening habits, and, in order for this regime to be successfully implemented, there must be proper engagement with platforms and technology stakeholders to ensure that they are able to comply.

Although the Media Bill is overdue and in need of some clarifications and adjustments, I am very pleased to welcome it today. I look forward to working closely with Ministers and Members from across the House on ensuring that we seize this once in a generation opportunity to update media regulation, and create the change needed to ensure the future of our brilliant British TV and radio.

Media Bill (First sitting)

Stephanie Peacock Excerpts

Committee stage
Tuesday 5th December 2023 Public Bill Committees

[Hywel Williams]

I thank the hon. Member for that point, and I will refer to it if I am lucky enough to be called to talk on the relevant provision later. Welsh programmes are available on all kinds of platforms, but a large number of Welsh-speaking people in England, for example, cannot see programmes in Welsh, because those are not available digitally to the extent I would want. As one would imagine, people have found a way around that, but for the language to prosper and thrive and for provision to be right across the available platforms, we must move forward, and I will speak to that later.

[Stephanie Peacock (Barnsley East) (Lab)]

It is a pleasure to serve under your chairship, Mr Vickers, and to welcome the Media Bill as it enters a new stage in its passage. Before I begin, I refer hon. Members to my entry in the Register of Members’ Financial Interests.

As I said many times on Second Reading, I am supportive of the Bill on the whole; I only wish it could have been brought forward sooner after the Government U-turned on their decision to privatise Channel 4. Good progress has been made on the Bill thanks to the excellent work of the Culture, Media and Sport Committee, whose recommendations the Government have largely taken on board. That is to the credit of the many interested stakeholders who provided detailed evidence.

It is with that in mind that I have tabled only focused amendments where I feel they are really needed, and I will not unduly dwell on areas where no concerns have been raised. I would like to make as much progress as possible, so that our creative industries can reap the benefits at the earliest opportunity. I look forward to having productive discussions with the Minister and with members of the Committee on both sides of the House in the coming days about how we can ensure that the Bill best achieves its aims and truly secures the future of UK television and radio for years to come.

It is with that in mind that I turn to amendment 39 and new clause 5 on Gaelic broadcasting. Language is a cornerstone of culture; it is not just a way of communicating. Languages are daily expressions of history, reflecting a way of life, values and heritage as they are spoken. The diversity of languages in our nations and regions is therefore a living, breathing expression of the rich identities and traditions that we are lucky to carry with us. Understanding that, however, also requires an understanding that, if we lost a language such as Gaelic or Welsh—if they are not nurtured and passed down through the generations—that rich culture would also be at risk of being lost. With that recognition in mind, I am pleased that we are explicitly discussing the importance of Gaelic at the top of the Bill.

According to the Scottish Government’s Gaelic language plan, census results in 2011 found that, of the population aged three and over in Scotland, 1.7%—just over 87,000 people—spoke, read, wrote or understood Gaelic. While that represented a decrease in the proportion of people able to speak Gaelic in most age groups since 2001, there was actually an increase among those under 20 years old. That is perhaps due in part to Scottish Government initiatives to encourage Gaelic education, including the Education (Scotland) Act 2016, which gives parents the right to ask their local authority to provide a Gaelic-medium education for their child.

In order to nurture a language, however, progress cannot be limited to education. There must be cultural opportunities surrounding the language too, and Gaelic broadcasting can and should play an important part in that. Indeed, BBC Alba—the Gaelic-language television service launched in 2008 as part of a partnership between MG ALBA and the BBC—is a huge asset to Gaelic culture, providing a wide range of high-quality Gaelic programming for speakers to enjoy. I was pleased to meet representatives over Zoom a few weeks ago.

MG Alba is also of economic importance, sustaining around 340 jobs, half of which are in economically fragile areas. The Government have acknowledged that contribution on multiple occasions, saying that MG ALBA makes a hugely valuable contribution to the lives and wellbeing of Gaelic speakers and recognising that certainty over the future is important for MG ALBA if it is to continue to deliver in that way. The fact that Gaelic broadcasting is recognised for the first time in the public service remit in clause 1 of the Bill is therefore welcome.

However, as was mentioned several times on Second Reading, the Bill, and legislation more broadly, seem not to recognise Gaelic-language broadcasters in the way they do S4C in the Welsh language, despite apparent cross-party support for doing so both here and in Scotland. That is not to dismiss the importance of the provisions made for S4C or to say that the situations of the Gaelic and Welsh languages are comparable—there is currently a much larger population of Welsh speakers than of Gaelic speakers—but it seems to be a disparity that MG ALBA, for example, is not mentioned in the legislation at all. Indeed, there is somewhat of a cycle of reinforcement here: if having fewer Gaelic speakers means there is less provision for Gaelic programming, then less Gaelic programming may in turn mean there are fewer Gaelic speakers. Conversely, a boost for Gaelic broadcasting could be hugely beneficial to the language as a whole. That is something new clause 5 and amendment 39 seek to highlight.

Amendment 39 tries to address the problem by directly rectifying disparities in quota requirements. Specifically, a quota requires the BBC to provide S4C with at least 10 hours of Welsh-language programming per week, but no such quota exists—not even at a lower level—for Gaelic broadcasting. The amendment tries to mirror that requirement with a similar measure for content in the Gaelic language. There is more to be done to understand how we can best incorporate quotas and support for Gaelic services in existing legislation, which is why the new clause I have tabled looks to review the status of Gaelic services in legislation in the round.

I want to be careful to make sure that there is enough flexibility in the legislation to ensure that any future changes and partnerships in the area of Gaelic broadcasting are accounted for. However, I am supportive in principle of the idea of ensuring that there are regulatory and legislative measures in place that give Gaelic broadcasting the status it deserves. That may well be the start of a minimum level of content being available in the Gaelic language.

I anticipate that some might say this particular measure is not necessary given that, for the first time, the public service remit now acknowledges the importance of providing content in minority languages, which I of course welcome. However, as the hon. Member for Aberdeen North has argued, without a definition of “sufficient quantity” of content, there is a risk that that inclusion will not result in the kind of tangible change and assurance needed to ensure the growth or even maintenance of minority language content. I therefore support the idea that “sufficient” should be better defined, whether that be through legislation, Ofcom or elsewhere, so that the provision can be truly enforced and upheld.

New clause 5 takes a more holistic look at the ways in which the Bill fails to address Gaelic broadcasting and suggests an assessment be made on whether giving a Gaelic language service a remit as a public service broadcaster might be suitable. That would be an opportunity to look at how we can ensure the statute catches up with events—BBC Alba did not even exist when the Communications Act 2003 was passed—and would reflect Parliament’s will for there to be an enduring television service in both Welsh and Gaelic. Further, it would provide a chance for Government, Parliament and Ofcom to view the Gaelic service as something to be acknowledged in reference to its own needs, benefits and missions, rather than only being considered as a small part of the wider BBC portfolio.

For instance, just a few days ago Ofcom published its sixth review of BBC performance, and mentions of a Gaelic service totalled four lines in an 80-page report. That comes from the need to assess BBC Alba only as a BBC portfolio service, as that is what the BBC operating agreement does. Given, however, the importance of the service to Gaelic speakers, it would be appropriate to see it acknowledged and assessed as such, irrespective of whether the service remains tied to the BBC. Indeed, new clause 5 is not prescriptive, and recognises that although the partnership between BBC and MG ALBA has been working well, this may not always be the preferred set-up for either or both parties involved. Therefore, with future-proofing in mind, it simply looks to provide an opportunity for Gaelic broadcasting to be recognised in its own right, whatever form that might take.

I hope the Minister might be able to lend his support to the new clause, but if he chooses not to, I would like to hear from him on the measures the Department is taking to support Gaelic broadcasting in the way it deserves and needs. This should matter not only to those who speak Gaelic and will enjoy the content, but to our society as a whole, as we look to keep alive the unique culture and heritage of all our nations.

--- Later in debate ---

[Kirsty Blackman]

Absolutely. If there were a requirement for more broadcasting, not just outside the M25, and for looking at population share, even reporting on spend and population share, there would be clarity and transparency about that spend, and whether it is anywhere close to population share. I think that public sector broadcasters would have a look and think, “Actually, we could probably do better than this. We could produce more content that is more exciting and relevant to people across all of these islands, produced in places with incredibly diverse scenery and people taking part in it.”

As for the Government’s position on levelling up, a fairly general statement on content produced outside the M25 is not going to cut it. It will not bring about levelling up or an increase in broadcasting in places that do no currently see significant amounts. As I said, I appreciate that the Minister and his Government are trying with the outside-the-M25 quota, but it could be done better in order to encourage more content, or at least transparent reporting on the level of broadcasting, spend and content creation in various parts of the UK. As expected from an SNP MP, I have highlighted Scotland, but many parts of these islands could make a pitch for more content to be made in their area, or at least reporting on the level of spend and content created in each region.

[Stephanie Peacock]

Not too long ago, just after the Scottish Affairs Committee concluded its important inquiry into the topic, I was joined by colleagues in Westminster Hall to talk about Scottish broadcasting. One of the biggest takeaways from the debate was just how important the sector is to people.

Scottish broadcasting brings communities together. It promotes pride in place and strengthens local economies. For those reasons, and many more, I strongly believe that Scottish broadcasting can and must continue to form a vital piece of the puzzle in the UK’s creative sectors. Indeed, Scotland is already a popular destination for broadcasters. Not only is it home to Amazon, but the BBC and Channel 4 operate there alongside STV, which in 2021 reached 80% of Scottish people through its main channel. Content made in Scotland often represents Scottish people’s lives and the diversity within them. That sort of representation matters. I know, for example, that it was exciting for many when the first Scottish family finally appeared on “Gogglebox”.

I am very sympathetic towards the aspect of the amendment that looks to ensure that the level of content made in and for Scotland is proportionate to the number of people who live there. However, I have questions about the mechanism used to achieve that. For example, what are the implications of directly attaching spend to population? How would population be measured and how frequently, and how would that impact the legislative requirements to match it? I wonder whether this issue could be better addressed through individual channel remits. For example, both the BBC and Channel 4 have existing nation quotas. Perhaps it would be better to focus on that rather than insert a strict spend requirement, tied to population, on the wider remit.

I would like to show my support for Scottish broadcasting, but further investigation might be needed into how we can best ensure that there is a comprehensive and holistic package of regulation and legislation to secure its future.

[Sir John Whittingdale]

I start by agreeing with both Opposition spokesmen about the importance of supporting the production sector outside London and across every region and nation of the United Kingdom. The growth of the independent production sector outside London has been a phenomenal success in recent years, and we now have very strong companies in all parts of the UK. That is shown by the fact that since 2010, PSBs’ production spend allocated to programmes outside London has increased from 39% to over 50%, with ambitions to go even further. For instance, the recent publication of the BBC’s “Across the UK” strategy commits it to increasing the proportion of its own TV production budget outside London to 60% by 2027.

The amendment tabled by the hon. Member for Aberdeen North focuses on Scotland, where production spend is now worth over £266 million, supported by developments including the opening of a Channel 4 creative hub in Glasgow in 2019. As I say, the BBC’s “Across the UK” strategy includes commitments to expand its production studios within the city.

--- Later in debate ---

Amendment, by leave, withdrawn.

[Stephanie Peacock]

I beg to move amendment 19, in clause 1, page 3, line 13, at end insert—

“including education, entertainment, music, arts, science, sports, drama, comedy, religion and other beliefs, social issues, matters of international significance or interest and matters of specialist interest.”

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

[The Chair]

With this it will be convenient to discuss the following:

Clause stand part.

Clauses 2 and 7 stand part.

New clause 1—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.

[Stephanie Peacock]

On the whole, I am pleased to welcome the clause, which looks to simplify the public service remit, and to allow broadcasters to contribute to the remit with programmes that are made available on a wider range of services, including their on-demand service.

Clause 1 makes an important attempt to simplify the public service remit. Currently, the remit consists of a set of purposes that public service television must fulfil in accordance with a different set of public service objectives. The Bill condenses those requirements, so that the PSB remit is considered fulfilled when providers together make available a wide range of audiovisual content that meets the needs and satisfies the interests of as many different audiences as possible. A list is then provided, setting out the types of content that can form part of such a contribution.

That simplification is, on the whole, a welcome idea, and the inclusion of minority language services and children’s programming in the remit is is great to see. However, the Voice of the Listener & Viewer, the Media Reform Coalition, the International Broadcasting Trust and others have expressed concerns that the simplified format has been coupled with the removal of requirements for public service broadcasters to provide specific genres of content.

When the Government first released the “Up next” White Paper that preceded the Bill, it made no mention of references to genres such as entertainment, drama, science and religion being removed from the remit, as they have been in the Bill. Content from those genres is important to people, and has huge societal and cultural value. If we remove explicit reference to them in the remit, there is a risk of less programming in those areas, particularly where they might be of less immediate commercial benefit. That is surely contradictory to the aim of having a public service broadcaster, which is fundamentally to ensure that public benefit is balanced against purely commercial interests.

The change is especially concerning at a time when, commercially, there is more choice than ever before in popular genres such as entertainment and drama, and less choice when it comes to dramas that provide diversity and difference for UK audiences. This would not be the first time that a reduction in requirements for PSB content led to a decline in culturally valuable content. As the Select Committee on Culture, Media and Sport highlighted in its report on the draft Bill, Ofcom identified how provision of non-animation programming for children became limited outside the BBC after the quota for children’s programming was removed.

I am pleased that the public service broadcasters have issued reassurances that the new remit will not significantly impact programming in the removed areas, and I am glad that, since its draft version, a small protection has been added in the Bill to secure

“an appropriate range of genres”.

However, the removal of references to specific genres is still a concern, even after these reassurances and amendments. Indeed, if there is no clear specification of what counts as a “range of genres”, there is no guarantee that Ofcom will monitor the amount of content in each of the removed genres. Without such monitoring, falls in provision will be difficult to identify and rectify.

It is with that in mind that I proposed amendment 19, which would ensure that public service content continues to be provided across a range of genres, including entertainment, drama, science, and religion and other beliefs. Further to that, in combination with the powers in clause 10, the amendment would enable Ofcom to properly monitor those genres and make proper suggestions, where content is lacking.

I want to be clear that this addition is not intended to change the nature of the remit, so that the issue would be covered by the PSBs as a whole. I understand that it is not, and should not be, the responsibility of each and every individual public service broadcaster to hit each and every one of the remit requirements, and that is no different for the provision of genres. For example, ITV provides nations’ and regions’ news in a way that means it is not realistic for it to meet some of the other obligations; those are then covered by the likes of Channel 4 and Channel Five, which do not provide the same level of news coverage. That sort of balance works well, and I want to explicitly state that I do not propose that every genre would have to be addressed by every provider. I hope that, bearing that in mind, the Minister can take on board what amendment 19 proposes. Simplifying the remit is a good idea, but not if is done at the cost of the kind of content that sets our public service broadcasters apart.

I move on to the other major consequences of clause 1: the changes that allow content provided through a wider range of services to contribute to the remit. This change makes sense as viewing habits start to shift in a digital age. As the Government know, last year, the weekly reach of broadcast TV fell to 79%, down from 83% in 2021. That is the sharpest fall on record. Meanwhile, on-demand viewing increased, reaching 53 minutes a day this year. Having the flexibility to meet the remit through an on-demand programme service is reasonable, given that this pattern is likely to continue for years to come.

In the meantime, online content can also help to deliver content to niche audiences. Indeed, ITV estimates that 3.8 million households in the UK are online only, meaning that they have no traditional broadcast signal. However, it is important to note that, while habits are shifting, a number of households still do not have internet access. Having previously served as shadow Minister for Digital Infrastructure, I have engaged extensively with telecoms providers and organisations such as the Digital Poverty Alliance, all of which have shared their concern and acknowledged that not everyone has access to or can afford a broadband connection. There is a movement to ensure that social tariffs and lower-cost options are available, as well as to improve the roll-out of gigabit-capable technology, so that as many people as possible can be connected.

Regardless of those efforts, there has been and will remain a section of the population for whom broadcast signal is their sole connection to media, news, entertainment and information. It is incredibly important that those people, who are likely to be older citizens, families in rural areas and those struggling with bills as a result of the cost of living crisis, are able to access public service content as usual on linear channels, delivered through a broadcast signal. That case has been argued extensively by the campaign group Broadcast 2040+, which is made up of a number of concerned organisations. We recognise that the direction of travel is that people are watching content online more than ever, but that does not need to mean diminishing content on broadcast linear services, especially where that content caters to a local audience. That belief goes beyond this Bill and ties into wider worries about the impact that a digital-first strategy will have on traditional means of broadcasting, and, as a result, on audiences.

It has been four months, for example, since the BBC decided to replace some of its vital and unique local radio programming with an increase in online journalism, which has been to the detriment of local communities up and down the country. That decision was made without consulting the communities that would be impacted, and it could easily be repeated in other areas, since there is nothing to stop many more services being axed in favour of online services. This is not to say that there will be no decline in audiences in the years to come as the rise in online content consumption continues, but no co-ordinated effort has been made to ensure that our infrastructure is ready for a mass movement toward online broadcasting. That effort must be made before such a transition takes place. The consequences for the internet capacity that will be needed to cater for spikes, and the implications for national security in a world where TV and radio are no longer methods of communication between the Government and the public, have not been thought through. As long as that remains the case, we must think of those for whom internet connection is not an option. That is why I tabled a new clause to protect the provision of high-quality content on linear services.

The new clause would introduce a safeguard, so that if Ofcom believes that the delivery of PSB content on broadcast linear services is less than satisfactory, it will have the powers needed to set a quota—to ensure that a certain proportion of public service content remains available to linear audiences through a broadcast signal. In short, quality content should remain available to those families up and down the country who rely on their TV rather than watch online content. The new clause makes no prescriptive requirements on how that should be achieved; nor does it set a specific figure for how many programmes must be available to a certain percentage of people. It simply allows Ofcom to monitor the effect of the Bill, which allows PSB content to be delivered online, and allows Ofcom to intervene with such measures as it sees fit if the new remit has unintended negative outcomes.

As well as encouraging him to accept the new clause, I urge the Minister to update us on whether the Government intend to support linear broadcasting beyond 2034. If they do not, what plans are they putting in place to manage a possible transition away from linear services? We have simply not heard enough about this from the Government, and I would be grateful to hear today what the Department’s position is and what work it is already doing on this.

Finally, I come to the rules that state that for on-demand content to count toward the remit, it must be available for at least 30 days. In the draft Bill, public service broadcasters including ITV and the BBC raised concerns that that minimum period was not appropriate for every type of content, because on-demand rights in certain areas, especially sport, news and music, often mean that such programmes are available for limited periods. It is welcome that those concerns are recognised in the Bill, and that an exemption is being introduced for news programmes and coverage of sporting events. Did the Department consider adding programmes covering music events to the list of exemptions? If it did, why was the decision made not to do so? Overall, I support a simplified remit, and the change in clause 1 that allows online content to count toward the remit, but further safeguards around certain genres of content and linear television are needed to protect against unintended or negative consequences.

I am broadly happy with clauses 2 and 4, which are consequential to clause 1. Clause 2 updates Ofcom’s reporting requirements to reflect the changes being made; likewise, clause 7 makes consequential changes to section 271 of the Communications Act 2003. On those issues, I refer Members to my remarks on clause 1 as a whole.

[Kirsty Blackman]

I want to pick up a couple of points relating to clause 1 that I have not mentioned yet, but that the shadow Minister has mentioned.

I am happy to support the provision in new clause 1 that would ensure that public service content is available on linear TV, but I do not think it goes far enough, and it does not add much to Ofcom’s requirements. The same concerns arise around matters such as “significant prominence”. The Minister said from the Dispatch Box on Second Reading that the move away from broadcast terrestrial television would not be made until the overwhelming majority of people in the UK were able to access television by other means. I hope that is a fairly accurate version of what he said. I am concerned that the phrase “overwhelming majority” is also not specific enough, although I appreciate the direction of travel that the Minister was indicating with that remark. My concern, like the shadow Minister’s, about the potential removal of terrestrial TV and non-digital output is for the groups who would be significantly disadvantaged by that loss.

--- Later in debate ---

[Sir John Whittingdale]

I am very happy to provide the hon. Lady with a written briefing on exactly how the powers can be used.

New clause 1 would put a specific duty on Ofcom to report on how public service broadcasters deliver the public service remit. We agree that that is very important, but we think that the Bill already achieves that. Clause 1 amends section 264 of the Communications Act to put a responsibility on Ofcom to review and report on the extent to which public service broadcasters fulfil the remit. Regarding the specific requirement of delivery of the remit on linear, I think that we are straying into the territory of debate on the next group, about how long viewers should be able still to rely on digital terrestrial television. I am very happy to debate that, but I think that discussion that is more appropriate to the next grouping.

The hon. Member for Aberdeen North raised a specific question about how the measurement of the 30 days requirement should operate. I can assure her that the broadcaster would certainly not be able to pick out individual days and put them all together to make up that 30. It is 30 consecutive days starting from the day that the content is first made available.

I believe that the clauses that we are debating represent a modernisation that will ensure that public service content remains at the heart of our broadcasting landscape but is modernised to take account of the extraordinary transformations that are occurring. On that basis, I commend clauses 1, 2 and 7 to the Committee, but I would, I am afraid, be unable to support new clause 1 or, indeed, amendment 19.

[Stephanie Peacock]

I appreciate the Minister’s comments on amendment 19, but it still remains the case that, without clear specifications as to what counts in the “range of genres”, there is no guarantee that Ofcom will monitor the levels of content in each of the removed genres. Without such monitoring, it will be very difficult to identify whether there is a reduction and to rectify that. With that in mind, I would like to press amendment 19 to a vote.

Question put, That the amendment be made.

--- Later in debate ---

[Stephanie Peacock]

As I outlined during the discussion about my new clause 1, it is incredibly important that we recognise the value of broadcast television services and ensure that they are available where needed, particularly when thinking about making public service content available to as many people as possible. Indeed, the Government have themselves highlighted that millions of households in the UK still rely on broadcast television as their form of access to visual content—a trend expected to continue over the next decade.

Furthermore, unlike internet streaming services, PSB content on terrestrial TV does not require a strong broadband connection or rely on monthly subscription fees. Such content is primarily relied on by those already marginalised in society—people on the lowest incomes, people of an older age and those in isolated rural areas. There is a higher population of such people in Scotland given its increased rurality, island communities and comparatively older population, so I understand and support the reasons why the amendment has been tabled. It wants to ensure the future of terrestrial services for those who need them. That is particularly important because, as we have discussed, under the Bill on-demand content can now contribute to public service remits. That is the right move but it should come with safeguards for content on terrestrial TV, which is what my new clause seeks to address.

A host of implications are not being properly considered when digital-first plans are put forward in the Bill for broadcasting. If we move away from broadcast services prematurely, there will be huge implications for telecoms operators, who will have to handle unprecedented surges in internet traffic. For example, if everyone watched the World cup final online rather than on their broadcast TV, the infrastructure would need to be strong enough to carry that. Without due preparation and regulation, questions may arise about how that would be funded without costs being passed on to consumers and without raising bigger questions on topics such as net neutrality.

As we have discussed, there are also national security implications to moving away from broadcast infrastructure in its entirety. How would local and national Government communicate with the public if the internet was down due to an emergency situation? With all that in mind, we need to consider the future of our broadcasting landscape and the important role that terrestrial television will continue to play in the years to come.

I am unsure, however, whether the amendment is right to be so prescriptive in legislation about the percentage of the population who must be reached through digital terrestrial television, particularly given the rapid advances in technology taking place around us. There are already statutory obligations in the Broadcasting Act 1996 that feed into broadcast and multiplex licences, which require the likes of ITV to use DDT on the UHF frequencies to broadcast. Those obligations mean that 98.5% of the population are able to receive broadcast television.

However, although the current infrastructure broadly allows for 98.5% reach, I do not believe that is a precise enough figure or a stable enough measurement to warrant requiring it specifically in legislation; if the Bill wants to be future-proofed and recognise the importance of terrestrial television, I am not sure that quite strikes the balance. I hope the Minister takes on board the strength of feeling on this issue and seeks to ensure that the public service content remains available up and down the country. I also hope the Department puts a future plan in place that really considers the importance of broadcast services and of the certainty over the future that that could provide these services and the people who rely on them.

[Sir John Whittingdale]

I want first to make it clear that the Government remain committed to the future of digital terrestrial television. We absolutely accept that millions continue to rely on it. We have already legislated, as hon. Members know, to secure its continuity until at least 2034 through the renewal of the multiplex licences. Obviously, I understand that the Opposition would like to go further and give a commitment going beyond 2034, and the amendments are tabled with that purpose in mind.

I said “overwhelming majority” on Second Reading, because I do not want to be tied down to a specific figure, particularly when we are now looking 10 years ahead, but I repeat that it would be a brave Government who switched off DTT while there was still a significant number—even a small number—of people relying on it.

[Stephanie Peacock]

Since the Minister is not willing to commit to going further than 2034, will he outline when he will make a decision on whether he will extend it past 2034? If not—this is quite important—what plans are the Department putting in place to ensure any future transition takes place effectively?

[Sir John Whittingdale]

I am happy to say a little more about what the Department is doing. First, the hon. Member for Aberdeen North is absolutely right that broadband availability is one of the factors that would need to be taken into account. I also have ministerial responsibility at the moment for digital infrastructure, and I can confirm to her that the Government remain committed to the universal availability of gigabit broadband by 2030; if we achieve that target, that is one factor that will have been met. There is also the availability of low-cost tariffs, and I agree with her about the importance of those.

The hon. Lady also talked about resilience. Resilience is important, but it is worth bearing in mind that the Bilsdale transmitter fire was not that long ago—that took out DTT for a significant number of people for quite a few months. Every technology is subject to occasional risk, and that was a rather more dramatic one.

On getting vital messaging across, I gently say to Opposition Committee members that radio is, of course, available through a variety of different technologies as well as television.

[Stephanie Peacock]

The fire that the Minister referenced really outlined how important linear television is to many parts of the country. Actually, the further north we go, the more communities rely on it. In that particular case, I think that a prison was affected as well as a number of older people. It is a good example of how important terrestrial TV still is to many in the country.

[Sir John Whittingdale]

We completely recognise that terrestrial TV is important to many in the country. I was in my second incarnation as a Minister at the time of the Bilsdale fire, and I talked to Arqiva about the importance of restoring services as rapidly as possible. A very large number of people were left without the ability to access information, entertainment and all the things that people rely on television to provide.

Looking forward, as hon. Members may be aware the Secretary of State recently announced that the Department is going to carry out a new programme of work on the future of television distribution. That includes a six-month research project working with a consortium led by the University of Exeter, looking at changing viewing habits and technologies. We have also asked Ofcom to undertake an early review on market changes that may affect the future of content distribution. I am very happy to keep the House updated on those. That will be looking at all the various factors that would need to be taken into account.

I make one final point about amendment 37. It puts a particular requirement on channel 3 licensees to use particular standards for compression technology. As with all technologies, the standards for television distribution will change over time. We want to ensure that there remains flexibility, so restricting channel 3 to a particular use of one technology would be severely limiting and actually be contrary to precisely what the Bill is designed to achieve.

Media Bill (Second sitting)

Stephanie Peacock Excerpts

Committee stage
Tuesday 5th December 2023 Public Bill Committees

[Sir John Whittingdale]

I welcome you to the Chair, Mrs Cummins. Clause 3 amends section 265 of the Communications Act 2003 to update public service remits of licensed public service channels to make clear that the high-quality and diverse programmes they make available must themselves contribute to the public service remit and together represent an adequate contribution. In line with the changes made by clause 1, it allows licensed public service channels to fulfil their remits by using a wider range of services.

Government amendment 1 ensures that when a public service broadcaster is required to fulfil the public service remit for a given channel, and that remit is to make available content, then it is the public service broadcaster that should be making that content available, either themselves or through others. That point of detail was arguably included in the Bill at its introduction, but we felt it necessary to bring forward the amendment in order to put this matter beyond doubt. It is a technical amendment, and I hope the Committee can support it.

[Stephanie Peacock (Barnsley East) (Lab)]

I too welcome you to the Chair this afternoon, Mrs Cummins. As well as the remit covering all the public service broadcasters, there also exist separate remits covering the activity and content of each individual channel. The channel remits are important, as they ensure that the specific aims of each channel are clear in the context of the wider contribution these channels must make as a whole.

Section 265 of the Communications Act 2003 sets out the specific remit for channel 3, Channel 4 and Channel 5. As will become the theme in coming clauses, only channel 3, Channel 4 and Channel 5 are dealt with by this clause, with many of the same changes to the BBC and S4C made later on in the Bill due to their differing arrangements. In any case, section 265 ensures that channel 3 and Channel 5 must provide a range of high-quality and diverse programming. Meanwhile, Channel 4 has an extended remit that requires its programming to: be innovative, creative, experimental and distinctive; appeal to the tastes and interests of cultural diversity; include a significant contribution to meeting the need for education programmes; and exhibit a distinctive character.

The clause amends section 265 to update the remits. First, it makes clear that the high-quality and diverse programmes they make available must themselves make an adequate contribution to the wider public service remit. This is sensible, as it makes it explicitly clear how the individual channels will feed into the broader remit. Secondly, the clause allows public service broadcasters to fulfil their channel remits by means of any audio-visual service, echoing changes made in clause 1 that allow for on-demand programming to count toward the wider remit.

While I believe it is important we see public service programming on linear services protected, it makes sense that as on-demand viewership increases, channel remits should be given the same flexibility as was provided for the wider remit in clause 1. I therefore welcome the clause and the clarification it provides for each channel and the consistency it ensures for the new public service remit as a whole. I understand that amendment 1 is largely a technical clarification that specifies that audio-visual content contributing to a channel remit must be content made available by the provider of that channel. This seems to be a very sensible tidying up of phrasing.

Amendment 1 agreed to.

Clause 3, as amended, ordered to stand part of the Bill.

Clause 4

Statements of programme policy

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

[The Chair]

With this it will be convenient to discuss clause 5 stand part.

[Sir John Whittingdale]

Section 266 of the Communications Act 2003 puts a duty on Ofcom to require providers of licensed public service channels to prepare statements of their programme policies that set out how they intend to fulfil their individual channel remits. Currently, these statements must only be prepared in relation to the content provided by public service broadcasters on their traditional TV channels. Clause 4 amends section 266 of the 2003 Act. It expands these statements to reflect that the fulfilment of the public service remit could now include, as set out in clause 1, content delivered by on-demand services.

Going forward, the providers of licensed public service channels—channels 3, 4 and 5—must set out in their statement the services they are using to contribute to the fulfilment of the public service remit and explain how each service is contributing. The publication of these statements is important to allow proper scrutiny of our public service broadcasters.

Clause 5 of the Bill, which is grouped with clause 4, amends section 267 of the 2003 Act to update the definition of “a significant change”, so that it would apply if any of the services that a licensed public service broadcaster is using to deliver its remit—not just the main channel, as before—were to become “materially different in character”. For example, this will include on-demand services as well as the traditional TV channels. And like the previous clause, clause 5 will ensure that these statements continue to allow scrutiny of all the ways that the public service remit is fulfilled.

[Stephanie Peacock]

Clause 4 amends requirements on channels 3, 4 and 5 to report on how they intend to fulfil their channel remit. Indeed, due to clause 3, these channels will now be able to meet this remit using qualifying audio-visual services, including both linear and on-demand programmes.

As a result, licensed PSBs will now have to set out in their statement of programme policy which audio-visual services they use to fulfil their channel remit, as well as the contributions that each service will make. This is a necessary change to ensure that reporting standards, and as a result the standards of public service TV, do not slip or falter as a result of the changes made by clause 3.

However, making this change will also be beneficial, as it will help Ofcom to build a clear picture of how the new rules are being used and whether they are working effectively to serve both linear and on-demand audiences. Therefore, as a result of both the necessity for and benefit of clause 4, I am happy to welcome it.

Similarly, clause 5 makes further updates to the reporting requirements on channels 3, 4 and 5. Currently, public service broadcasters must make changes to their statement of programme policy if their public service channel makes “a significant change”. “A significant change” is defined in the 2003 Act as the channel becoming

“materially different in character from in previous years.”

To reflect the new rules, which will mean channel remits can be met by services beyond the public service channel, clause 5 updates the definition of “a significant change”, so that it will apply if any of the services that a licensed public service broadcaster is using to deliver its remit becomes “materially different in character”.

Widening the scope of the 2003 Act to include more than just the public service channel is sensible and necessary in relation to the changes made in clause 3 and, as such, I welcome the inclusion of clause 5 in the Bill.

Question put and agreed to.

Clause 4 accordingly ordered to stand part of the Bill.

Clause 5 ordered to stand part of the Bill.

Clause 6

Enforcement of public service remits

[Stephanie Peacock]

I beg to move amendment 20, in clause 6, page 8, line 21, at end insert—

“(2A) In subsection (2)(a), after “serious”, insert “, or at risk of becoming serious””.

This amendment would lower the threshold for Ofcom’s intervention if it considers that a public service broadcaster has failed to fulfil its remit.

[The Chair]

With this it will be convenient to discuss clause stand part.

[Stephanie Peacock]

Clause 6 is another example of necessary changes being made to the Communications Act 2003 to reflect the changes in clause 3. Indeed, since public service broadcasters can now use on-demand services to deliver their remit, Ofcom’s power to consider whether such a broadcaster has failed to fulfil its remit must be adjusted accordingly, so that on-demand services can be taken into account.

Likewise, it is right that Ofcom will be able to make directions and impose licence conditions that apply to audio-visual services, ensuring that its enforcement and monitoring now reflect the new flexibility in the remit. I therefore welcome the premise of this clause.

However, I want to speak briefly about Ofcom’s enforcement powers more generally with reference to amendment 20. Given the increased flexibility that public service broadcasters have been given in meeting their remit, concern has been raised about the strength of Ofcom’s position in being able to step in when things look as though they may go wrong. The British Association of Public Safety Communications Officials and Ofcom can step in only when failure to meet the remit is considered to be serious; and any failure is not excused by economic or market conditions. That seems to be an unreasonably high threshold for intervention that does not allow for preventive action to take place in order to stop an issue becoming serious in the first place.

As the Culture, Media and Sport Committee highlight in its comprehensive report on the Bill, enabling Ofcom to step in earlier if it perceives there is a risk of a breach becoming serious would not only protect the integrity of the new regime but increase public confidence that the new remit would not come with a decline in standards. Ofcom itself has also recognised that, saying in its submission to the Committee that,

“it is important that this flexibility is accompanied with appropriate ‘step in’ powers so the commercial and PSB incentives remain effectively balanced.”

Further, we will speak many times during the passage of the Bill about how important it is for Ofcom to be empowered as a result of it. Indeed, many of the new regimes in the Bill are reliant on Ofcom being able to act confidently in enforcement. As such, it must be given the tools to intervene where needed across the board. Therefore, my amendment proposes that section 270 of the Communications Act is updated to lower the threshold at which intervention can take place in the case of remit breaches. The phrase “is serious” will be adjusted to “is serious or at risk of becoming serious”, thus ensuring that Ofcom can remedy any failures efficiently and in good time. Indeed, it is not my hope that that power will have to be used on a regular basis; there is every reason to believe that the public service broadcasters will continue to do their best to deliver on their remit for UK audiences. However, should that not be the case, it is important that we do all we can to mitigate any failure. I ask for Committee members support for this amendment.

[Andy Carter (Warrington South) (Con)]

Can the hon. Lady give the Committee any examples of when Ofcom has been unable to act with its current powers against public service broadcasters in the linear world? She talks about making changes for the digital world, but are there current examples where Ofcom is concerned?

[Stephanie Peacock]

I do not believe so, no, but obviously the Bill is changing, and giving more powers to, Ofcom. Like any regulator, it needs to be able to enforce them properly; so it is really a preventive measure. We hope that the Minister will take the amendment in the spirit in which it is put forward.

[Kirsty Blackman (Aberdeen North) (SNP)]

I rise briefly to support the amendment. This changes the remit requirements on public service broadcasters. I do not think that anyone is disagreeing with some of the changes that are being made. It makes sense for the public sector remit to be able to be fulfilled on some of the on-demand services, for example, in a way that currently they are not. However, the concerns that were raised earlier around genres, for example, are not written into the Bill. There is a requirement for there to be a range of genres but those definitions are no longer included. The system will probably need to bed in; it will probably take a bit of time. I agree with the shadow Minister that we do not expect public service broadcasters actually to create serious risk or enter this situation. If they do, though, I believe it is better for everyone for Ofcom to be able to intervene at an earlier point, for a number of different reasons.

If Ofcom can intervene earlier and is empowered and asked to do so, it will be cheaper, easier and quicker to sort out the issue. If it can act only once the issue is serious enough, then undoing that harm is difficult. Stopping the harm is better for the general public, better for the broadcasters, better for the staff who work within those broadcasters, and better for Ofcom, which will have to spend less time clearing up a mess and ensuring that a mess can be cleared up.

On the empowerment that it gives to Ofcom, I agree with the shadow Minister that it will not be used terribly often, but it does give Ofcom sufficient power to say to the broadcaster, “Things are not going right here. We think there is a risk of things becoming serious, so we would like you to make some changes,” particularly when some of the quotas have been removed, for example, or some of the requirements for genres have been changed. It is going to take a while for the system to work as intended. The Government do intend it to work—I have no doubts that that is the case—but Ofcom needs to be empowered to ensure that it can do that.

--- Later in debate ---

[Sir John Whittingdale]

We are about to debate the fact that individual channels will be subject to some quotas. There are also the statements of programme policy that Ofcom will be required to approve. Having said that, Ofcom will reach a judgment on delivery of the remit, looking across the broad extent of public service broadcasting. Ofcom will be able to make it clear if it thinks a particular genre has not been sufficiently provided either by an individual public service broadcaster or, indeed, across the whole range of public service content. It will be for Ofcom to determine that, but I believe the Bill gives it that ability.

[Stephanie Peacock]

Throughout the Bill, we are giving more powers and responsibility to Ofcom. The amendment speaks to the idea that prevention is better than cure. I do not agree with the Minister’s interpretation; indeed, the Select Committee spoke of the matter and the amendment echoes that. However, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 6 ordered to stand part of the Bill.

Clause 7 ordered to stand part of the Bill.

Clause 8

Quotas: independent productions

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

[The Chair]

With this it will be convenient to discuss clauses 9 and 14 stand part.

[Sir John Whittingdale]

Clauses 8 to 17 make amendments to the current system of quotas, which I will discuss in this group and the next.

Quotas are an important tool to ensure that public service broadcasters produce an appropriate range of content. Unlike the public service remit, which is judged by Ofcom in regard to the PSBs as a whole, quotas allow Ofcom to put licence conditions on specific public service broadcasters to ensure that they make available certain types of content. That is how we can ensure an appropriate balance of key types of content, such as news and current affairs, independently produced content and original content. It is worth stressing that such requirements are floors, not ceilings, and that PSBs routinely exceed them, often by a considerable margin.

Section 277 of the Communications Act sets out a minimum proportion of broadcast hours that must be independent productions. It is set at 25% for each of the licensed public service channels. Clause 8 amends this to change the way in which the provider of a licensed channel may deliver the independent production quota. In particular, subsection (2) replaces the existing requirement on the

“provider of a licensed public service channel”

to allocate time on the channel to the broadcasting of a

“range and diversity of independent productions”.

Together with clauses 11 and 12, it will allow the requirements to be fulfilled using a public service broadcaster’s designated on-demand programme services to better reflect modern viewing habits.

The subsection also replaces references to a proportion of hours that the provider of licensed public service channels must make available, with reference to a number of hours. The number of hours that each licensed public service channel must include is to be specified by the order of the Secretary of State. Given that this requirement can now be met using on-demand services, it is more appropriate to use the number of hours of content made available as a measurement rather than the proportion of hours.

Subsections (5), (7) and (9) make comparable provision in relation to expenditure quotas for independent productions that the Secretary of State may establish. In setting the new hours-based quota, the intention is for them to be no more or less demanding than the existing 25% quota. We therefore intend to calculate the effective level of the quota over the last five years and replicate that. Of course, in Channel 4’s case, which we will come to later, that will be revised upward to the equivalent of 35% should Channel 4 decide to start a production business.

We believe that the consequence of that provision represents proportionate and reasonable requirements on our public service broadcasters. Of course, it is open to PSBs to go further and exceed their independent production quotas as they do now. Clause 9 makes similar amendments to section 278 of the Communications Act, which provides that a minimum proportion of broadcasting hours must be allocated to original productions. The proportion for each licensed public service channel, as well as the proportion in peak viewing times, is determined by Ofcom. As with clause 8, this clause ensures that the provider of the licensed public service channel can fulfil the quota using their designated on-demand services. That change is achieved by replacing the requirement to allocate time on the channel to the broadcasting of original productions with a more general requirement. Again, it makes provision for this to be measured by duration rather than as a proportion of broadcast hours as it is currently.

Clause 14 relates to the quotas for making programmes outside of London. The Communications Act currently provides that a minimum proportion of programmes made in the United Kingdom have to be made outside the M25 area. Similarly comparable provision is made in respect of expenditure. We debated this earlier, particularly in relation to the effect on production in Scotland and in Wales. Similarly, clause 14, read with the previous clauses, amends the Communications Act to preserve the substance of the provision, but it changes the way in which the provider may deliver their regional production quotas. In similar fashion, it again makes the change to measure the quota in terms of duration, rather than proportion of hours.

Together, these changes modernise our system to reflect the change that has occurred in audience viewing habits over the past 20 years, and ensure that it will continue to be meaningful and delivering value.

[Stephanie Peacock]

Clauses 8, 9 and 14 change the way in which licensed public service channels may deliver their independent production, original production and regional production quotas respectively. In short, they will first be changed to allow qualifying audio-visual services to fulfil this quota, meaning that on-demand and online services can make a contribution. That is the case with both the channel and the wider remit.

As a consequence of this move, the quotas are moving away from having to fill a certain proportion or percentage of content towards being based on a set number of hours of content and spend to be specified by the Secretary of State. I will look at each of these changes in turn, but first I want to emphasise how important the quotas themselves are, because they maximise the contribution our PSBs make to the wider broadcasting sector. For example, as the Minister just outlined, the requirement to have a number of programmes made outside the M25 area recognises the importance of reinvigorating our creative economy beyond simply the south-east. At the moment, our creative economy is densely concentrated in London, resulting in limited opportunities and entry points in the sector in other regions, including my constituency of Barnsley East. Yet, wherever we look in the UK, there is no shortage of culture and creativity. I am very supportive of the modernising and future-proofing of quotas, like those on content outside the M25, so that steps continue to be taken across the broadcasting industry to make use of the creativity that exists in every corner of the country.

--- Later in debate ---

[Stephanie Peacock]

I will speak to each clause in this grouping in turn, starting with clause 10, which enables the Secretary of State to create additional quotas for audio-visual content by licensed public service channels. On the whole, I welcome the clause. In particular, I am pleased that changes have been made to the draft version of the Bill to ensure that the Secretary of State can make regulations only following a recommendation from Ofcom. As the Culture, Media and Sport Committee observed, no explanation was given regarding the circumstances in which it would have been necessary to use this backstop without an Ofcom recommendation. Media regulation is rightly independent from Government through Ofcom, and the adjustment will ensure that there are no concerns about a shift away from that.

On the intent of clause 10 more broadly, in theory, the new power that it provides is important. It is right that Ofcom should be able to mandate new quotas if it believes that audiences are being under-served. This is particularly true given the adjustments in clause 1 that make a number of simplifications to the remit, most notably removing explicit mention of the genres of content that must be provided, including, as we discussed, science, religious beliefs and matters of international importance. However, given that the genres have been removed, Ofcom’s ability to monitor and recognise the gaps is unclear. That creates a sort of paradox: how can Ofcom judge whether audiences are being served properly if it is no longer monitoring the genres of content needed to ensure that there is a good service for those audiences? For that reason, I tabled amendment 19, which would ensure that genres would still be explicitly mentioned in legislation so that could be monitored accordingly. Without such a measure, the clause is at risk of failing to live up to its potential as a backstop measure to ensure that audiences are protected from a fall in quality programming.

Clause 11 underpins almost all the clauses in the first section of this Bill by defining phrases such as make available and “qualifying audiovisual content”. Those phrases allow for on-demand content to count towards remit and quotas, and as such, it is important that they are properly and sensibly defined. I am happy with the definitions on the whole, and it is pleasing that there is also room for additional audio-visual services to be added to the list of qualifying audio-visual content, subject to consultation with Ofcom and the affirmative procedure. That will effectively future-proof the measures in the Bill, subject to proper parliamentary scrutiny.

Clause 12 allows the Secretary of State to make regulations regarding whether content that is made available multiple times—more commonly known as repeats—counts towards production quotas. As I mentioned during the discussion on clauses 8, 9 and 14, some have raised concerns about how changes in this area could impact the ability of public service broadcasters to fulfil their quotas. At present, programmes that have been broadcast before in substantially the same form count towards some of the production quota. Any change, therefore, that results in repeats no longer counting towards those quotas, will mean that the quotas are harder to reach. For example, excluding repeats from counting towards quotas on original content will mean that more original content will have to be produced to meet existing obligations.

However, in the context of on-demand content, which will now count towards quotas, it is unclear how the concept of repeats could possibly be applied. Indeed, when viewing on-demand content, it is usually available 24/7 at the choice of the viewer, rather than run multiple times at the choice of the broadcaster, as is the case on linear. That brings up complex issues relating to how the contribution of repeats will be calculated as counting towards quotas in the digital age, the detail of which will need to be worked out promptly.

I therefore ask the Minister for guidance on how the Department intends to proceed in this area and use the power that the clause will give to the Secretary of State. Will repeats continue to be counted towards quotas on both linear and on-demand content, and if so, how will a repeat be defined on the on-demand service? Ultimately, it is important that the way that repeats count toward quotas and the level of new quotas are considered hand in hand. We must ensure that the quotas remain at levels that are meaningful enough to ensure quality content for audiences and encourage a healthy broadcasting ecology in the UK, while being at a reasonable level, given the economic constraints on the broadcasters.

Finally, I turn to clause 13. As I am sure we will touch on in more detail when we discuss the changes made to Channel 4’s publisher-broadcaster restriction, our public service broadcasters are crucial to the success of the wider UK TV production sector. As stated in the submission from the Producers Alliance for Cinema and Television to the Culture, Media and Sport Committee, PSBs account for 77% of original UK commissions and, as a result, hold immense buyer power in the UK domestic commissioning market. Given their role and bargaining power in the sector, it is crucial that fair principles apply when public service broadcasters commission independent productions. The terms of trade regime, which was established following the Communications Act, has done a good job so far of ensuring that that is the case.

That is not to say that the landscape operates perfectly, and I know that some have raised concern over the rise of super-indies, which may make it more difficult for smaller indies to compete. Overall, however, it is welcome that the clause looks to maintain a successful supply side to the market by ensuring that the terms of trade regime will apply to any qualifying audio-visual content. That is important for the health of the sector as a whole. In particular, it has been welcomed by PACT, which has worked hard at many stages of the Bill to ensure that independent production companies are well represented and do not feel adverse effects as a result of the Bill.

[Kirsty Blackman]

I am pleased that the Minister has confirmed, for all these clauses, that any changes by regulation must be made using the affirmative procedure. Particularly on clause 10—a power he suggested would be used very rarely, if at all, and only if needed—it makes sense, given the level of importance attached to the power that it should have to go through the affirmative procedure to be implemented. I appreciate that the Government have chosen to do that.

It is important that additional services can be added by regulation rather than by primary legislation, particularly when there are continual updates and renewals—on digital platforms especially, we are seeing changes on a very regular basis. As I said, I was on the Online Safety Bill Committee, and it was so important to ensure that that Bill was future-proofed as far as possible. There are potentially on-demand services that we cannot conceive of or genres that currently do not exist that will be a massive part of daily life in a few short years. The Minister has ensured that there is flexibility, in concert with the Secretary of State and Ofcom, and then through the affirmative procedure in the House. I think it is sensible to future-proof the legislation by allowing regulations to be decided on using the affirmative procedure.

The same applies to the requirement of quotas for potential genres or ways that television is delivered that we cannot foresee today. I agree with the points made by the shadow Minister, the hon. Member for Barnsley East. It is important to look at what happens with repeats and to ensure that everybody is clear about what happens. I probably do not have a firm view of how those should be judged, but I do have a firm view that everybody should understand how they are judged, and people should understand it in advance, so that they know what the expectations are of them.

A clear definition of what a repeat looks like on an on-demand service is important. If something is available for 30 consecutive days, goes away for a day and then comes back for 30 consecutive days, would that be a repeat, or would it not? Would it be included in the quota? It is important that some of the public service broadcasters that are producing this stuff can take it down so that they can sell it abroad for a period of time if they need to in order to generate some income. As long as it is on the service for a length of time here—they are required to include it for those 30 days, for example, or longer—I think it is perfectly acceptable for them to use some of the productions to gain some cash to continue to produce their excellent programmes.

--- Later in debate ---

Clause 16 is different. It repeals section 296 of the Communications Act, which makes provision for a quota in respect of schools programming on Channel 4. The Government recognise that schools programming is very important, but the quota is currently set at 30 minutes per year and has been at that level for some time. We do not believe that a quota set at that level is meaningful, so we propose to repeal it. In the light of changes made to the quota obligations imposed by clauses 8 and 9, clause 17 introduces schedule 1, which makes comparable provision for the BBC and S4C. It includes changes to ensure that on-demand content can form part of any quotas for original and independently produced content to which the BBC and S4C are subject in statute and that these are measured directly, rather than as a proportion of hours shown, as we have previously debated.

[Stephanie Peacock]

This grouping covers clauses 15 to 17, schedule 1, and a small set of Government amendments. I will address all of those briefly in turn.

Clause 15 makes amendments that are largely consequential to the issues already discussed. It acknowledges the ability of public service broadcasters to use qualifying audio-visual services to meet their remits, and ensures that that also applies to requirements around network arrangements. I have mentioned previously that I am in favour of that new flexibility for broadcasters, given changing audience patterns, and I believe it makes sense to mirror this change in network arrangement requirements.

Clause 16 removes the Channel 4 quota to create a specified level of programmes intended for use in schools. It is my understanding that the quota is currently set at the low bar of 30 minutes, as the Minister has just mentioned. Channel 4 surpasses that quota, and it is somewhat arbitrary, given Channel 4’s wider commitments around education. These wider themes around educational content are extremely important, but it seems that this specific quota is no longer making an active contribution in the way it once did. I am therefore happy to move on without raising any particular issues. I also have no particular issues with the Government amendments, which are largely technical and consequential, and clear up confusion in some areas.

Finally, clause 17 and schedule 1 primarily echo the major changes made in this part of the Bill for ITV, Channel 4 and Channel 5, applying them to the BBC and S4C too. That includes confirming that quotas on independent content will be set at a number of hours, rather than as a percentage for both S4C and the BBC. The concern around a move to pure number targets from percentages is something I have already raised, but I wish to note that the BBC in particular took objection to that during the process of pre-legislative scrutiny. In its submission to the Committee, the BBC argued that the Government should take advantage of the distinctive regulatory framework to maintain proportional targets. Would the Minister use this opportunity to explain whether that was something which the Department explored?

[Kirsty Blackman]

I have some questions from colleagues about channel 3, in particular on the provision of ITV Border, which is the cross-border channel 3 provider that operates around Dumfries, Galloway and, across the border, Carlisle. People in the south of Scotland in such areas do not receive STV; they receive ITV Border, with its regional news and other channel 3 provision.

One of my colleagues, Emma Harper, who is a Member of the Scottish Parliament and has done a significant amount of research and work on this on behalf of her constituents has expressed concerns about the percentage of the content made south of the border compared with the proportion made north of the border. If we are to ensure that, for example, the regional dialects and languages of the UK are part of the public service remit, having a significantly unbalanced situation with ITV Border is a slight concern. It is a bit of an issue for my colleague’s constituents.

Another matter that comes into play concerns news, or updating the general public and ensuring that they are aware of issues. STV—channel 3—is a significant place for people to get access to local news in particular so that they can understand what is going on in their areas more widely, as well as nationally. People in the ITV Border region are being given information about school, legal and policing policies that apply south of the border, but not in Scotland. The content has to be significantly delineated because it is split across two very different jurisdictions—that is in some, not all, legal areas, such as school policy. For example, the school systems are completely different north and south of the border.

What consideration has the Minister given to asking Ofcom to look at ITV Border and whether it is best serving the populations on both sides of the border to ensure that everyone has the most up-to-date regional content in their area? I am not suggesting that we should always have certain delineations, but in this sector in particular, which people rely on for news services and updates, having a disparity that particularly affects the people of the Scottish Borders, rather than the English borders—because more content is made in the south—is a concern.

I would very much appreciate it if the Minister agreed to have a look at this, or to have a chat with Ofcom about the provision of ITV Border to ensure that he and Ofcom believe that the broadcaster is appropriate and properly serving people on both sides of the Scotland-England border.

--- Later in debate ---

[Sir John Whittingdale]

Clause 18 inserts two new sections into the Communications Act to ensure that Ofcom has the powers to gather the information which it needs to regulate this part of the Bill effectively. Proposed new section 338A of the Communications Act will give Ofcom the power to issue information notices to request any information which it needs to carry out its functions under sections 198B to 198D, sections 263 to 294, schedule 11 and certain provisions in schedule 12 of the 2003 Act. It includes its functions and duties to regulate the public service remit, quotas and licence conditions. An information notice will compel the recipient to provide Ofcom with the information specified in the notice, including where such information must first be obtained or generated by the party. An information notice may be served on a PSB other than the BBC or, where necessary, a third party, but only where proportionate. Proposed new section 338A(7) clarifies that the power to require the provision of information includes the

“power to require the provision of information held outside the United Kingdom.”

Clause 18 also introduces proposed new section 338B of the Communications Act, which will allow Ofcom to take enforcement action against any party that does not comply with an information notice under proposed new section 338A. After allowing the person to make representations, Ofcom may issue a penalty notice imposing a financial penalty. This penalty in respect of an information notice cannot exceed £250,000. In the case of a continuing failure to comply with a notice, a penalty notice may also require a penalty of an amount not exceeding £500 per day for each day the failure continues after the penalty notice is issued. I commend the clause to the Committee.

[Stephanie Peacock]

During discussion of clause 6, I mentioned that, as a result of the changes in the Bill, it will be increasingly important for Ofcom to be able to step in where there is a risk of public service broadcasters failing to fulfil their remit and quotas. I am therefore supportive of this clause, as it gives Ofcom the power to issue information notices and financial penalties to public service broadcasters in respect of breaches in the fulfilment of their duties. Although I have confidence in the willingness of our excellent public service broadcasters to carry out their remits and quotas, it is important that Ofcom is able to ensure that and provide a backstop where necessary.

I will say this more than once: the Bill really does rely on a strong and empowered Ofcom. It is with that in mind that I believe the powers to find out further information and impose penalties where necessary are proportionate and important tools that will enable the regulator to do its job. I therefore welcome the clause.

Question put and agreed to.

Clause 18 accordingly ordered to stand part of the Bill.

Clause 19

Amount of financial penalties: qualifying revenue

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

[Sir John Whittingdale]

Clause 19 addresses the calculation of financial penalties in respect of channels 3, 4 and 5. By way of context, the Broadcasting Act 1990 and schedule 9 to the Communications Act 2003 relate to the financial penalties that Ofcom may impose on the provider of a licensed public service channel in certain circumstances. In each case, the maximum penalty that Ofcom may impose is set by reference to the qualifying revenue of the provider or, in the case of section 18, whichever is greater—that or £500,000. Having maximum penalties in reference to revenue helps to ensure that penalties strike an appropriate balance between being dissuasive and proportionate. That link is important in accounting for the differences in size and revenue of different public service broadcasters.

The clause inserts proposed new section 18A of the Broadcasting Act 1990, which will amend the existing definition of the qualifying revenue of the provider of a licensed public service channel specifically in relation to financial penalties. The new definition includes revenues from both the licensed public service channel and certain services included in any designated internet programme service provided by that provider. As part 1 of the Bill will expand the ways in which PSBs can fulfil their remit and meet their quotas, it is only right that should a PSB not complete their responsibilities, the revenue of the internet programme services that they provide and which benefit from prominence should be taken into account. That is the purpose of the clause, which I commend to the Committee.

[Stephanie Peacock]

The clause amends the definition of “qualifying revenue” where it is used as a reference measure to help set the maximum penalty Ofcom can impose on public service broadcasters. The change will see the revenue a PSB gains by providing on-demand and online services included alongside the revenue that it gets from its public service channel when making the calculation. Given that online and on-demand content can now count towards quotas and remits, it makes sense that the revenue from such content should be considered when determining maximum fines. I am therefore happy to support the clause.

Question put and agreed to.

Clause 19 accordingly ordered to stand part of the Bill.

Clause 20

Categories of relevant service

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

[The Chair]

With this it will be convenient to discuss new clause 2—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.”

--- Later in debate ---

[Sir John Whittingdale]

This part of the Bill relates to the listed events regime, which seeks to strike a balance, so that broadcasts of key sporting events are widely available and free to air, while sports rights holders are able to use the income that they generate from rights to invest in their sport. Clause 20 updates the listed events regime to make qualification for the regime a PSB-specific benefit, reserved for PSB services that are free of charge. This change was first recommended by Ofcom in its “Small Screen: Big Debate” report in 2021.

The change we are proposing recognises both the practical difficulties around the current audience reach-based approach and the fact that our PSBs play a key role in distributing content that is of interest to British audiences. The current qualifying criteria stipulate that a qualifying service must be free and received by 95% of the UK population. In a changing market, in which audiences can use a range of technologies to access content, we need to ensure that the qualifying criteria are both appropriate and future-proofed.

The clause also closes the streamer loophole; it brings into the regime TV-like service providers that are not based in the UK but intend to show live coverage of listed events to UK audiences. The change recognises that audiences have increased access to content provided by global providers. If we did not bring these providers into scope, there is a risk that the contents of live listed events could be purchased via a streaming service and put behind a paywall, without the provider adhering to the rules of the regime.

The PSB services that will qualify are those that are free and genuinely used by PSBs to fulfil remit. Those are either the PSB licensed channels or the internet programme services that have been designated by Ofcom for prominence. It is important to note that changes to the regime do not preclude non-PSBs from bidding for rights. The regime does not guarantee that an event will be broadcast live or on a free-to-air channel. Rights holders are not required to sell live rights, and broadcasters are not obliged to purchase them or to show events. The legislation sets out that where live rights to a listed event are sold, they must be offered to both PSBs and non-qualifying services. That ensures that the right balance is struck between audiences being able to watch coverage of our major national sporting events, and rights holders and broadcasters having the commercial freedom to negotiate deals in their interest, so that they can reinvest in elite and grassroots sport.

[Stephanie Peacock]

The listed events regime is a vital scheme that allows for major sporting events of national importance to be broadcast on free-to-air channels. Its success since its introduction decades ago has been outstanding. Almost everyone in this room and across the country will have a fond memory of watching a listed event, whether that be watching Mo Farah cross the finish line at the London Olympics in 2012 or seeing Andy Murray win at Wimbledon.

These major occasions bring our country together, and unite us in victory and loss, but the benefit does not end after the programme has finished. An event being televised can be a catalyst for the nationwide success of a sport. The final of the women’s Euros, for example, was watched by more than 17 million people. As a result, the number of women and girls participating in grassroots football has no doubt increased, and attendance at women’s league events has reached a record high, generating further revenue for reinvestment in the sport. Televised sporting events are also a big boost for our hospitality businesses, allowing people to watch major matches together in pubs, bars and restaurants, no matter where they are in the country. With that in mind, it is right that we do all we can to preserve the listed events regime and ensure that important sporting events are available to watch as widely as possible.

An event’s being listed does not guarantee that it will be broadcast live or on a free-to-air channel, but if rights are made available to qualifying services, there is the best chance of the event being seen by as many people as possible. The definition of a qualified service is a broadcast channel that is received by 95% of the population and is free to air. I have spoken many times about the importance of ensuring that there is sufficient content available on linear television. Over the coming years, we must anticipate that viewing on a range of devices will increase. A listed events regime based on broadcast audience reach is therefore no longer fit for purpose because, as Channel 4 notes in its submission to the Culture, Media and Sport Committee, there is a risk of some PSBs falling out of the regime altogether in future. It is welcome, therefore, that the clause amends the scope of the listed events regime, so that it is a PSB-specific benefit. That ensures that no one drops out of the regime. It also allows channels such as S4C— a PSB that does not reach 95% of the UK—to be included.

I am also pleased that the clause looks to end the streaming loophole, which has caused widespread concern. Until now, the listed events regime has applied only to television programme providers, meaning those who hold Ofcom broadcast licences, plus the BBC and S4C. The draft Media Bill proposed extending the regime to include “internet programme services”, but that failed to capture unregulated online services such as livestreams. Theoretically, those services could buy the rights to a listed event and put it behind a paywall, and so undermine the regime. It is welcome that the new version of the Bill creates a new definition of services that fall within the scope of the regime, so that TV-like services providing live content to UK audiences via the internet are captured.

The likes of the BBC and ITV had concerns about the effectiveness of some of the other options on the table for shutting the loophole, such as extending regulation of electronic programme guides. What assurances has the Minister received, this time round, that the clause will close the loophole once and for all? If we can be confident that it is the solution, I will be more than happy to support the clause.

Given the effort that Ministers have put into future-proofing the integrity of the listed events regime when it comes to the streaming loophole, it is extremely disappointing that there has been no attempt to include digital rights in the Bill. It seems quite straightforward: if we want to ensure that sporting events of national importance are available for people to view for free in years to come, the regime should be extended to reflect the new ways that people consume content, including online.

Again, as Channel 4 highlights in its submission to the Culture, Media and Sport Committee, in recent years, its content on social media platforms, such as YouTube and TikTok, has generated a

“record number of hits for highlights and digital clips of live sport.”

Last year, Channel 4’s sport content on YouTube drew 16.8 million viewers globally and 8.2 million viewers in the UK. Those figures were driven mostly by Nations League and Formula 1 coverage, and were up 430% on the year before. That type of content seems to be catering to a growing younger audience: more than a quarter of the Channel 4 Corporation’s sport content on YouTube is viewed by 13 to 24-year-olds in the UK. However, this is not just about putting content where it is likely to be viewed in years to come. It is about ensuring the integrity of the regime.

As significant sporting events are often global competitions, they may take place in various time zones, including when it is night-time in the UK. In such situations, the live broadcast of the event may be of limited value to UK citizens, who will be asleep during the event. However, the next day, digital and on-demand clips could be immensely popular, as they would allow UK audiences to experience the moments they missed. As the BBC highlights, when Charlotte Worthington won gold at Tokyo in 2020, just 400,000 people were able to watch that in the middle of the night, but in the days that followed, different forms of short-form coverage of the event gathered more than 3.4 million views. If the BBC does not have access to those digital and on-demand rights, which will likely be the case in the future if there is no change to the regime, such national moments of pride could become restricted and hidden behind paywalls. That would go against the entire objective of the listed events regime. I know the Government recognise that, because they are conducting a review of digital rights, but we have had no updates on the progress of the review, and it is unclear how its recommendations will be implemented, if not through this Bill.

--- Later in debate ---

[Sir John Whittingdale]

However, I understand her point. As the hon. Member for Arfon highlighted, under clause 20, the right to listed events that are broadcast free to air must be extended to public service broadcasters, so in future, that will include S4C. I am grateful for the support that the hon. Member for Barnsley East expressed for the closure of the streaming loophole; we think that the Bill will close that, and therefore preserve the ability to watch live broadcasts of listed events.

As more and more people access digital broadcasting, digital rights are clearly something that we will need to consider. That is why we are undertaking the digital rights review. I note that the review was a recommendation of the Culture, Media and Sport Committee, so we recognise that there is quite a lot of interest and support for it. It is important that we get this right. As I was saying, the listed events regime is about balancing the ability of a large number of people to watch iconic sporting events free to air, and the ability of rights holders to raise revenue from the sale of rights—revenue that can obviously be invested back into the sport. Striking that balance has always been the difficulty with the listed events regime. If the regime is to be extended in this way, we want to get it right.

New clause 2, tabled by the hon. Member for Barnsley East, does give quite a broad power, which could lead to uncertainty for broadcasters and rights holders when they are negotiating deals, given that at the moment we have not spelled out how and whether we would extend the regime to digital rights. That is actively under consideration.

[Stephanie Peacock]

I appreciate the points that the Minister makes, and I am not against them, but would he enlighten the Committee on how the recommendations made in the review will be put into action and into law, if not through this Media Bill?

[Sir John Whittingdale]

I cannot guarantee that there will be a successor media Bill immediately. Equally, although it was suggested that media Bills only come around every 20 years, I hope that we would not have to wait that long. As I say, at this stage, we are concerned with getting this absolutely right, and I have no doubt that we will continue to debate the issue. I hope that we can publish the results of the review very soon, but at this stage, we cannot accept new clause 2.

[The Chair]

Shadow Minister, do you want to respond on new clause 2?

[Stephanie Peacock]

My apologies; I responded in my intervention. I believe we can vote on the new clause later, but the points that I made in the intervention stand. I am very keen to hear about the findings of the review, and to find a vehicle for changes to be put into action, because I am not sure that the Minister has fully responded to my points.

Question put and agreed to.

Clause 20 accordingly ordered to stand part of the Bill.

Clause 21

Contracts relating to coverage of listed events

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

--- Later in debate ---

As I did in this morning’s sitting, I thank my hon. Friend the Member for Paisley and Renfrewshire North (Gavin Newlands) for his work on this and his ongoing commitment. I am sure that the Minister, and many Committee Members, have heard my colleague make the case in the Chamber that we should be able to see more of our home teams playing football on television. The new clause would ensure that there was a fund in place to ensure that those rights can be offered for all those listed events, whatever the sport, and that it is not necessarily the highest bidder or the biggest amount of money that is the key determinant of whether individuals living in our countries can see their teams on television.

[Stephanie Peacock]

I will start by discussing new clause 8. Once again, I reiterate my support for the listed events regime, which connects communities across the UK in experiencing moments of national sporting importance by prioritising rights for free to air channels, soon to be PSBs. In the following debates, I will also go on to speak about how any expansion of the regime requires consideration. In particular, that is due to the need to balance the benefits of investment in the relevant sport, gained through the funds gathered by financial television deals, and the desire for people to see events in that sport free to air.

I understand where the new clause is coming from in this respect, as it looks to recognise that balance and tip it in favour of making more events available on the regime, with the financial losses compensated by a new Government fund. I recognise also that a good attempt has been made to keep proportionality in mind, given that organisations with a turnover of more than £50 million per year are excluded from being entitled to anything from the proposed fund. However, I fear that there may be a few perverse incentives built into new clause 8.

First, if the Government anticipate that they will be responsible for making up for the financial distress of a sport on the listed events regime, that could disincentivise placing such a sport in the regime at all. Further, for the sports themselves, there may be a disincentive to grow beyond a turnover of £50 million, should that mean their Government support is taken away. I am not sure this is best for the health of the regime, or indeed for the sports, as a result. I believe also that the fiscal implications of this new clause more generally need to be analysed before they are committed to.

I would be interested to hear from the Minister, however, what he believes the best way forward is in terms of promoting sports and making them available to the public, while securing the investment needed to secure the future of such sports. It is worth exploring how we strike this balance, and I commend the new clause for bringing the issue at hand to the forefront for discussion as part of the passage of the Bill.

I will briefly address clause 21 as well. The clause updates other sections of the Broadcasting Act 1996 to acknowledge the changed definition of “relevant services” in clause 20. As previously mentioned, the changes made to close the streaming loophole are very welcome—and this clause will support that. Clause 21 also makes clarification about section 99 of the Broadcasting Act, which looks to be relatively straight forward. I am happy to move forward with that in mind.

[Sir John Whittingdale]

The hon. Member for Aberdeen North rightly highlighted that the issue that the new clause addresses is a matter that the hon. Member for Paisley and Renfrewshire North has been rigorous in pursuing. Indeed, not only have I heard him speak about it in the Chamber; I have also actually met him to hear him put directly his case. I am afraid that we were unable to reach agreement, but I recognise that he feels strongly about the subject. In the grouping which follows this one, we will address the more specific issue which he wants to amend the Bill to cover, which is the inclusion of matches involving the Scottish national team. One of the reasons why we have been resistant to the suggestion—and as I have indicated in a previous debate—is that it is all about establishing a balance. Inclusion of any sport on the listed events regime inevitably means that the potential for raising revenue is diminished, because it excludes a number of broadcasters from bidding for that particular right. It is a question of establishing a balance between the need to raise revenue and the need to ensure that as many people as possible are able to view an event.

The new is clause is quite ingenious in seeking to address that dilemma by asking the Government to set up a fund to compensate rights holders who are subject to inclusion on the list and therefore unable to sell to a non-free-to-air broadcaster. I have to say that that is not something the Government would consider. It would be quite a significant market distortion, and it would be open to potentially a number of other sports or rights holders. What I would say, however, is that sport, as the hon. Member for Aberdeen North is very much aware, is a devolved matter. Should the Scottish Government decide to set up such a fund, they would be free to do so, but I am afraid we are not able to accept the new clause.

Question put and agreed to.

Clause 21 accordingly ordered to stand part of the Bill.

Clause 22

Restriction on showing live coverage of listed events

--- Later in debate ---

[Kirsty Blackman]

Those organisations have been consulted. My hon. Friend the Member for Paisley and Renfrewshire North has been clear on the roundtable discussions he had, including with the Scottish Football Association, which is open to this happening. New clause 8, on the financial support fund, which we discussed previously, was partly to ensure that those smaller organisations are able to claim back, should they lose out on a significant amount of revenue as a result. As I say, these organisations have been consulted, and the SFA is open to this happening.

It is important to ensure that organisations have enough money to invest in their sport. I do not think there will ever be any lack of young men keen to play football; the number certainly does not appear to have reduced in all the years I have been alive. There are still many children at my kids’ school who are very keen to get involved in football. There are still the grassroots structures there. However, I agree that for organisations involved in women’s football, for example, or involved in nations with lower levels of participation, it may be an issue.

I would be very keen to press both new clauses 6 and 7 to a vote when it comes to that point.

[Stephanie Peacock]

I begin by echoing the comments of the hon. Member for Aberdeen North on the women’s parliamentary football team, having been involved a little over the years. I will address clauses 22 and 23, as well as the associated amendments. It appears from the Government’s explanatory notes on these clauses that their intention is to ensure that partnership arrangements between qualifying and non-qualifying broadcasters on providing coverage of listed events continue as they do now.

I know that many of our commercial and public service broadcasters alike feel they have strong partnerships that allow sporting events to be shown to as many viewers as possible. Indeed, where an event is not on the listed events regime, this kind of commercial partnership is inevitably even more common; for example, Channel 4 has historically teamed up with Sky to show Formula 1 events to many viewers across the UK. These kinds of cross-industry partnerships are integral to the overall ecosystem of sports rights, and I therefore support any movement that seeks to protect these relationships and dynamics.

However, the BBC has raised concerns that clauses 22 and 23 together could undermine the listed events regime, in particular with regard to multi-sport group A events—the summer Olympics and Paralympics and the winter Olympics and Paralympics. In effect, the BBC says the clauses could potentially mean that Ofcom consent is not required for events where there are partnerships such as the BBC and Discovery deal for the Olympics, as long as each partner has adequate live coverage, which lowers the bar from the current expectation of having full and comprehensive rights on both sides. How much that bar is lowered is difficult to gauge. However, given that the Bill does not define what adequate will mean in this context, it only opens the door for live coverage and adequate coverage to be defined. It would be most unfortunate if a Bill that aimed to modernise and protect the listed events regime inserted a change that, in effect, allowed for exclusive rights to parts of the Olympics to be held behind a paywall.

I therefore ask the Minister for a clear indication of what “adequate” is now to be defined as under these new clauses. Further, why were these changes not included in the original drafting, and for what specific purpose did the Government choose to introduce them today? There was a detailed scrutiny process through the Culture, Media and Sport Committee, and it would have been beneficial for these additional clauses on the listed events regime to be analysed by those who know the regime best. If we cannot be absolutely clear on the real intent behind this clause and the impact that it will have on the listed events regime, it will be difficult to support it at this stage.

Let us move on to new clause 6. I hope that by this point it is clear that I am a strong supporter of the listed events regime. It is important in ensuring that British audiences are able to view moments of national sporting importance. However, many Scottish campaign groups and Scottish Members have been long discontented that the definition of such national moments did not seem to encompass crucial events that define their national sporting story. I am aware that these feelings are likely to be echoed by those in Wales and Northern Ireland, too, and I want to be clear that I believe the regime must not be overtly discriminatory in this sense. There has been particular concern over the lack of a formal plan to encourage making Scottish international football free to watch, something which may seem counterintuitive given the intent of the listed events regime. I understand that the new clause hopes to address this issue and to create equality of access to qualifying events for every UK nation.

When considering additions to the listed events regime, however, there is always a careful balance to be struck. It is important that sporting moments are available to watch, but is also important to secure investment in sports through the revenue generated by selling rights. The fact that the number of events in the regime is limited is indicative of the need to recognise that.

I also want to highlight the fact that the listed events regime is not the only method of ensuring that sports are available on a free-to-air basis. As I mentioned when praising commercial partnerships, it was extremely pleasing to see Sky and STV come to a formal agreement that allowed Scots to watch the World cup qualification play-off final. That was a truly beneficial outcome that did not rely on the structure of the regime.

Has the Department thought about the definition of a moment of national sporting importance? It is a fluid concept given changing public attitudes, and it is further complicated by the fact that inclusion in the regime can bolster the status of an event in the public consciousness. However, I think that there will be many more cases in which an argument is made for an event to be added to the regime, and there could therefore be merit in knowing the criteria that events are judged against when considering whether they should be included in the regime.

Finally, I would like to speak to new clause 7. As per section 97 of the Broadcasting Act 1996, the Secretary of State is required to consult

“(a) the BBC,

(b) the Welsh Authority,

(c) the Commission”

and rights holders before drawing up or revising listed events. I understand the intent behind that clause, especially given that many argue that Scottish football and sport has not been duly incorporated into the listed events regime.

Further, we have also discussed at length the desire to improve parity across broadcasting legislation between S4C and Gaelic language services. With that in mind, I believe that there would be benefits to broadening consultation requirements, so that the Gaelic viewpoint can be better taken into account when amendments to the list are being considered.

We could do with more clarity on how decisions about inclusion in the listed events regime are made. There would be a better sense of the fairness of such decisions if requirements to consult those who may be impacted by such a decision were expanded. In fact, the scope of this could have been broadened even further to require consultation with other relevant persons that the Secretary of State deems necessary. That could have perhaps included the other PSBs or relevant stakeholders, such as sporting bodies.

I do not wish to make additions to the listed events regime more onerous than they need be. However, having strong and varied input into decision making would certainly save time in the long run. I hope it is clear that I understand the intent of new clauses 6 and 7, but that I will need answers to my questions on clauses 22 and 23.

[Sir John Whittingdale]

First, I welcome the support in principle of the hon. Lady for partnerships. They play a very important role in ensuring that iconic events are shown free to air even if they are not necessarily listed events. The one example that I can recall is Emma Raducanu’s US Open final, which certainly was not one of the listed events. Nevertheless, Amazon made it available to Channel 4, because clearly there was huge demand to watch it. Those kinds of partnerships play a very valuable role.

Regarding the definition of adequate live coverage, which the hon. Lady raised, and how Ofcom will define it, it is certainly not the intention of the new clauses to reduce the threshold. However, in terms of setting parameters as to what is adequate live coverage, that is a question for Ofcom, which has a lot of experience in this area, and it includes setting the standard for adequate alternative coverage for group B events, as well. In doing so, Ofcom would consult widely with stakeholders and analyse what metric works best to balance the interests of audience, broadcasters and rights-holders, and it can look at previous partnership deals to see how such partnerships have been arranged in the past. There are a number of different factors that are taken into account, but it is a matter for Ofcom to determine.

[Stephanie Peacock]

Before the Minister moves on, could he perhaps elaborate and let the Committee know why these new clauses were not included in the original drafting and say what the specific reason is for their being included now?

[Sir John Whittingdale]

I cannot say specifically why they were not included earlier, although I have tried to set out why we think it is important that they should be included now. We will provide any additional information that we can provide in writing to the hon. Lady and to the rest of the Committee.

Regarding the support from the hon. Members for Aberdeen North and for Barnsley East for women’s football, there is no question that the increased popularity of and demand for women’s football has been enormous. Both hon. Members will be aware that the most recent changes to listed events were to include the FIFA Women’s World Cup finals and the European Women’s Football Championship finals on the list. I was not sure whether the hon. Ladies were suggesting that the parliamentary women’s football team should be put on that list, too. I am sure that the idea has considerable support, even if that team has not reached the iconic level quite yet.

I am also quite sure that the Opposition welcomed the recent announcement by my right hon. Friend the Secretary of State for Culture, Media and Sport of the £30 million Lionesses fund, which will be invested in grassroots women’s football. Hopefully, it will enable us to reach even greater heights than we have already reached.

I turn specifically to new clauses 6 and 7. New clause 6 is ingeniously phrased, but I understand the frustration of the hon. Member for Aberdeen North regarding coverage of the home nations. Of course the matches involving the England football team, and indeed the matches involving the Welsh football team, are available free to air— through S4C for the Welsh team—but it is harder to find coverage of the Scottish national team and indeed the Northern Ireland national team.

The only thing I would say to the hon. Lady is that inclusion on the list does not mean that events will be broadcast free to air; indeed, it does not mean that they will be broadcast at all. That is a matter for the broadcasters to determine. We have already debated the difficulty of balancing the need for audience accessibility with the need for revenue-raising. At the end of the day, however, it will remain a matter for the broadcasters to decide, as they do in England and Wales, as to whether or not they wish to bid for the right to cover the Scottish team. I am afraid that new clause 6 would not achieve that, because it remains a matter for the broadcasters to decide.

Turning to new clause 7, the Government believe that, as I say, regional and minority language broadcasting has an important role to play, providing an opportunity for speakers of minority languages to access them. Currently the Secretary of State does consult the BBC, S4C, Ofcom and relevant rights holders when revising the list of events protected under the listed events regime.

The BBC and S4C are of course licence-fee-funded public service broadcasters. Although the current legislation does not require the Secretary of State to consult other affected broadcasters, it does not restrict them from doing so. If updates to the list were to be proposed, my right hon. Friend the Secretary of State would of course listen to all relevant representations. We therefore do not feel there is any need to list out any additional organisations who may or may not have an interest in particular changes. I am afraid that we are unable to accept new clauses 6 and 7. I urge the Committee to accept Government amendments 8 to 10, and to agree to clauses 22 and 23 standing part of the Bill.

--- Later in debate ---

[Sir John Whittingdale]

Clause 24 makes amendments to extend Ofcom’s existing powers to gather information and, if necessary, undertake enforcement action to reflect the changes made in clauses 20 to 23. Without these new powers, Ofcom would not be able to enforce the regime against the extended list of services brought in scope by the Bill. The clause amends section 104A of the Broadcasting Act 1996 to create a new power for Ofcom to require providers of the services in scope of the listed events regime and, in limited circumstances, certain other persons to supply it with any information it requires to carry out its functions in relation to listed events. It also creates a new section 104B that sets out the penalties that may be applied for failure to provide information.

Clause 25 is a saving provision for clauses 20 to 23. It ensures that contracts that have already been agreed before the introduction of the new provisions will not be affected. Any contract entered into prior to the commencement of the new provisions will be governed by the old listed events regime. That ensures certainty for deals that have already been concluded.

Government amendment 11 is needed to ensure that the existing list of events, as published on gov.uk, is revised into groups A and B. It replicates transitional provisions contained in the Communications Act 2003 that mean that the existing list will otherwise be preserved without need for consultation. While provision was made for this division in the Communications Act, for some reason, relevant sections have not been commenced. The Government’s overarching objective for the listed events regime is to ensure that key sporting events are widely available and free to air for all audiences, particularly those who cannot afford to watch sport behind a paywall. As has already been debated, rights holders use income for the benefit of the wider sporting sector, so it is important for the regime to strike the right balance.

The Government believe that the current list of events works well to deliver the best outcome and that it strikes an appropriate balance. The amendment requires the Secretary of State to revise the list into groups A and B but provides that, so long as the list remains the same—other than the division into groups A and B for the purposes of the legislation—there will be no need to consult in relation to that list. For reasons I set out, I hope that Members can support this amendment.

[Stephanie Peacock]

As I have mentioned more than once during this group of clauses on listed events, I am pleased to see that the Government have taken action to close the streaming loophole in the listed events regime. However, bringing into scope those who are not licensed by Ofcom will mean that Ofcom needs new powers to enforce this regime against new providers. I am therefore supportive of clause 24, which provides Ofcom with such powers, including the ability to require information and impose penalties where failures occur.

Clause 25 ensures the legality of contracts agreed before the introduction of this Bill. This sensible clause will minimise disruption and provides clarification and certainty for all involved.

Finally, I understand that Government amendment 11 requires the Secretary of State to categorise the listed events into groups A and B. I wonder therefore if we could hear from the Minister how the Secretary of State intends to use this power, and whether this will be limited to what is essentially a tidying up of the legislation. With that answer in mind, I would be very happy to support and move on.

[Sir John Whittingdale]

I am grateful to the hon. Lady for her indication of support. Essentially, my understanding is exactly that: the division is in effect already there and it had to be formalised through this clause.

Question put and agreed to.

Clause 24 accordingly ordered to stand part of the Bill.

Clause 25

Sections 20 to 23: saving provision

Amendment made: 11, in clause 25, page 29, line 34, at end insert—

“(2) 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 in order to allocate each event which is a listed event on that date either to Group A or Group B.

(3) Where—

(a) the events listed in the list in force immediately before the Secretary of State revises it under subsection (2) are treated, for any of the purposes of the code in force under section 104 of the Broadcasting Act 1996 at that time, as divided into two categories, and

(b) the Secretary of State’s revision under subsection (2) makes the same division,

section 97(2) of the Broadcasting Act is not to apply in relation to that revision of the list.”.—(Sir John Whittingdale.)

This amendment requires the Secretary of State to revise the list of sporting and other national events so as to divide them into Group A and Group B events. It disapplies the requirement for consultation in section 97(2) of the Broadcasting Act 1996 if the division follows the division into Group A and Group B events by reference to which OFCOM’s code under section 104 of the 1996 Act operates at that time.

Clause 25, as amended, ordered to stand part of the Bill.

Clause 26

Public teletext service

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

--- Later in debate ---

[Sir John Whittingdale]

I am very happy to join the hon. Lady in paying tribute to the huge number of benefits that Teletext brought for quite a considerable length of time. It was not just news that could be accessed via Teletext; I understand that one of my colleagues booked her holiday regularly through Teletext. I think there was even a dating service that was provided by Teletext for a time. All these things are now available online in perhaps a little more sophisticated form than was originally the case.

I am afraid it is the case that the most recent public teletext provider ceased to provide a service in 2009, and its licence was revoked in 2010. Therefore, in accordance with the intention of this Bill to modernise the legislative framework and to take account of the changes in the broadcasting landscape, I am afraid I must ask the Committee to support that clause 26 stand part of the Bill.

[Stephanie Peacock]

This clause repeals provisions in the Communications Act 2003 regarding teletext, due to it no longer existing. I would like to echo the Minister’s nostalgia, and also thank everyone who invented it and worked on it. I must take this opportunity to say that my dad was an avid user of teletext. Right until it closed, he would phone me up and be like, “It’s not really going to close, is it?”. He would always check his weather and his traffic. I feel like I should put that on the record, because people like my dad across the country relied on it. While he might, I do not take any issue with this clause in particular. It would be remiss of me not to reiterate how important it is that information and services are available to everyone, including those who are older, those who have disabilities, and those without the internet. While we remove old services, it should serve as a reminder to all of us to ensure new services are as universally accessible as possible.

[Sir John Whittingdale]

I commend the clause, with sadness.

Question put and agreed to.

Clause 26 accordingly ordered to stand part of the Bill.

Clause 27

Further amendments relating to public service television

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

[Sir John Whittingdale]

This clause and the Government amendments to it are technical in nature and I hope will not detain the Committee for long. Clause 27 introduces schedule 2, which makes amendments to broadcasting legislation to maintain operability of that legislation in light of the changes in part 1 of the Bill that we have already debated. For example, many of these amendments are intended to remove redundant references to the public teletext services from the 2003 Act. Government amendments 16 and 17 correct references to provision added by clause 20. If this were not taken forward, schedule 2 would incorrectly refer to the incorrect type of relevant service.

Government amendment 18 is essentially a tidying-up exercise. It removes transitional provisions that related to section 300 of the Communications Act, which was never brought into force and is now being repealed by this Bill. Government amendment 11 adds replacement transitional provisions. On this basis, I hope the Committee will support clause 27 and the Government amendments to it.

[Stephanie Peacock]

I believe the changes in schedule 2 and clause 27, as well as Government amendment 18, are consequential on the larger adjustments made in part 1. I have had no specific concerns about these changes drawn to my attention, so I am happy to move forward. I refer members of the Committee to my remarks throughout the discussion on the rest of part 1. I am also glad to see some mistakes corrected through amendments 16 and 17.

Question put and agreed to.

Clause 27 accordingly ordered to stand part of the Bill.

[Sir John Whittingdale]

On a point of order, Mrs Cummins. If I may make a small correction, I understand that when we were debating the listed events earlier, I said that it excluded bidders if the event is listed. It is not the case that it excludes non-PSBs from bidding, but they may be inadvertently precluded from doing so.

Media Bill (Fourth sitting)

Stephanie Peacock Excerpts

Committee stage
Thursday 7th December 2023 Public Bill Committees

[Stephanie Peacock (Barnsley East) (Lab)]

I beg to move amendment 22, in clause 37, page 77, leave out lines 6 to 9.

This amendment, together with Amendments 23 to 27, is intended to pave the way for the regulation of all video on demand services, rather than just those designated as “Tier 1” services.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 23, in clause 37, page 77, line 11, leave out

“that is a Tier 1 service”.

See explanatory statement to Amendment 22.

Amendment 24, in clause 37, page 77, line 14, leave out from “of” to the end of line 16 and insert

“on-demand programme services and non-UK on-demand programme services”.

See explanatory statement to Amendment 22.

Amendment 25, in clause 37, page 77, line 28, leave out

“that are Tier 1 services”.

See explanatory statement to Amendment 22.

Amendment 26, in clause 37, page 77, line 37, leave out “Tier 1” and insert

“the regulation of on-demand programme”

See explanatory statement to Amendment 22.

Amendment 27, in clause 37, page 78, line 1, leave out “Tier 1” and insert

“the regulation of on-demand programme”.

See explanatory statement to Amendment 22.

[Stephanie Peacock]

I am pleased that we are making good progress in scrutinising the Bill, having reached part 4 on the regulation of on-demand services. We have spoken at length about the growth and popularity of on-demand services, so it may come as a surprise to some members of the public that the content on most of our video on-demand services is not regulated. We are all used to high standards, thanks to the high-quality content provided by PSBs, which we see when we turn on our television set, and the regulatory landscape that complements that content; but it is easy not to consider whether regulatory standards apply to content on demand. Indeed, the high standards set by our PSBs have played a big part in creating an atmosphere in which newer streaming services have had to provide content of the highest standards. They have to model best practice to compete with traditional television.

That has put us on a good footing, and the streaming services and on-demand providers I have spoken to actually welcome the regulatory clarity that a new regime will provide. Currently, if a complaint is received against a piece of on-demand content, the service that has provided that content has nowhere to point towards in handling that complaint, and does not have to prove compliance with a regulatory regime. Part 4 brings on-demand services under the scope of Ofcom, and gives it new responsibilities, including to follow a new on-demand code. It is a good thing for viewers and providers, who will benefit from consistent high standards in the on-demand space.

However, I have concerns regarding the proposed tiered approach to the framework. Clause 37 and schedule 5 both set out that only tier 1 services will be regulated under the new regime. The only real information we have about how tier 1 will be defined, however, is that it will be based on size, which is determined by audience figures, turnover and catalogues.

In many areas of the Bill, there has rightly been a desire to avoid being too prescriptive in the primary legislation in order to allow flexibility in the light of rapidly changing technological advances and viewer habits, but in the uncertainty and lack of detail about on-demand services has been troublesome for some providers. Netflix said in its submission to the Culture, Media and Sport Committee that without clarity on scope, there was no way for it to tell whether the scope will ultimately be discriminatory.

I know that there are good intentions behind taking what might be considered to be a proportionate approach that avoids placing new burdens on smaller video services that are trying to grow and compete with much larger services. However, the approach could create perverse incentives. One can imagine smaller services becoming averse to growing, for fear of meeting the regulatory threshold and having to contort their services to comply.

Putting all services on a level playing field will ensure that no service is deterred from competing with those at the very top, and no one at the bottom can feel that the situation is unfair, or that they are being unfairly given burdens that others are not. Further, everyone will be given an entire year’s grace period in which to become compliant; that will ensure that those who are less prepared can come up to speed.

Perhaps even more pressing than the impact of the tiered approach on providers, however, is the effect that it will have on viewers. As the CMS Committee highlighted, the Government said that part of their purpose in introducing the provisions was

“to protect audiences from the potential harm arising from the gaps in the existing regulatory framework”

and to

“ensure UK audiences receive a similar level of protection no matter how they watch television— whether it be live or on-demand.”

Clearly, requiring only the largest video-on-demand providers to abide by the new regulatory scheme would not achieve that aim. For the average viewer who does not invest their leisure time in understanding the nuances of a tier 1 service, a category in which I believe most of the general public will fall, how will such a person possibly be aware whether they are watching a regulated service?

To strive to create a consistent regulatory approach between broadcast and on-demand services, while simultaneously creating an inconsistency within the regulation for on-demand services, seems counterintuitive. Viewers deserve to have certainty over the level of protection they are being provided with. Put simply, I believe that the best way to meet that aim is for the new video-on-demand code, and the various other changes in this part of the Bill, to be applied universally across all video-on-demand services watched by UK audiences.

Such a move has been also recommended by everyone from the Culture, Media and Sport Committee and the Voice of the Listener & Viewer to Amazon and Netflix. Including all services would provide the harmonisation in regulatory approach that I believe the clause sets out to achieve. It would get rid of confusion for viewers and prevent any definition from being discriminatory or drawing what could have been a somewhat arbitrary line between services.

If the Government cannot accept my amendments, which would pave the way, I would be grateful if the Minister at least explained their current plans for the definition of tier 1 at this stage, and detail how they will work to create consistency in experience for viewers. I believe that we are on the same page about the importance of the new framework and what it could achieve, and I hope we can work constructively to ensure that it is the best it can be.

[Sir John Whittingdale]

I welcome the hon. Lady’s general support for what the Government are trying to do by bringing video-on-demand services within the scope of regulation. We believe it is important for audiences to be appropriately protected when watching TV on demand. We will do that through what we see as a proportionate regulatory approach, which will ensure that all the mainstream streaming services that target UK audiences are subject to rules similar to the existing ones governing UK TV broadcasters.

Under the Bill, any UK on-demand service used by a PSB other than the BBC will automatically be designated as tier 1. Alongside that, other mainstream TV-like video-on-demand services will be designated after the Media Bill comes into force, following a review of the market by Ofcom. I can tell the hon. Lady that all the streaming services with which most people are familiar will certainly come under tier 1, but at this stage we cannot publish a list or the general categories to determine it because the market is rapidly evolving. Once again, as elsewhere in the Bill, we want to have a degree of flexibility and we believe that regulatory change needs to be proportionate and practical.

At the moment, more than 270 video-on-demand services are notified with Ofcom. Many of them simply do not provide TV-like content and nor are they widely accessible, so it is important to balance audience protection with freedom of expression, and to avoid placing unnecessary burdens on them. Consultations that have been conducted already tell us that extending tier 1 regulations to the smallest niche services, such as a football team’s on-demand service, could unfairly and unnecessarily penalise them with little or no benefit to audience protection.

--- Later in debate ---

[Sir John Whittingdale]

My hon. Friend is right that there are different levels of service that require different amounts of monitoring and oversight. To my hon. Friend the Member for Warrington South, I would say that UK-based on-demand services are already required to abide by the on-demand programme service rules, which are less restrictive than the Ofcom regulations but control things such as hate speech and have basic protections for young audiences. It is appropriate that we determine the appropriate level of regulation on the basis of the audience and the size of the station. As I say, Parliament will be given further information that sets out the list or description of services at least five sitting days ahead of any regulation, so there will be transparency and oversight. For that reason, we do not feel it necessary to bring all the existing video-on-demand services within tier 1 at this time.

[Stephanie Peacock]

I am, of course, aware of the complexity of removing the tier 1 element from the Bill at this stage, and I acknowledge that agreeing to this set of amendments would create difficulties for the Bill more generally. I was aware of that when drafting the amendments, but I wanted to raise the issue that the Bill is perhaps not clear enough about—what the video-on-demand provisions will apply to and how audiences would receive the certainty they need. The Minister has alleviated some of those concerns today, so I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Kirsty Blackman (Aberdeen North) (SNP)]

I beg to move amendment 38, in clause 37, page 77, line 34, at end insert—

“(5A) In section 368C (Duties of the appropriate regulatory authority), after subsection (6) insert—

‘(6A) The appropriate regulatory authority must draw up, and from time to time review and revise, appropriate guidance relating to the duty of providers of on-demand programme services to ensure the archiving and retrieval of programming delivered by these services for the purposes of preserving cultural heritage.

(6B) The guidance under subsection (6A) must include guidance on providers’ relationships with—

(a) the British Library;

(b) the National Library of Scotland (Leabharlann Nàiseanta na h-Alba);

(c) Llyfrgell Genedlaethol Cymru (the National Library of Wales);

(d) the Library of Trinity College Dublin;

(e) the British Film Institute.’”

This amendment would place a duty on OFCOM (or other regulator) to draw up guidance aimed at streaming services giving them duties to liaise with legal deposit libraries and the BFI to ensure that appropriate measures and strategies are in place for the archiving of video.

--- Later in debate ---

Everybody recognises that the British Film Institute, the British Library and the National Library of Scotland are safe places that are good at looking after things—whether film or historical documents. Their job is to preserve those, whereas the job of the BBC, channel three or Netflix is not necessarily to ensure that programmes are preserved for future generations. I thank the Minister in advance for any reassurance that he has his eye on this issue.

[Stephanie Peacock]

Preserving television and visual content is a way of preserving our history. There are already some amazing examples of how television is collected and archived. The British Film Institute, for example, looks after one of the largest and most important collections of film and television in the world, where teams of experts ensure that the collective programmes are accessible for generations to come. In particular, the BFI’s priceless television archive, which includes programming from the 1950s, can help us to tell with fascinating clarity the story of British television and Britain at large over the last 70 years. Since 2016, the BFI has automatically recorded various channels, all day, on an on-air and off-air basis, meaning that the recording is complete with adverts, trailers and announcements. That archive will only become more precious as the years pass.

The BFI archive is complemented by the BBC Archive, which contains over 1.5 million items recorded on everything from film to videotape to digital files. Despite the range of the BBC Archive, there are still programmes missing from that collection, particularly from earlier years of broadcasting. The BBC cites a few reasons for that, including limited means of recording, the expense of recording and tapes of which there was only one copy simply being lost. It also says that limited records were also the result of the fact that there was no requirement to build an archive. It was not until 1979 that the advisory committee on archives recommended that a requirement to keep archives be included in the charter, at which point programmes began more routinely to be kept for good.

It might be easy to assume that archiving in the digital age might be a given, given the capacity of the internet to host vast amounts of information that is then available at our request. However, even digital files and the cloud ultimately rely on physical infrastructure, and the nature of the internet means that there is more content than ever that requires such storage. I therefore support amendment 38, which seeks to set guidance on the archiving and retrieval of on-demand programming. That is not only because we cannot take it for granted that such programming will be properly archived, but because it matters how and where those archives are stored and whether something ends up being in the public interest.

I hope that, in the years to come, we can preserve broadcasting as an insight into our society and culture. To achieve that, we will need input from and collaboration between on-demand programming services and those institutions that can help with archiving, such as the national libraries and the BFI. I believe that amendment 38 recognises that and looks to set us up for a future that values the past.

On new clause 9, although I am interested to hear more about the idea of a nominated body being responsible for a centralised national archive, I am not sure about the detail of how it would work. I feel that I should ask, on behalf of the on-demand services implicated here, what the forecasted cost implications are and on what basis a contributory system has been identified as the most effective and efficient way for services to be part of the effort of archiving. I wonder whether, perhaps, the way forward should not be assumed, as it is in the clause, but rather should hinge on any guidance that is issued as a result of amendment 38, particularly with reference to using those archives and resources that are already working well.

I emphasise that I am keen to support the archiving of our television services, but I want to ensure that the way that is done is carefully considered and properly consulted on.

[Hywel Williams]

I rise briefly to support the amendment in the name of my hon. Friend the Member for Aberdeen North, as well as the new clause, and to reassure her and the Committee. In her amendment, she refers to Llyfrgell Genedlaethol Cymru: the National Library of Wales. It maintains the Archif Film Theledu Cymru—the Welsh Film and Television Archive—which is a highly successful development in Aberystwyth.

I also note that these archives have monetary value. In passing, ITV in Wales, for example, has a regular programme with clips from the ’60s, illustrating Welsh life. It fills half an hour—more than fills it. It is not just to fill space. It is very interesting, particularly to people who see culture in its broadest sense: not high culture, but the entire scope of human activity in Wales. It is available in the National Library of Wales, but is also available to broadcasters.

--- Later in debate ---

Schedule 7 makes consequential provision, including bringing tier 1 services under fairness and privacy rules set out in the Broadcasting Act 1996. Taken together, these new provisions help level the playing field between TV-like on-demand services and traditional UK broadcasters. They provide a fairer regulatory framework and better protections for our young audiences, and ensure that these services can be enjoyed by the widest possible audience.

[Stephanie Peacock]

As I hopefully emphasised in an earlier discussion, I am on the whole supportive of clause 37 and schedule 5, which will bring video-on-demand services into Ofcom’s scope. It is absolutely right that on-demand services are regulated against a new standards code, given their popularity with the public. That will provide certainty for providers and viewers alike. Of course, it will be up to Ofcom to develop the detail of the new standards code, but I welcome the requirement to consult the services that are regulated by the new code and audience representatives before it is finalised.

The objectives that the code should meet are set in the Bill, as is some further detail on due impartiality. There is also a list of matters that Ofcom should have regard to in preparing the code. As such, the Bill sets out the framework within which the code will be drawn up.

However, there are aspects of the framework that have caused some concern among providers of video-on-demand services. I will address those concerns in relation to amendment 28—I appreciate the Minister’s comments about it—before I move on to the accessibility code and schedules 6 and 7. Providers’ most common concern is that it does not seem that the framework takes into consideration the differences between the broadcast and on-demand environments.

As Netflix pointed out to the Culture, Media and Sport Committee, regulation of linear television was driven by a concern that viewers may come across unsuitable content by accident. The risk is inherent and specific to linear TV, as a viewer cannot dictate what is shown to them on any one channel at any one time.

As such, the broadcast code ensures that broadcasters make choices on behalf of the viewer that protect them from being subject to unsuitable content. For example, as Disney+ points out, the 9 pm watershed helps to shield children from inappropriate language and themes for their age. In an on-demand setting, however, every decision to view a title is active and deliberate. Video on-demand catalogues can hold thousands of titles, of both new and catalogued content, with the audience in complete control of what they decide. In that context, platforms make fewer choices on behalf of the viewer and instead aim to provide the information and tools they need to make informed choices themselves. The Bill does not explicitly address the differences, but I am grateful for the Minister’s points and I welcome them.

I want to move on to discuss the accessibility code, which will apply alongside the broader standards code already discussed. I am pleased to welcome that second code, which will ensure that on-demand services adopt a minimum standard of accessibility on the content they make available for UK audiences, with target figures rising over time. For example, providers must ensure after two years that at least 40% of their total catalogue has subtitling, at least 5% has audio description and at least 2.5% has sign language, rising after four years to 80%, 10% and 5%, respectively.

That has been welcomed by Ofcom, which says the measures reflect its 2018 and 2021 recommendations to Government, which should bring tangible benefits to disabled people, including the 87,000 people with British Sign Language as their preferred language and the more than 2 million people living with sight loss. It has also been welcomed by the Royal National Institute for Deaf People and the Royal National Institute of Blind People, which have been campaigning together for on-demand services to deliver access services. They say that 80% of those with hearing loss or who are deaf stop watching a programme when subtitles are not available, showing just how important they are to people’s ability to enjoy video on-demand content.

I wonder whether the section could have been more ambitious. Disney+ said in its contribution to the CMS Committee that it is confident it already meets the obligations set in the Bill and Netflix also said it has English-language subtitles for 100% of its UK catalogue and audio description of all its English-language branded content in the UK. Though on-demand services should be commended for that great work, it shows that a target of 40% of content being subtitled could be stronger. I understand that the 5% target for signed content on large back catalogues is seen by some as slightly more burdensome, but BSL users deserve to watch on-demand services as much as anyone.

Where BSL interpretation is available, it is used, with the BBC reporting that 1.4 million people watched the signed coverage of the coronation. Does the Department, therefore, have any plans to increase the requirements in future? I would hope that the standards are seen as a minimum and just the beginning, rather than an aspirational goal or target for larger services. Indeed, should the code be applied beyond tier 1 services at any point, I would expect that smaller services might be exempt from some of the quotas where necessary.

The RNIB and RNID have further shared with me their concerns about the timescale for implementation. Powers were initially created in the Digital Economy Act 2017 to set minimum levels of access services for on-demand TV. The timeline just shows how rarely such legislative opportunities come about. Are there any mechanisms that could shorten the timescale if desired or needed?

It is also important that online and digital accessibility measures are not used as an excuse to axe services that are more convenient and inherently accessible to disabled people. When campaigning against the changes being made to BBC local radio services, I met the National Federation of the Blind multiple times. They taught me that radios with real, tactile buttons are often much easier for the visually impaired to operate compared with websites, even though websites claim to be more accessible. It is important, therefore, that an increase in accessible content through on-demand services is not used as a reason for saying that other options are no longer necessary.

I would like to touch on the issue of disabled representation in the media more broadly which was highlighted to me by Brooke Millhouse and Simon Sansome, who run podcasts on disabilities as part of their work. I met them briefly a few weeks ago alongside the shadow Minister for disabled people, my hon. Friend the Member for Lewisham, Deptford (Vicky Foxcroft). It is very important that on-demand services can be accessed by disabled people, but that can and should be matched with a conscious effort to better represent the lives of disabled people in that content. That means getting more disabled people into the creative industries, right the way through from writers to actors, in the hope of creating a more diverse array of disabled characters. In doing so, we might be able to finally put a stop to disabled people primarily being represented in the extremes.

[Kirsty Blackman]

The hon. Lady is making a powerful and important point. All of us feel better when we can see lives like ours reflected on the television screen. She is absolutely right that we currently see extremes for disabled people; we do not see them on television programmes living their lives as they do. It is all about, “That person is disabled, and that is why they are on this programme,” rather than, “That person is on this programme; they are living their life and they happen to be disabled,” which is much more reflective of life in general.

[Stephanie Peacock]

I completely agree. That is the point I am attempting to convey to the Committee: that we want to see everyday life reflected on television, and that obviously includes disabled people. What work is the Minister’s Department doing to open up opportunities for disabled people in the creative industries and to encourage better representation in the media?

As I have said before, if we to implement a new regime whose effects we really believe in, but that regime relies on Ofcom being a strong regulatory presence, Ofcom must be empowered to act with strength where that is needed; otherwise, the desired impact will not be realised. As such, I am happy with the powers set out in schedule 6, but what recent conversations has the Minister had with Ofcom about its capacity to carry out all the new duties bestowed upon it by the Bill? It is important to the integrity of the new regime for on-demand services, and to the Bill more widely, that there is confidence on all sides in Ofcom’s ability to enforce the new regulation.

Schedule 7 amends references to tier 1 services in the Representation of the People Act 1983, the Communications Act 2003, the Wireless Telegraphy Act 2006 and the Online Safety Act 2023. I will speak specifically about the amendments to the Broadcasting Act 1996, as those changes will have a more tangible impact. The changes in this schedule require Ofcom to create a tier 1 fairness and privacy code and to bring tier 1 services in line with Ofcom’s enforcement powers on breaches of the fairness and privacy code. Hopefully, that will protect members of the public from unwarranted infringements of privacy resulting from the activities of video-on-demand services, but some on-demand and streaming services, particularly Netflix, have raised concerns about the impact on their content and on Ofcom’s resources. They warn that, since the fairness and privacy code will enable complaints to be made from outside the UK, Ofcom could become something of a global policeman, and will have use its resources dealing with complaints from people who do not live in the UK but have failed to seek redress elsewhere.

That practice—complaint tourism—is of particular concern to Netflix in relation to its catalogue. It says it is aware of international complainants previously trying to use the UK regulator to get material removed. It appears from the pre-legislative scrutiny process that Ofcom does not share those concerns. Its approach seems to be that if harm is happening, or there is a risk of harm to UK audiences, it wants to know, regardless of whether a complaint is being raised by someone outside the UK. However, it would be reassuring if the Government and Ofcom worked together to monitor the extent to which the code requires Ofcom to manage a high volume of complaints from abroad, to ensure that genuine complaints can be handled appropriately and that complaints with malicious intent are not encouraged.

Overall, I hope it is clear that I am pleased that the on-demand services will finally be regulated. I look forward to hearing more from the Minister in response to my questions about the details.

[Sir John Whittingdale]

As I said in my earlier remarks, we feel that the hon. Lady’s amendment in particular is unnecessary. Regarding the phrase “matters to be taken into account” by Ofcom in drawing up the list, those matters that are specified in the Bill are not exclusive; there is an ability to take other matters into account. The purpose of this measure is to set out the general regard for the principles that Ofcom is required to consider, so I do not think that this amendment would add anything to the existing position. For that reason, we do not support it.

I agree with the hon. Lady very much about the importance of accessibility. As she rightly said, that is something that the organisations representing disabled people have been campaigning on for a long time. Regarding the targets in the Bill, it is the hope and expectation that broadcasters will exceed the minimum targets wherever possible, but it is possible for the Secretary of State to increase the minimum targets at some future date.

Interestingly, the hon. Lady said that she does not want to add to the burden on smaller services. To some extent, that is exactly why the tier 1 provisions were put in place: so that the requirements are different for much smaller services, which would otherwise find them quite burdensome. As for her comments about Ofcom’s resource, it is certainly not the intention that Ofcom should become a sort of global policeman acting on behalf of anybody around the world who wants to make a complaint, particularly about content that is designed for global audiences. Some of the big streaming platforms commission programmes that are intended to be viewed right around the world, but Ofcom’s role is to protect UK consumers, and obviously it will need to take that into account in how it administers the code.

I am grateful to the hon. Lady for her support for the overall intention behind these measures. I am sorry that I cannot accept her amendment, but I think the Bill will deliver what she wants to see.

Question put and agreed to.

Clause 37 accordingly ordered to stand part of the Bill.

Schedules 5 to 7 agreed to.

Clause 38

Audience protection reviews

[Stephanie Peacock]

I beg to move amendment 30, in clause 38, page 78, line 25, at end insert—

“(e) information about where viewers can seek help if they have been affected by content.”

This amendment would add “signposting” measures to the audience protection measures which OFCOM must review under new section 368OB of the Communications Act 2003.

[The Chair]

With this, it will be convenient to discuss the following:

Amendment 34, in clause 38, page 78, line 25, at end insert—

“(4A) 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.”

Clause stand part.

[Stephanie Peacock]

I have already spoken in detail about the rise of on-demand services and the need to bring them into the scope of Ofcom regulation. At the heart of these calls is a desire to ensure high standards of protection for audiences, so I welcome clause 38, which requires Ofcom to carry out a review of the protection measures in place on on-demand services. I understand that this review will then be considered against the duty to protect audiences from harm, as set out in the Communications Act 2003, to ensure that standards of protection are high across the board.

It is important, as Ofcom pointed out in its contribution to the CMS Committee inquiry, that such a review considers the unique differences seen in an on-demand environment. For example, rather than catching a programme halfway through, users are likely to start at the beginning of an episode or movie, meaning that there is an opportunity to warn audiences about the nature of the content they are about to see. With that in mind, I am happy for the most part with the clause, as the examples of matters to be considered include parental controls, content warnings, age assurance measures and age ratings. I will speak about them in more detail in a moment, but first I will pick up on a point made by the Antisemitism Policy Trust. In its submission to the CMS Committee, the trust identified something that had perhaps been left out of the list of measures that are to be reviewed, in particular the value of signposting and educational resources when viewers might be impacted by a programme.

Content warnings and age ratings can give a viewer an idea of what a piece of content might contain before they watch it. Although there is always a chance that a viewer will be affected by a programme or film in an unanticipated ways, some viewers may go ahead and watch a programme knowing that it may affect them, in an attempt to find solidarity about something that they have gone through. In such cases, information on where to seek further help can be extremely useful, not only for the individual who will be able to access support and resources, but for society as a whole when programmes address potentially harmful topics such as racism, extremism or self-harm. In those cases, further resources can help to counter any damaging narratives.

This sort of education and signposting is not a new concept. Indeed, on linear television, we often see a message pop up at the end of a show to guide us towards a particular charity or organisation if we have been affected by the content. On-demand services have also adopted that approach in some areas. For example, the Antisemitism Policy Trust says it has engaged in discussion with Channel 4 about its support offers following a documentary the channel hosted on antisemitism. However, there does not seem to be a co-ordinated approach to that sort of feature, and I fear that could continue if the measures are not included in the clause.

The Ofcom review should cover signposting and educational resources as an important component of audience protection, alongside those measures already listed. Such measures can and should play an important part in complementing warnings and ratings, which cannot do much to help once a piece of content has already been watched. Amendment 30 does not prescribe that education and signposting will always be necessary or even needed in just some circumstances; it simply suggests that the way in which they are used should be reviewed alongside other audience protection measures. I hope that the Minister and colleagues will support the amendment, with a view to putting the best interests of viewers first.

There has also been a lot of discussion about whether it would be appropriate to identify a single system of age ratings across on-demand services. As has been the case throughout much of the Bill, the clause is not over-prescriptive about how age ratings and protections for under-18s should be presented in the new audience protection code for on-demand services. It simply confirms that such ratings should be reviewed as part of the process. Of course, such protections are extremely important. On linear television, the watershed has long provided a distinct barrier to ensure that content is age appropriate to the time it is being shown. Further, there is a high standard of protection in place on the content that public service broadcasters create in general, due to a combination of regulations, which has been crucial in ensuring that children are not exposed to material that could be damaging to them and their development. How we mirror those protections for online content must therefore be explored in depth, both by us in Parliament and Ofcom in its review.

Despite the need to keep legislation flexible, I believe that some criteria for age ratings should be recognised legally, but they have not yet been. There are already some strong examples of good practice in the area of age classification. In particular, I will highlight the work being carried out by the British Board of Film Classification. Long before there was a possibility of consuming thousands of films on our phones, BBFC was providing trusted age classification services for cinemas and packaged media. Its ratings are almost universally recognised across the UK; the general public have a strong understanding of the categories, which run from U to 18. Trust in BBFC ratings comes not only from their being widely recognised, but from their being underpinned by a transparent set of standards and informed by regular consultation with the UK public, so that changing attitudes on relevant topics such as violence and swearing can be taken into account. That consistency, transparency and track record over time means that where BBFC ratings are used, families can be sure that the content is appropriate for the stated age group.

To keep providing its service in the modern media landscape, BBFC has been working hard to adapt its best-practice age-labelling system to be used in video-on-demand settings. That is exemplified by its hugely successful partnership with Netflix, where 100% of content now carries BBFC ratings on a voluntary basis. Netflix uses the BBFC criteria to police its own content, which is then periodically cross-checked by the BBFC for accuracy. That model seems to have great potential to be rolled out further to provide universally understood and trusted ratings for children and adults alike, but some providers use alternative methods of providing age ratings and protections.

--- Later in debate ---

[Sir John Whittingdale]

I am interested to hear that example. There will always be disagreement about what is suitable for children and what is not. Some parents will take a much stronger view on what is appropriate than others, who will think it part of the education. Ofcom has a lot of experience in this. I am not sure whether it was “A Christmas Carol”. I remember a good version that contained some quite graphic material, which perhaps was not in the original by Dickens. I think that was on the BBC, so it would have already been subject to Ofcom’s scrutiny.

Part of Ofcom’s overall objective, in determining whether a system of age rating is appropriate or viable, will be to make sure that it is in line with other systems, so that parents have a basic level of assurance, whatever they are watching and whatever system for determining age ratings is chosen by that provider.

Amendment 30, tabled by the hon. Member for Barnsley East, seeks to add information about where viewers can seek help, if they have been affected by content, to the list in new section 3680B of examples of audience protection measures. I completely agree that it is sometimes absolutely right that audiences be given a warning if they might suddenly encounter content that they were not expecting and which could be distressing. That already takes place across the broadcasting sector, and it is appropriate. However, the Bill already fully enables Ofcom to review or provide guidance on any such measures. The Bill purposely does not give an exhaustive list of measures that Ofcom can consider. As a result, it will enable Ofcom to take into account anything it considers to be appropriate. That can certainly include signposting.

The hon. Lady’s amendment 34 would impose requirements on Ofcom when it is assessing age ratings on VOD services. However, we feel that there is a danger that that might restrict innovation and impose extra requirements and costs on VOD providers that will not necessarily equate to increased protection. As I think I said on Second Reading, I am a great admirer of the work of the BBFC, with which I have worked for at least 30 years. Generally, it reaches very sensible decisions on what is deemed appropriate. It goes to great lengths to ensure that its ratings reflect the current standards of what the public views as appropriate for particular age ratings. My reluctance to support the hon. Lady’s amendment in this area is not in any way a reflection on or a criticism of the BBFC. The Government take the view that we do not think it appropriate to mandate the use of BBFC ratings at this time.

The important thing is that each channel should have a system of age ratings that delivers effective protection for young people. It is for Ofcom to assess whatever audience protection measures are put in place by that channel to ensure that they are effective and fit for purpose. We think that that is more effective than specifying any individual system. Ofcom will have the power it needs to provide guidance and to report and deal with any providers that it considers are not providing appropriate audience protections. For that reason, we feel that amendment 34 would put unnecessary restrictions on Ofcom and could preclude any new form of age ratings from entering the market. I am afraid that I am therefore unable to accept the hon. Lady’s amendments.

[Stephanie Peacock]

I appreciate the Minister’s comments. Although I do not fully agree with his explanation, I am quite happy to withdraw amendment 30.

I will not press amendment 34, but I will just clarify that although I think there is agreement across the Committee that we support and praise the work of the BBFC, my amendment was not specifically mandating BBFC ratings or the use of the BBFC, however well it does. My amendment set out three best practice criteria: recognition, transparency and consultation. It proposed that those three things be taken into account by Ofcom. Obviously the BBFC does that very well, and others might too. The distinction that we are making is that where those are not taken into account and the public cannot necessarily trust age verification ratings, where problems emerge. However, I have put my points on the record and I am happy not to press amendment 34.

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 38 ordered to stand part of the Bill.

Clause 39

S4C: on-demand programme services

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

[Sir John Whittingdale]

This is a very brief return to S4C, which we debated before our lunchtime break. All clause 39 will do is amend the Communications Act to update the regulation of S4C’s video-on-demand services to bring them into line with other UK on-demand services. It removes the red tape that currently means that Clic, the S4C on-demand service, is regulated not by Ofcom directly, but by S4C’s board, which could be fined by Ofcom if it contravened the basic requirements that other VOD services have to follow. The change will also mean that Clic will, in due course, be rightly regulated under Ofcom’s new VOD code. It will also have the accessibility requirements for subtitles, audio description and signing to support those with sight and hearing loss. I should add that the clause is also fully supported by S4C.

[Stephanie Peacock]

Clause 39 will make amendments to the Communications Act to update the regulation of S4C’s video-on-demand services, as the Minister has just outlined. I believe these to be largely technical changes to create consistency, and I therefore have no further comments.

Question put and agreed to.

Clause 39 accordingly ordered to stand part of the Bill.

Clause 40

Other amendments of Part 4A of the 2003 Act

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

[The Chair]

With this it will be convenient to discuss schedule 8.

[Sir John Whittingdale]

Clause 40 introduces schedule 8, which contains minor amendments to part 4A of the Communications Act 2003, covering existing legislation for video-on-demand services. The changes will ensure that existing legislation will be updated where necessary to take into account the new regulatory regime for tier 1 services. These are simple, minor and technical amendments, which include updates to existing enforcement definitions to include the newly defined tier 1 non-UK services. Schedule 8 will also remove or amend old target-setting provisions on accessibility that are not needed after the addition of new, more robust accessibility requirements contained in schedule 5. I commend clause 40 and schedule 8 to the Committee.

[Stephanie Peacock]

I have no particular concerns to raise about the content of the changes. As the Minister said, they make minor amendments to part 4A of the Communications Act, and update requirements and definitions to reflect the changes made in this part, and in the media landscape more generally.

Question put and agreed to.

Clause 40 accordingly ordered to stand part of the Bill.

Schedule 8 agreed to.

Clause 41

Licensing of analogue radio services

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

[Sir John Whittingdale]

We now turn to part 5 and the provisions affecting radio. Clause 41 is the first of seven clauses through which the Government are updating the legislative framework for the licensing and regulation of commercial radio. The intention behind the changes is to ensure that the regulatory structure continues to support investment by broadcasters in content and the long-term sustainability of the sector. They will also strengthen the protections for local news and information which are a fundamental part of radio’s public value.

To that end, clause 41 will make a number of changes to the Broadcasting Act 1990 to allow Ofcom greater flexibility when exercising its powers in relation to analogue radio licensing. Subsection (2) removes the current statutory requirement for Ofcom to provide for a diversity of analogue services. The requirement is no longer necessary, given the wide range of stations now available over digital. Subsection (3) gives Ofcom a new power to extend analogue licences in the event that a date is set for a digital switchover which postdates the expiry of any remaining licences. I commend the clause to the Committee.

[Stephanie Peacock]

I am pleased we have reached the stage of the Bill when we can discuss the importance of our radio services. There will be further opportunities to talk about protecting radio services in the digital age in part 6, but I would like to begin by acknowledging my support for radio. Indeed, as the digital radio and audio review recognised back in 2021, radio is a great British success story. Almost 90% of the population tune in to the radio each week, where they find trusted news, entertainment, music and cultural programming. It is important that these clauses look to protect the future of those services, from commercial to BBC to community radio, and ensure that people are able to enjoy them for years to come.

Despite the continued popularity of radio, however, the provision of services and listening habits have both changed significantly over the past few decades, particularly with regard to the decline of analogue radio. Since the launch of DAB, its popularity has grown and grown, resulting in 76% of listening to commercial radio now being on digital platforms. That trend has led to an estimate that analogue radio listening will account for just 12% to 14% of all radio listening by 2030. As a result, we must ensure no one who listens to analogue radio is prematurely excluded from accessing those services. As is the case with those who watch broadcast television, it is vital that we update our legislation to reflect the new realities in the sector.

The clause seeks to do just that by removing Ofcom’s duty to provide a range and diversity of national and local analogue radio services. Of course, is still important that a range and diversity of radio services are available. However, the rules applying specifically to analogue services were conceived when there was an inherently limited number of stations. Ensuring diversity within this small range of services was therefore sensible in order to cater for as many people’s needs as possible. Now that we are no longer limited to a small choice of analogue stations, there is an unprecedented range of radio services available. These truly do cater for everyone, covering genres from country to dance, and eras from the ’60s right through to the present day. Radiocentre confirms that these digital services will be unaffected by the changes in regulation, so this immense choice will remain available despite the changes in this Bill.

In that context, it seems appropriate to remove legal requirements on creating diversity in analogue services specifically. That is not to say that analogue services do not remain important; indeed, FM coverage is greater than DAB coverage, so it is vital to rural areas, particularly in Scotland. However, with the new and heavy regulatory responsibilities that Ofcom is taking on as a result of the Online Safety Act and this Bill, it is sensible that we alleviate outdated duties by recognising the bigger picture.

The clause will also make one other major change, following the commercial radio deregulation consultation in 2017. In the event of a digital switchover date being issued for radio, the clause allows Ofcom to extend for a short period any licences that are due to run out before that date, so that they can continue operating until the switchover date. It is my understanding that there is currently no nominated date for switchover. The digital radio and audio review has confirmed that FM spectrum will be needed for BBC, commercial and community analogue radio until at least 2030.

Should a date be announced in future, it makes sense that there be flexibility in licence arrangements to ensure that they can continue until any end date. Placing that flexibility in the Bill will hopefully save parliamentary time in the long run. The very fact that it was 2017 when the Government decided that that change would be made shows how rarely the opportunities come about to make legislative changes. However, although this measure will be sensible if the time comes, it is still very important for the timing to be right. It would therefore be good if the Minister outlined today the Department’s current thinking on the future of analogue radio beyond 2030. As has been mentioned, although we must take into account the dominance and range of DAB services provided, DAB is not available as widely as FM. The future of FM is still vital to people, particularly in rural areas.

As I did in speaking about broadcast television, I point to the Broadcast 2040+ campaign and its work to highlight the importance of preserving broadcast services despite the rise of online services; I was pleased to attend its event in Parliament. It is with that question on analogue radio’s future in mind, and with full support for the future of a diverse programme of radio services, that I would like to conclude.

[Sir John Whittingdale]

I welcome the hon. Lady’s invitation to speak a little more broadly on radio in general. About 20 years ago, lots of people were saying that radio was in permanent decline. It was thought that the advent of things like podcasts and streaming services such as Spotify would mean that people slowly gave up listening to radio.

I am delighted that that has proved to be completely wrong. Actually, radio is going from strength to strength, particularly in the commercial radio sector, at which these clauses of the Bill are primarily aimed. It is doing very well, which is extremely welcome.

Similarly, about 20 years ago there was a great debate about when we should switch off analogue transmission as people moved to digital. The hon. Lady is right to say that the take-up of digital broadcasting has been considerable and continues to grow. We now have additional means of radio reception, such as via smart speakers or online, which we will debate when we consider later clauses of the Bill. There is a wealth of ways in which listeners can access radio, but I think analogue, rather like digital terrestrial television, will be around for some considerable time. I am afraid that I cannot give the hon. Lady a date by which we think we might switch off analogue, but it is not under consideration at the moment. Actually, I do not think that radio is particularly pressing for it in the way it was some time ago, for cost reasons.

--- Later in debate ---

[Stephanie Peacock]

Clause 42 amends rules around local radio licences, as the Minister has outlined.

The Broadcasting Act 1990 sets out that Ofcom must publish a notice stating that it proposes to grant a licence to a local service before granting such a licence. The notice must specify the area in which the service will be provided, invite applications for the licence, specify a close date and state the fee for applications. This sort of competition is becoming less and less necessary, particularly as most licences are eligible for renewal under additional rules in the Broadcasting Act that allow for renewal when Ofcom is satisfied the licence holder is also providing a local digital radio service. As such, it makes sense to give Ofcom the discretion to decide how applications will be made in future, removing the prescriptive notice and competition requirements. This will allow for flexibility going forward, allowing Ofcom to exercise its own judgment on applications in a changing landscape while also maintaining its ability to require fees if necessary.

The clause also allows for parity on the ability to renew a licence where it is not possible to broadcast a digital service. It seems fair to ensure radio services that intend to broadcast on digital but physically cannot do so are not excluded from being able to renew their licence in the same way as those with a digital service. The technical changes being made in this part have been long awaited, and I hope it will benefit both Ofcom and radio services to finally have flexibility where it is needed.

Similarly to clause 41, clause 43 accounts for the fact that things have changed quite dramatically from the times where a strict, finite number of radio licences were available. In a situation where there were limited services, it made sense that licences for providing such services would include precise conditions on character to ensure that each station provided content to a high standard. Indeed, the current requirements on character are prescriptive, and can be deviated from only if Ofcom is satisfied the departure will not narrow the range of radio programmes available to people living in the area where the licence was provided. However, given the unprecedented choice and diversity of content now available across commercial radio, to have such strict conditions on character seems much less necessary. It makes sense, therefore, to review which aspects of the conditions on character should be kept, and which are outdated.

I will speak more on the requirements that must be maintained when discussing clause 44, but overall it seems sensible to provide more flexibility on character conditions given the range of services now available, which this clause allows for.

Question put and agreed to.

Clause 42 accordingly ordered to stand part of the Bill.

Clause 43 ordered to stand part of the Bill.

Clause 44

Local news and information

[Stephanie Peacock]

I beg to move amendment 31, in clause 44, page 83, line 12, at end insert—

“(5A) After subsection (1A) insert—

‘(1B) The Secretary of State must publish guidance as soon as practicable after the commencement of this section on the guidance which OFCOM is required to draw up under subsection (2), including the meaning of “local news” for the purposes of subsection (1).’”

This amendment would require the Government to publish guidance regarding OFCOM’s responsibility to ensure that broadcasting licences contain conditions requiring the broadcast of local news and information, including clarity on what ‘local news’ means in this context.

[The Chair]

With this it will be convenient to discuss clause stand part.

--- Later in debate ---

[Stephanie Peacock]

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

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

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

[Rob Butler (Aylesbury) (Con)]

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

[Stephanie Peacock]

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

[Rob Butler]

I may not go that far.

[Stephanie Peacock]

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

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

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

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

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

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

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

In its submission to the Committee, Ofcom said:

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

In response, although the Government said that they accepted

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

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

[Sir John Whittingdale]

Perhaps I should start by outlining the purpose of clause 44, which makes changes to section 314 of the Communications Act to reflect the evolution of the market and the findings of the Government’s 2017 consultation on commercial radio deregulation.

In particular, it is clear from that consultation, and the steps taken since by Ofcom to relax its definition of locally made programming, that the requirements in this area are too onerous and are constraining the industry from rationalising its production base. This is making it harder for stations to compete effectively against new online services, so the clause removes the requirement for Ofcom to secure that stations provide a certain amount of programming from a studio within their coverage area. However, it is the case that local news and information remain of great importance to listeners, and their provision remains central to radio’s public value. Commercial radio’s local news provision plays an important role in ensuring plurality in the sector. Stations will, then, be specifically required to provide news that has been gathered within the area to which they broadcast.

The provisions do not require stations to directly employ journalists to gather local news. A station could, for example, enter into a partnership with a newspaper agency or a freelance journalist who gathers news in the local area. We also taking powers to apply the requirements to DAB services if there is a future shortage of available local news. This could take a variety of forms—for example, Ofcom could be required to impose conditions in local radio multiplex licences that require the multiplex operator to carry at least one digital radio station that carries local news and information. Alternatively, the multiplex operator could be required to reserve capacity on the multiplex for a radio service that carries local news and information. At the moment, many existing digital radio services are simulcast versions of analogue stations that carry local news and information, so we do not consider that there is currently a need to consider in detail how the powers would be exercised.

Amendment 31 seeks to add a requirement for the Government to publish statutory guidance on the interpretation of the clause, including on the meaning of “local news”. Ofcom would then need to have regard to that guidance in developing its own guidance for holders of local sound broadcast licences on how they are able to meet the new local news and information requirements as set out in the Bill.

--- Later in debate ---

[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.

[Stephanie Peacock]

I appreciate the Minister’s comments. My amendment was based on concerns put forward by Ofcom and the CMS Committee. The issue of, and debate around, local news is important. Further to the point made by my hon. Friend the Member for Luton North about consultation, although this debate is of course not about the BBC, we are all very familiar with its changes to local radio, which were made without any local consultation. Further to the point made by the hon. Member for Aylesbury, the listeners from Barnsley who used to tune into BBC Radio Sheffield are now listening to programming for the entirety of Yorkshire. Obviously, that is a parallel issue not connected to this, but having local people involved in these decisions is really important. I hope that Ofcom is genuinely satisfied with the Minister’s comments, and I beg to ask leave to withdraw my amendment accordingly.

Amendment, by leave, withdrawn.

Clause 44 ordered to stand part of the Bill.

Clause 45

Financial assistance for radio

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

[Sir John Whittingdale]

The clause amends section 359 of the Communications Act 2003 to give the Secretary of State the power to provide financial assistance for, or in connection with, the provision of community radio, commercial radio services and audio production. It is a technical amendment.

The covid-19 pandemic provided an illustration of circumstances in which the Government may need to make grants directly to radio stations, potentially on an urgent basis. In particular, during the pandemic the Government relied on the funding powers found in section 70 of the Charities Act 1993 and common law powers, in conjunction with section 86 of the Coronavirus Act 2020, to provide funding in relation to various radio services. However, relying on provisions such as section 70 of the Charities Act and common law powers is not always straightforward; it requires a considerable amount of legal and policy analysis to establish whether the relevant power is available for the need identified.

The purpose of the clause is therefore to make it explicit that radio stations and audio producers, whether their content is for on-demand or broadcast access, as well as those who facilitate the transmission of radio and audio content, can benefit from potential future grant schemes. I commend the clause to the Committee.

[Stephanie Peacock]

As I have spoken at length about my support for radio services, it will come as no surprise that I welcome the power for the Secretary of State to give financial assistance for the provision of such services. The measure is welcomed by AudioUK and Radiocentre, which ran a successful three-year pilot of the audio content fund. I understand that that came to an end, having previously been funded through the TV licence fee, but I hope that the measure will make it easier for the Department to support like-minded projects directly in future, where needed.

Does the Department have any plans to use the provisions? If so, how? The answer to that question is of interest not just to those who seek to benefit from this new opportunity, but to those benefiting from other funding pots. Indeed, the UK Community Radio Network has shared with me its concern that the commitment would be delivered off the back of funding currently allocated to the community radio fund. The UK Community Radio Network says that opening up the fund to more broadcasters could have negative consequences for the sector. Will the Minister clarify whether the aim of the clause is to expand the community radio fund?

Many colleagues spoke in support of local TV on Second Reading. Local TV forms a vital part of the wider television ecology and makes a great contribution to communities up and down the country. The Local TV Network has also been in touch with me to share that, although it is not seeking financial assistance, it would have liked a similar clause for local television to have enabled an increase in local programming or expansion of geographic coverage. Did the Department consider such a clause during the development of the Bill? It would be good to hear the Minister’s response, particularly given that the Bill does not give local TV the same prominence benefits as our public service broadcasters.

[Sir John Whittingdale]

The hon. Lady raises a number of issues. I remain a great supporter of the audio content fund, which was created when I was first in the Department and responsible for the renewal of the BBC charter. Of course, the audio content fund, along with the young audiences content fund, was funded for a time through licence fee money. It did a good job, but at the moment there is no plan to resurrect it. I remain a great supporter of community radio, and certainly there are no plans to raid the community radio fund for that purpose either. The clause creates a general power that will make it much simpler for us to provide grants directly to radio stations or for the transmission of radio, but I regret that at the moment there is no immediate prospect of doing so.

The hon. Lady touched on local television. I met local TV representatives yesterday. The Government will shortly announce the result of the consultation on the renewal of licences for local TV. I remain supportive of local TV. We continue to discuss issues around prominence with local TV representatives. Again, I am afraid that there is no current likelihood of our being able to provide financial assistance.

Question put and agreed to.

Clause 45 accordingly ordered to stand part of the Bill.

Clause 46

Licensing of non-UK digital sound programme services

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

--- Later in debate ---

[Stephanie Peacock]

The clause allows the Secretary of State, by regulation, to specify a country in which international digital radio services can come under Ofcom’s regulation and be broadcast in the UK, as the Minister outlined. I understand, as he said, that this was done with the intention of specifying Ireland as a qualifying country first, so that Irish radio services can apply for digital licences for broadcast in the UK. When this issue was consulted on back in 2017, the majority of respondents were in favour of allowing this, particularly in the case of Ireland; the station RTÉ was identified as long having been important to members of the Irish community living in the UK.

While there must always be careful consideration of the spectrum available and the need to ensure a diversity of UK-based services, I see no reason why selected non-UK stations of particular importance to those living in the UK cannot complement UK services. Indeed, these non-UK services may be uniquely placed to attract new audiences to radio and subsequently advertisers and sponsors. It is due to those same concerns about prioritising UK services, however, that it seems the Government have opted to take a gradual approach to the change, allowing the Secretary of State to specify one country at a time, rather than opening things up more broadly. This gradual approach has perhaps been even more gradual than expected, given the five-year gap between consultation and the Bill.

Could the Minister share with us whether the Department has any intention of specifying countries other than Ireland under the clause? For example, does the Secretary of State intend to extend this arrangement to any other station’s licence, in the EU or beyond? I am pleased to support the clause, but I am keen to hear an update on whether there are plans to actually use it.

[Sir John Whittingdale]

The hon. Lady is right that, at the moment, the demand is primarily from Ireland. If there were to be significant demand from other countries, this would need to be reviewed in the context of views from industry and advice from Ofcom. The regulations would then be in the form of an affirmative order, which would need to be laid before the House, but there is no current intention of doing that.

Question put and agreed to.

Clause 46 accordingly ordered to stand part of the Bill.

Clause 47

Radio multiplex licences

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

[Sir John Whittingdale]

This clause updates provisions in the Broadcasting Act 1996 to remove Ofcom’s function of overseeing the line-ups of national and local radio multiplexes, in light of the Government’s 2017 consultation on commercial radio deregulation and the responses to it. As long as applicants for a multiplex licence can demonstrate that they are able to provide a sustainable service with sufficient geographic coverage, and that they will enable fair and effective competition, they will otherwise be free to decide the number and nature of the radio stations they carry. This change reflects the availability of a wide range of stations across the UK, and will allow for simpler arrangements between multiplex operators and Ofcom.

[Stephanie Peacock]

Clause 47 continues the deregulation of requirements on radio, this time simplifying radio multiplex licence applications. In effect, this means that Ofcom will no longer have to oversee the line-up of national and local radio multiplexes, other than by ensuring that there is regard for sustainability and competition. Again, when this was consulted on in 2017, most respondents agreed that there was no longer a need for Ofcom to oversee station line-ups on multiplexes and approve changes. As I have said multiple times, the need to oversee the content and diversity of radio services has decreased significantly since the introduction of a vast range of digital services. I believe this relaxation of requirements, therefore, should not have any negative effects on the range of services available for audiences in the UK, with their different tastes, needs and preferences.

As we come to the end of our consideration of the provisions on regulation of radio services, I reiterate my support for radio services, which provide so much to audiences. I am pleased that this package of long-awaited changes will finally be implemented, and I hope that the future of radio is protected for years to come. That hopefully leads us nicely to the next part of the Bill, which we will debate next week.

Question put and agreed to.

Clause 47 accordingly ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned. —(Mike Wood.)

Media Bill (Third sitting)

Stephanie Peacock Excerpts

Committee stage
Thursday 7th December 2023 Public Bill Committees

[The Chair]

Order. Before we begin, I remind Members to please send any speaking notes to Hansard at [e-mail]—they will be very grateful. I also remind Members to please switch all devices to silent, and that tea and coffee are not permissible in this sitting.

Clause 28

Prominence on television selection services

[Stephanie Peacock (Barnsley East) (Lab)]

I beg to move amendment 21, in clause 28, page 37, line 4, at end insert—

“(5) A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

This amendment would make the Secretary of State’s power to designate regulated television selection services subject to approval by both Houses of Parliament.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 29, in clause 28, page 40, line 2, at end insert—

“(2A) When preparing guidance under subsection (1), OFCOM must have regard to the strategy and policy published by the BBC pursuant to clause 62 of the Agreement between Her Majesty’s Secretary of State for Culture, Media and Sport and the British Broadcasting Corporation, dated 7 November 2016, as that clause may be amended or updated at any time.”

This amendment requires OFCOM explicitly to consider the relevant parts of the BBC’s regulatory framework when setting its guidance for the new prominence regime under subsection (1) of 362AL.

Clause stand part.

Schedule 3.

[Stephanie Peacock]

I am pleased to be starting part 2 of the Bill today. Indeed, an update to the prominence regime is arguably the most anticipated of all the Bill’s measures, and I am certainly keen to see it come into force.

As I have spoken about many times already, our public service broadcasters are the cornerstone of our broadcasting sector in the UK, investing billions in original productions and creating content that is trusted, valuable and entertaining for UK audiences. Historically, in return for the high standard of programming and investment that public service broadcasters provide, their channels have been made easy to find on linear television sets—to the benefit of audiences across the country. However, amid rapid changes in how viewers access television and content more generally, the prominence regime, which has not been updated for decades, is at increasing risk of becoming diluted and outdated.

As ITV identified in its submission to the Culture, Media and Sport Committee, the major risks are twofold. First, public service broadcasters are in danger of being cut out of view, as global content players and platforms strike international deals with online platforms for prominence. Secondly, as a result, our public service broadcasters are at risk of being forced to concede increasingly material percentages of their revenue to these platforms, simply to appear on them. In this situation, it seems like almost everyone loses out—from audiences, to the wider UK production economy, to even the platforms themselves, which may find themselves in a position where they cannot promote the content that UK viewers most want to see. A new prominence framework for the digital era, therefore, was always going to be crucial.

The next question to answer was how prescriptive such a new regime would be in legislation. I am pleased that, in response to this, the Government have avoided explicitly spelling out what prominence looks like in the Bill, or making primary legislation restrictive or resistant to future changes in technology and behaviour. Instead, we have before us a principles-based approach based on finding mutually beneficial carriage deals between what is branded “designated internet programme services” and “regulated television selection services”, with Ofcom being able to provide a framework in which these negotiations can operate.

That is then backed up by a strong dispute resolution and enforcement powers for Ofcom, including the ability to improve significant penalties in the result of non-compliance. This allows for maximum flexibility in both legislation and negotiations, as well as proper protections where agreements cannot be reached. It also allows for the regime to be expanded where necessary to capture new technology that people might be watching television content on. Platforms and PSBs have a history of successful negotiations, creating mutually beneficial deals and partnerships that would be counterintuitive for the prominence regime to undermine.

With that in mind, I am glad that the Department has made a few changes to the initial drafting of the Bill, in particular regarding the agreement objectives that are designed to incentivise the agreement of appropriate terms between platforms and PSBs. The original phrasing had concerned both parties. For PSBs, there were fears that the stated focus on costs would see platforms making unfavourable demands on advertising and data. For the platforms, there was concern that the phrasing could imply a responsibility on their behalf to cover the cost of PSBs. The new phrasing, which looks at the provision of public service content to audiences in the round, will hopefully alleviate some of these worries.

It is also welcome that there has been a clarification over legacy devices. It is important that technical feasibility is taken into account when deciding which devices are designated as being in scope of the regime. I would, however, like to ask for some clarity on the requirement to secure “appropriate” prominence. This was a major topic of discussion during the pre-legislative scrutiny process, with the majority of PSBs calling for this to be upgraded to “significant” prominence. The arguments around this were mostly based on the differences between linear and digital streaming landscapes.

On a traditional television set, appropriate prominence has, in practice, meant a fixed and high slot on programme guides—a relatively straightforward goal to achieve. However, the BBC said in its evidence that it has still sometimes struggled to secure high listings for its children’s channels on linear televisions. Likewise, S4C noted that it remained channel 166 on Virgin Media in Wales until 2021 due to a wide interpretation of the word “appropriate”. On streaming sticks and smart TVs, however, there is an ambiguity as to what appropriate prominence should provide in practice, especially given the many ways one programme might be reached within only one such device. Therefore, for the regime to have its intended impact, the argument is that significant prominence will be needed to ensure that public service content is easy to find on every necessary interface. That was also recommended by the Culture, Media and Sport Committee. However, I am aware that Sky and others have expressed that there may be some unintended consequences to upgrading to significant prominence, particularly because of the risk of overriding consumer choice and preference.

Will the Minister provide a full response to the argument for significant prominence and outline the reasons why the prominence requirement has not been upgraded? Further, what conversations have been had with Ofcom on how the detail of the regime will be set out in the code of practice to ensure that it meets its aims? As I will go on to say throughout the Bill’s passage, we need a strongly empowered Ofcom if this Bill is to be a success.

On a similar note, Will the Minister tell me whether the Department has considered the possibility of including remote controls and multi-use devices in the prominence regime? I know that is something the BBC has consistently called for. Its latest thinking is that electronic programme guides could be given a prominent button on remotes, rather than one PSB in particular. Although my priority remains to see this clause passed, we must explore these questions to make sure that we are fully seizing this once-in-a-generation opportunity to ensure that public service content is easily findable in a digital age.

I will also take this opportunity to briefly discuss the role of regional prominence. Before I continue, I want to reassure colleagues that I do not mean to imply through the use of the phrase “regional prominence” that Wales and Scotland are regions, rather than nations in their own right. I use that terminology because that is how the Bill refers to prominence arrangements that will be required for the likes of S4C and STV, as well as other, genuinely regional services provided by our PSBs. For those broadcasters and their respective audiences in Scotland and Wales, proper prominence will be absolutely crucial. That is perhaps even more so the case when we consider that S4C simply cannot match the promotion budgets of those that dominate streaming platforms, yet it provides a unique service in the Welsh language that others simply do not.

However, some platforms have raised concerns over the technical feasibility of ensuring regional prominence. For example, techUK has said that technical and privacy challenges mean that providing regional variation in prominence would be a disproportionate burden. As a result, S4C has raised concerns that user selection might be used in lieu of guaranteed prominence. That would be quite different to the envisaged package of benefits that the prominence regime would provide for PSBs.

First, will the Minister first reaffirm that the Bill does not require regional prominence for S4C, STV and other regional programming that our PSBs provide? Secondly, will he update us on what discussions his Department has had with both Ofcom and platforms on how this requirement on regional prominence will be enforced and adhered to on a practical level? I know that the detail of what is required will become clear when Ofcom’s code is published after the Bill, but some baseline reassurances are needed now to clarify whether changes are needed to primary legislation to secure the kind of prominence we had all envisaged for the likes of S4C. The Bill must empower Ofcom as much as it can. Regional prominence goes to the very heart of why these changes are being made in the first place, and it is vital that its inclusion in the Bill is in no way compromised or diluted.

Finally, I will address my two technical amendments to this clause. First, I suggested an amendment that changes the power of the Secretary of State to designate or specify a description of regulated television selection services from the negative procedure to the affirmative. As the CMS Committee report recognises, although the Secretary of State can only designate services deemed to be used by a significant number of viewers, and must receive a report from Ofcom, the Minister can still make a decision that goes against Ofcom’s recommendations. Given that, it seems sensible that their decision should be open to greater parliamentary scrutiny.

Too many Bills coming through this Parliament have given sweeping powers to the Secretary of State, as the Minister and I discussed at length during the Data Protection and Digital Information Bill. Though such measures are sometimes needed to futureproof a regime, it is absolutely crucial to ensure that parliamentary scrutiny is not seen as an onerous task to be bypassed, but an important part of shaping good policies. With that in mind, I would like to see the affirmative procedure used in this case.

Secondly, the BBC has raised concern that the new framework creates a level playing field for licensed public service broadcasters in a way that it does not for the BBC. Indeed, the BBC is required under its framework agreement to publish a distribution policy, outlining the conditions under which it makes its services available. The conditions include securing appropriate prominence, quality and value for money. The BBC is also legally required to offer services to third parties without charge and on a fair, reasonable and non-discriminatory basis.

The Media Bill largely recognises that the BBC has a distinct regulatory framework—no less so than in this very clause, where it is made clear that there will be no additional “must offer” obligations on the BBC given its equivalent obligations. However, though there is explicit reference to the BBC’s “must offer” duties in the Bill, there is no matching reference to the BBC’s charter and framework agreement in the “must carry” section of the Bill. Both a “must carry” and a “must offer” requirement are needed to create the conditions for PSBs and platforms to have successful negotiations on prominence from a level playing field. The exclusion of comprehensive “must carry” requirements on platforms when it comes to the BBC may therefore make such negotiations harder. That is particularly worrying given the BBC says it already faces increasing difficulty when negotiating with some platforms that have little interest in supporting UK PSBs. It says global platforms, in particular, are more focused on self-preferencing their own content, monetising user interfaces and controlling data and algorithms.

My amendment would seek to rectify that inequality in the Bill. It would give the BBC an equivalent negotiating position to the commercial broadcasters, setting out that any regulated platform must also act consistently with the charter and framework agreement. That is hopefully a largely technical change to ensure no unintended consequences that could put the BBC at a disadvantage. My absolute priority on prominence is to ensure that the new measures are brought into force, but it is also important that we take the opportunity to ensure the new regime is as robust and effective as possible while we still have the chance.

[The Minister for Media, Tourism and Creative Industries (Sir John Whittingdale)]

This section of the Bill on prominence is a central part of the changes the Government wish to make. Although the hon. Lady has done a good job setting out the reasons we decided it necessary to update the prominence requirements, I hope she will forgive me if I recap them since I think it is important that the Government’s position is set out in some detail.

As the hon. Lady described, the objective of the UK system of public service broadcasting is to ensure that public service content is readily available to as wide an audience as possible and is easy to find. PSB prominence plays a crucial role in delivering that. In doing so, it boosts viewership and engagement, which are important to sustain advertising revenue and brand value for PSBs. In turn, that ensures they can continue to deliver the high-quality original programming that UK viewers expect. PSBs receive the benefit of prominence in recognition of the additional obligations placed on them, such as news and current affairs provision, and that has become known as the PSB compact.

However, the existing regulatory framework for ensuring carriage and prominence of PSB channels, set out in the Communications Act 2003, does not extend to the PSBs’ on-demand services, nor services other than electronic programme guides that enable viewers to navigate and select TV programmes. Audiences increasingly watch TV online and, in many cases, bypass traditional distribution platforms altogether, so without the new prominence frame- work, we risk undermining the long-term sustainability of the PSB system in the UK. All PSBs have been calling for an update for some time.

Clause 28 introduces a new online prominence framework for PSB apps, referred to in the Bill as “designated internet programme services”, wherever they appear on particular user interfaces, referred to as “regulated television selection services”. The framework is principles-based to ensure that regulation is proportionate and adaptable for the future without negatively impacting consumer choice and experiences. This approach to regulation aligns with the consistent feedback we have had from stakeholders on both sides through our engagement with them on this issue.

--- Later in debate ---

[Sir John Whittingdale]

My hon. Friend makes an interesting point, and I have sympathy with the concern he expresses. However, if this Bill was not passed, the advantages of being a public service broadcaster would be very small. All the PSBs have made it clear that they regard prominence as an essential benefit of the compact, in order that they are easily found and accessible. Because they have laid such stress on that, we assume that it is still their wish to remain designated as PSBs.

It is, of course, up to any PSB to walk away from the compact if they chose to do so. In doing so, they would no longer necessarily be able to benefit from prominence and the other advantages that come with PSB designation. However, I know that both my hon. Friend and I believe that there is a continuing need for public service broadcasting in this country. One of the purposes of the Bill is exactly to address the point he makes, by ensuring that PSB designation is still an attractive proposition for broadcasters to seek.

Let me return to one or two details of precisely how the system will operate. Once the necessary internet programme services and regulated television selection service providers have been designated, new sections 362AJ to 362AN introduce new rules to ensure the availability of public service content. That is achieved by requiring providers to offer their designated IPSs to RTSS providers and requiring RTSS providers to carry these designated services. After all, prominence would be redundant if the PSB services are not on the platform to begin with.

These availability requirements will be underpinned by statutory agreement objectives that providers of designated IPSs and RTSSs must act consistently with when reaching an agreement on the availability and prominence of designated services and when keeping that agreement in force. These include that the arrangements support the sustainability of public service broadcasting and do not disproportionately restrict how the platform may innovate its service. The intention behind these agreement objectives is for Parliament to provide expectations for the outcome of negotiations between designated IPS providers and RTSS providers. These objectives are to be supplemented by more detailed Ofcom guidance on how providers may act consistently with them.

In that respect, let me address the point made by the hon. Member for Barnsley East in her amendment 29. Proposed new section 362AL requires Ofcom to

“prepare…guidance about how providers of designated internet programme services and providers of regulated television selection services may act consistently with the agreement objectives”

when negotiating on the carriage and prominence of designated services and after an agreement has been reached. The Government absolutely recognise that Ofcom’s guidance should take into account the BBC’s equivalent duties under the framework agreement, as also reflected in its relevant strategies and policies under the agreement, including clause 62. However, I can tell the hon. Lady that proposed new section 362AL(2) already provides for such considerations by Ofcom by referring to

“any duty of the BBC under the BBC Charter and Agreement that is comparable to the duty of providers of designated internet programme services other than the BBC”.

This may be a good opportunity to expand on another point. By convention, the BBC is not regulated in statute. It is the Government’s intention for the new prominence framework to apply to the BBC through the framework agreement. We plan to work at pace with the BBC to make corresponding changes to the its framework agreement to ensure that the relevant parts of the prominence regime apply to the BBC, while also acknowledging how it legally functions. It is the Government’s view that there is already provision in the Bill for Ofcom to consider the BBC’s comparable duties and corresponding policies under its framework agreement in its guidance on the agreement objectives. It is for that reason that I am unable to accept the amendment of the hon. Member for Barnsley East.

Overall, we think the principles-based approach that we are taking, with Ofcom playing a vital role, is the correct one. It will give Ofcom the tools it needs to ensure that the regime is functioning effectively without being too inflexible or overly prescriptive. Once designated services are available on the platform in question, new sections 362A0 to 362AR introduce specific duties on providers of RTSSs, including the requirement to carry and display designated IPSs with an appropriate degree of prominence. That includes the requirement to carry and give regional prominence to designated S4C services in Wales and STV services in relevant parts of Scotland.

[Stephanie Peacock]

I asked the Minister to reaffirm that it does not require regional prominence. Obviously, I am very keen to hear that it does because I know that there are some concerns, particularly from S4C, that it might do so in theory but not in practice.

[Sir John Whittingdale]

I am happy to address that point. The hon. Lady also raised the subject, which was debated on Second Reading and in the Select Committee, of whether the requirement for “appropriate prominence” is a better description than “significant prominence”. That is something we looked at carefully, particularly as it was one of the Select Committee’s recommendations, but we feel that it is important that the approach to regulation should be proportionate and allow for flexibility and operability across different RTSSs. We believe that an appropriate level of prominence, as determined by Ofcom in the code of practice, provides that flexibility and enables Ofcom to implement the regime in a practical way.

--- Later in debate ---

[Sir John Whittingdale]

The hon. Lady makes an absolutely fair point. I hope Ofcom will look into that as it draws up the rules. Finally, on the point about voice activation, she is right that I can talk to my television set without even needing to pick up a remote control. Again, it is an obligation of Ofcom’s to consider appropriate prominence in that respect, and I am sure that it will take that into account.

[Stephanie Peacock]

I hope the BBC is reassured by the Minister’s explanation. I am happy not to press amendment 29 to a Division. This has been a useful debate, involving Members on both sides of the room, and it was particularly good to note the points about TV remote controls and gaming, which affect so many of the population.

On amendment 21, I continue to disagree with the Minister on the use of the affirmative procedure. For that reason, I would like to vote on it.

Question put, That the amendment be made.

--- Later in debate ---

The new review forms part of a broader package of measures to support the independent production sector, which also includes the new duty on Channel 4 to ensure that it commissions fairly and an increase in Channel 4’s independent production quota. The Government believe that the package delivers the best of both worlds. It gives more flexibility for Channel 4 to grow, resulting in larger and more consistent commissioning budgets and more money flowing back into the independent production sector. I hope the Committee favours clauses 29 to 31 standing part of the Bill.

[Stephanie Peacock]

I will begin by discussing clause 31, which I think requires a bit more attention, before briefly addressing clauses 29 and 30. In perhaps the most significant of the changes made to Channel 4 throughout the Bill, clause 31 ends the restriction on Channel 4 that means it cannot be involved in the making of any programmes that it broadcasts.

Before I speak in a little more detail about the clause, I want to take the opportunity to set some context. I welcome the fact that an even more significant measure has not made its way into the Bill, as the Minister alluded to. The Government’s initial plans to privatise Channel 4 would have been disastrous. Channel 4 has a truly unique role in British broadcasting. As a company owned by the British public, which costs the public nothing, it commissions new programming, creates jobs, and discovers new talent across the country.

The channel plays a key role in the pipeline of talent and skills in the industry. For example, 4Skills has provided opportunities to young people who might never have considered a career in broadcasting, through apprenticeships, training schemes and the Content Creatives scheme. 4Skills has reached over 10,000 people since 2015 and aims to reach a further 100,000 over the next decade. Channel 4 has also brought us Film4, which spends more on British film than any other UK broadcaster. It invests millions in feature films that nurture new talent and help to sustain writers, directors and production companies across the UK. In addition, Channel 4 takes seriously the need to enable opportunities outside London, spending over 50% of its commissioning budget outside London—something it has committed to continue even after the introduction of the clause.

The Government’s plan to sell off Channel 4 was a plan to sell out Britain, heavily disrupt the broadcasting industry, and puncture several local economies. I am very pleased that Ministers finally came to their senses, although I question why it took them so long, and I reiterate the disappointment that I expressed on Second Reading that the process has delayed the introduction of other important measures in the Bill.

The clause is best understood in the context of the U-turn on privatisation. Channel 4 never asked for the removal of the publisher broadcaster restriction. Instead, the measure was announced as part of the package that the Government put forward when announcing Channel 4 would not be for sale. The statement that the then Secretary of State, the right hon. Member for Chippenham (Michelle Donelan), put out at the time said that the change would give the channel more “commercial flexibilities”, and

“exploit Intellectual Property…as other public service broadcasters are able to.”

What the announcement did not include was a detailed assessment of what impact the change might have on the independent production sector more widely. Even Channel 4 warned that there could be

“unintended consequences on the UK production sector”

as a result of the new powers. Directors UK also pointed out that the changes could

“distort or negatively impact the market in which our members are employed”.

Furthermore, the Media Reform Coalition expressed concern that even the current state of play was seeing smaller independent companies suffer, with Channel 4 becoming overly reliant on super indies. It was therefore crucial that the wider market was properly considered before the change was implemented.

I am pleased that the Department and Channel 4 have made a range of commitments to mitigate any potential negative impacts of the change. 4Skills will receive increased annual investment, the number of roles outside London will be doubled and, perhaps most important, Channel 4’s independent quota will rise to 35% of qualifying programmes. If Channel 4 does commence production, which I understand would be a gradual process and is some way off at the moment, further measures would be put in place. There would be a separate C4C production business with its own board and governance, a proper dispute resolution procedure and new reporting requirements. All of that will then be underpinned by a new requirement for Ofcom to consider whether Channel 4’s in-house productions have impacted on the fulfilment of its remit.

Nevertheless, I do not believe that package of measures has eased everyone’s concerns. I know the Media Reform Coalition, for example, has called for the restriction to remain in place and for further measures, such as a small and medium-sized enterprises guarantee, to ensure that a majority of commissioning spend goes to producers with an annual turnover of less than £25 million. Although I believe that significant progress has been made since the first draft was published to assess the impact of the clause on the market, I continue to understand and recognise that the changes will be worrisome to independent producers, particularly small ones.

If Channel 4 decides to exercise the new powers in the Bill, I hope it continues the approach it has taken thus far of doing everything possible to allow the independent sector to thrive, from top to bottom, and keeping itself accountable by setting targets that ensure this. With that in mind, I am happy to proceed with the measures within and without the Bill in the hope that they will be the start of a longer process of assessment and engagement with the wider market. I am grateful that Channel 4 will remain in public ownership, and hopeful that it will continue to deliver a unique contribution to the industry, as well as our screens, for years to come.

I know there was some concern over the initial drafting of clause 29, not because anyone disagrees with the principle of the duty, but because of a fear of unintended consequences if the clause did not take into account the primary functions of Channel 4 in looking to mirror the Companies Act 2006. Indeed, the new duty outlined in this Bill should largely only reinforce what Channel 4 is already doing. As such, it is right that the wording has been adjusted so that it directly references the primary functions of the channel, and is based on the well understood directors’ duties in the Companies Act 2006 while recognising the channel’s status as a statutory corporation rather than a limited company. Having spoken with Channel 4 since the new version of the Bill was published, I understand it is much happier with this drafting.

Clause 30 places C4C under a duty to facilitate fair competition for its commissions for broadcast and on- demand services; both Ofcom and Channel 4 are then given duties to report on C4C’s performance in adhering to that policy. As mentioned when we discussed the terms of trade regime in part 1, it is incredibly important to ensure that basic principles of fair competition are applied when public service broadcasters are commissioning work, so I am pleased that this clause will further enshrine good practice in legislation.

[Sir John Whittingdale]

Perhaps I should start by saying the one thing we agree on is that Channel 4 has played a valuable role in the UK broadcasting ecology, and that we want that to continue. I do not always agree with everything I see on Channel 4—I suspect few in this room do—but it has a history of innovative programming that is of real benefit. As the hon. Member for Barnsley East says, it has been hugely important in supporting the independent production sector and creating jobs across the UK. I should say that “Married at First Sight” is made, in part, in my constituency of Maldon. I think that Channel 4 has just announced there is going to be a dedicated channel to “Married at First Sight”, although how much of a contribution to the public service broadcasting remit that will make is perhaps debateable. Nevertheless, Channel 4 has a wide range of diverse content.

The Government considered whether there should be a change of ownership because we want to make sure Channel 4 is in a strong position to thrive going forward. There is no doubt that the Channel 4 model is under pressure. It becomes particularly vulnerable when faced with an advertising downturn, as indeed we are seeing at the moment. To provide Channel 4 with greater support through diversification of its revenue streams, the Government have decided it is appropriate to remove the restriction to allow Channel 4 to make its own programmes.

--- Later in debate ---

[Sir John Whittingdale]

Clauses 32 to 36 relate to S4C and enact the recommendations made in the “Building an S4C for the future” independent review. The clauses update S4C’s powers, public service remit, and audit and governance arrangements. They also adjust the approval arrangements for S4C’s commercial activities, and update the BBC’s responsibilities to support S4C in delivery of its public service remit.

Clause 32 amends the Communications Act 2003 to update S4C’s powers and public service remit. It removes the current geographical restriction on S4C’s powers, ensuring that it is able to provide services outside Wales, and confirms that it is allowed to provide digital or online services, as recommended by the independent review published in 2018. That will allow S4C to broaden its reach and offer its content on a range of new platforms in the UK and beyond, ensuring that it continues to play a vital role as a public service broadcaster and has a strong future delivering high-quality content for Welsh-speaking audiences in the UK and indeed around the world.

The clause also simplifies the framework of S4C’s functions, public service duties and public service remit currently set out in the Communications Act 2003, reflecting the new public service remit introduced for all public service broadcasters in part 1 of the Bill. In recognition of S4C’s position as the UK’s only dedicated Welsh-language broadcaster, the clause retains the requirement that a substantial proportion of S4C’s public service remit content must be in Welsh. However, to ensure that S4C is not unnecessarily limited in its ability to deliver for Welsh-speaking audiences, the clause confirms that S4C may also provide content that does not fulfil the public service remit alongside the content that does. That brings S4C’s powers into line with those of other public service broadcasters.

The clause also adjusts the approval arrangements for S4C’s commercial activities. It replaces the previous requirement for approval to be provided by way of an order in secondary legislation with the requirement for approval in writing. That will give S4C greater flexibility in responding to market developments, as was recommended by the independent review.

The Secretary of State will have the power to approve a range of activities by way of a general approval, or to approve a particular activity in a specific approval. Any other activities already being carried out by S4C are to be treated as approved at the point of commencement, whether or not they were previously approved by the Government, given that it would be impractical to pause them purely for the purposes of obtaining approval after commencement.

It is important that S4C is given commercial flexibility as recommended by the review. However, at the same time, as it is a PSB in receipt of significant public funding, it is also appropriate for the Secretary of State to be given the opportunity to consider the suitability of specific activities to ensure that they remain in line with S4C’s functions. The clause therefore specifies that S4C must obtain the Secretary of State’s approval in writing before providing any television programme service, or doing anything for a charge or with a view to making a profit.

It would be difficult to create an exhaustive list on the face of the Bill of approved activity for payment, or intended to make a profit, that S4C could undertake, because we cannot predict precisely what future commercial activity might constitute. The clause therefore allows the Secretary of State to determine which activities can be covered by a general approval and which would need specific approval, for example, on the basis of a financial threshold.

Clause 33 formally replaces S4C’s governance arrangements, currently set out in legislation, with a new unitary board that is composed of both executive and non-executive members. That is also in response to a recommendation made by the 2018 review, which recommended that the governance structure at the time, which was the S4C Authority, should be replaced with a new unitary board comprising executive and non-executive directors. That replaces the previous two-tier management structure, which the review concluded created uncertainty around responsibilities.

In response to the review, and with the support of the Government, S4C has already created a shadow unitary board that undertakes governance responsibilities, with provision in its standing orders for specific situations where the differences between the previous model and the unitary-board model have required a bespoke approach. The clause therefore places that arrangement on a statutory footing by establishing S4C’s new unitary board and confirming that the board has overall responsibility for S4C’s activities in pursuit of its powers and duties.

The clause makes further changes to the Broadcasting Act 1990 to create the unitary board, adding the requirement for non-executive and executive members in accordance with the principle of the unitary board, and confirms that, as now, the chair must be appointed by the Secretary of State, along with a specific number of non-executive members.

The rest of the clause is largely limited to updating existing legislation with references to non-executive and executive members.

Clause 34 amends S4C’s financial audit arrangements in schedule 6 to the Broadcasting Act 1990, so that the Comptroller and Auditor General is formally appointed in legislation as S4C’s external auditor, rather than S4C’s being able to choose its own auditor. Again, this is in response to a recommendation made by the review. The review recommended that the Government consider whether the audit arrangements were suitable, and the Government accepted the recommendation. Although the Comptroller and Auditor General has actually taken over the auditing of S4C’s accounts, the clause puts the arrangement on a statutory footing.

The clause also places requirements on S4C subsidiaries. It requires each S4C subsidiary to appoint the Comptroller and Auditor General as auditor unless the Comptroller and Auditor General agrees that the subsidiary may appoint a different auditor. The Comptroller and Auditor General may inspect the accounts of any S4C subsidiary regardless of the identity of the subsidiary’s auditor, and S4C must give the Secretary of State access to the accounts and related documents of an S4C subsidiary.

Clause 35 allows the BBC and S4C to come to an alternative arrangement on ways for the BBC to support S4C in delivery of the public service remit. Current legislation results in a fixed approach of requiring the BBC to provide at least 10 hours of programmes in Welsh to S4C per week. The clause amends the 1990 Act to allow the BBC and S4C to agree in writing an alternative arrangement to the BBC’s existing responsibility if it is mutually and commercially beneficial for both parties. That reflects the fact that the BBC may be able to provide to S4C other types of support that are more relevant to its functions and remit in the modern digital broadcasting age. That could include, for instance, the use of spectrum, specific services, rights, funding or content. This will better enable S4C to broadcast a wide range of high-quality content and serve Welsh-speaking audiences. The BBC will be required to publish the terms of an alternative agreement as soon as reasonably practicable. The BBC will be able to exclude from publication any information that it considers to be commercially sensitive.

The clause also removes references to S4C’s analogue television service and the requirement for Channel 4 to provide S4C with programme schedules and programmes to deliver that service. This simply reflects the fact that S4C’s analogue television service, which showed programmes in English from the Channel 4 service alongside Welsh language programmes when Channel 4 was not available in all parts of Wales, no longer exists.

Finally, clause 36 introduces schedule 4, which contains further amendments to the Broadcasting Act 1990, the Broadcasting Act 1996 and the Communications Act 2003 that are required as a consequence of the provisions in this part. The changes also reflect S4C’s new public service remit.

Taken together, these clauses reflect the Government’s recognition of the valuable contribution that S4C makes to the lives and wellbeing of Welsh speakers and learners. We remain committed to helping S4C to adapt to the changing media landscape and remain relevant as an independent and modern public service broadcaster in the UK. I urge that clauses 32 to 36 and schedule 4 stand part of the Bill.

[Stephanie Peacock]

The second chapter of part 3 of the Bill makes a number of changes to S4C, which I understand is largely very welcoming of the Bill and wants to see it passed, particularly in order to benefit from prominence measures and to become in scope of the listed events regime. These clauses are of crucial importance, but are not quite as immediately transformative as the changes made to C4C, as they largely provide a legislative basis for changes that have already started to roll out. Indeed, it was all the way back in 2018 that the “Building an S4C for the future” review made recommendations, which the Government accepted and which form the basis of the clauses.

Given the long wait for the new laws, S4C and DCMS agreed for many of the changes to be adopted early in the meantime. As such, although clause 32 introduces a new remit, S4C has already taken advantage of the changes within it, offering online and digital services and providing services outside Wales. This has allowed S4C to adapt to the changing landscape and broaden its reach and appeal beyond just those Welsh speakers situated in Wales. It is therefore welcome that the clause ensures that legislation reflects the new reality of how S4C can be accessed and delivered.

Media Bill (Fifth sitting)

Stephanie Peacock Excerpts

Committee stage
Tuesday 12th December 2023 Public Bill Committees

[Kirsty Blackman]

I absolutely agree. It is really important for voice activation. It is also really important for physical activation as well in terms of on-screen navigation, because of that massively high proportion of listening that takes place in the car.

For an awful lot of people, that is the only way that they hear news. They are not listening to the radio to hear news; they are listening to the radio to hear music, but they catch news bulletins on commercial radio. By the way, commercial radio stations put an awful lot of time, effort and journalism hours into ensuring that they have accurate news bulletins and that they are providing updates. For a significant proportion of people, that is the only form of news that they hear, and they hear international and national news as well as local news on those services. Therefore, it is important not just from an entertainment point of view, but from a resilience and an information point of view.

We have talked already about democracy and access to democracy and democratic services. Some people only get those updates from the radio; they only know that a general election has been called because local radio has told them. [Interruption.] Don’t worry, a general election has not been called this morning—I am sure that Government Members would know before I did, anyway. [Interruption.] I am sure that some Government Members would know before I did, anyway.

I would like the Minister to be very clear that he attaches importance to radio and to commercial radio and that he understands the ways that people use it. I would also like him to commit to giving some consideration to how this Bill could be future-proofed to ensure that those screen and button navigations also allow people to get the service that they want and that they do not have to use voice activation. If he can give me that reassurance, I may not push the amendments to a vote.

[Stephanie Peacock (Barnsley East) (Lab)]

As I mentioned on Second Reading, part 6 is one of the most contentious parts of the Media Bill. The Culture, Media and Sport Committee picked up on it immediately and published a dedicated report on the radio clauses prior to its report on the Bill more broadly. The report highlighted issues with the drafting as well as with the content, which I will speak about in more detail as we debate the various aspects of, and additions to, this part. It also expressed full support for the inclusion of measures intended to protect our treasured radio services. I wanted to mention that at the beginning of my remarks.

I have been extremely supportive of radio and the principles of inclusion, but I know that platforms are extremely concerned. A few weeks ago, I hosted a roundtable with radio services and platforms and we had a really constructive discussion about the Bill. It was one of the first times that stakeholders had been invited together to have a discussion, albeit a virtual one. During the discussion, it was clear that platforms were largely happier, albeit to varying degrees, with the latest version of the Bill compared with the draft. That is to the credit of the Committee and the Department, which took seriously the matter of rectifying some of the problems with the Bill while maintaining a commitment to the importance of the part and radio as a whole. I believe the Bill is all the better for it. We are now on a much better footing for discussing some of the remaining issues in the clause. We can focus on the nuances, rather than discussing whether our radio services should be protected.

I therefore approach the amendments today keeping in mind the fact that a good balance has been struck. My overwhelming priority is to ensure that radio services get the protections they have been waiting for. I do not wish to cause any major further disruption to a part of the Bill that has been fine-tuned, to the benefit of both radio and platforms.

To address amendments 42 to 44 specifically, as with the smart speakers explicitly included in the Bill, car entertainment systems are a platform that have the potential to make it hard for users to find radio services. Some sophisticated car entertainment systems, for example, have the ability to preference their own content over radio services, to force users to swipe through pages of options to find their favourite radio station, or indeed to refuse to offer radio, full stop. Radiocentre claims that some recent models of Tesla cars do not have a broadcast radio at all, and though it is theoretically possible to stream radio through an interface on such models, no protections are in place to ensure that that will remain the case in a genuinely accessible and convenient way.

That issue is only more worrying when coupled with the reality that listening via car entertainment systems is on the rise, in particular among younger people. Ofcom reports that 9% of people listen to a streaming service via an in-car system, rising to 19% in the 16-to-24 age group. I therefore ask the Minister why such car systems were not considered for inclusion in the initial definition in the Bill alongside smart speakers. The CMS Committee report said that

“the Government may have overestimated the extent to which listeners are easily able to find their preferred stations in in-car systems.”

I agree with that statement and with the Committee’s recommendation to the Minister and Ofcom that they keep the issue under “close review”.

The Government agreed to that in their response to the Committee report, so how do they actively plan to do it? At what threshold will they consider extending the regime to cars or to any other device that poses similar problems? While I am in favour of exploring the inclusion of car entertainment systems, given the scope in the Bill to extend the regime, I think it is important that any extension is properly consulted on; in particular, car manufacturers themselves will need to be consulted.

Similar to the prominence regime for public service broadcasters, , it is right the Bill should be future-proofed so that new technologies can be accounted for, not just with cars, but further into the future. I hope that the Minister will consider that and will explain with clarity how we can be sure the Bill does enough to protect radio not just in today’s world, but in the years to come.

[The Minister for Media, Tourism and Creative Industries (Sir John Whittingdale)]

I apologise to the Committee for croaking a little. I also declare that on Sunday I attended the Jingle Bell ball with Capital Radio, which is organised by Global Media. In between some excellent performances, we talked briefly about the Media Bill.

The hon. Member for Barnsley East described part 6 of the Bill as perhaps one of the more contentious ones, although in fact I think that there is widespread agreement in Committee. On Thursday, we spoke about the importance of radio and how it continues to achieve a significant proportion of listening, despite having been written off a number of times in the past years. Part 6 of the Bill relates to the recognition that the way in which people access radio is changing. We spoke for a bit of time about updating the regime governing broadcast television to take account of the move to digital so, similarly, this part of the Bill is concerned with the fact that a growing proportion of radio listening is done through smart speakers.

The amendment moved by the hon. Member for Aberdeen North relates to cars in particular, but as my hon. Friend the Member for Warrington South pointed out, listening to the radio in cars represents a significant proportion of radio listening. Research carried out in 2021 by WorldDAB Forum, which is the international standards and co-ordination body for digital radio, showed that more than 90% of prospective car buyers across a range of international markets say that a broadcast radio tuner should be standard equipment in every car. Research has also found that 82% of potential car buyers say they would be less likely to buy or lease a vehicle that is not equipped with a built-in radio tuner. Consumer demand for new cars to have a radio installed as standard remains powerful.

--- Later in debate ---

[Kirsty Blackman]

I accept and understand the Minister’s reassurances. I am pleased to hear his support for radio, and his understanding of its importance, particularly in relation to car and van use. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Stephanie Peacock]

I beg to move amendment 32, in clause 48, page 89, line 21, at end insert—

“(4A) A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

This amendment would ensure that regulations which designate and specify descriptions of radio selection services are subject to the affirmative procedure.

[The Chair]

With this it will be convenient to discuss amendment 33, in clause 48, page 89, line 25, at end insert—

“(5A) Before making regulations under subsection (5), the Secretary of State must consult—

(a) persons who appear to the Secretary of State to represent providers of radio selection services;

(b) persons who appear to the Secretary of State to represent providers of internet radio services;

(c) such other persons as the Secretary of State considers appropriate.”

This amendment would ensure that the Secretary of State would have to consult before making regulations adding or removing a condition that must be satisfied before a radio selection service may be designated.

--- Later in debate ---

[Stephanie Peacock]

I will speak in much more detail about my support for clause 48, and for protecting radio services, in various other debates on this part of the Bill, but here I will focus on two areas where increased scrutiny is needed, both of which will be important for the integrity of the regime. In the initial drafting of the Bill, there were many areas in which the Government had not incorporated sufficient scrutiny of powers to create secondary legislation. That was picked up by the Culture, Media and Sport Committee, which made various recommendations to do with strengthening scrutiny requirements and ensuring that power was not concentrated in the hands of the Secretary of State where that was not necessary.

Many of those suggestions were accepted by Government, but in the area of designated radio selection services, the Government chose not to follow the relevant recommendations. Indeed, it is understandable that the Government have chosen not to determine in the Bill which radio selection services will be regulated, and are instead leaving the definition broad, so as to include those that are

“used by a significant number of members of the public”.

That will ensure that the decision on which platforms are in scope can be informed by the recommendations of Ofcom, and that the list can be amended in the future to fit the needs of the regime.

--- Later in debate ---

[Kirsty Blackman]

These amendments would ensure that the regulations were subject to the affirmative procedure when they were first created, and advance consultation on any changes to those regulations. Have I got that correct? If so, I am happy to support the hon. Lady.

[Stephanie Peacock]

Yes. We understand why the Bill is not prescriptive in setting out designated radio selection services, but if that is to change, there should be further parliamentary scrutiny.

[Sir John Whittingdale]

On amendment 32, the hon. Lady and I have debated the secondary legislation provided for in this Bill, and in other Bills in the past. In this case, we do not agree that the affirmative procedure is appropriate. As the Bill sets out, the designation of a radio selection service will reflect the fact that it is used by a significant number of people who access radio services. Advice on what level of use is significant, and which services cross that threshold, is a matter for Ofcom in its role as independent regulator.

As is set out in proposed new section 362BB(3) to the Communications Act 2003, the Secretary of State must have received a report from Ofcom before making the relevant designation regulations. The framework for designation is therefore set by this Bill, and advice on which services are used by significant numbers of people will be provided by Ofcom. On receipt of Ofcom’s advice, the Secretary of State must consult with radio selection services and the radio industry, as well as others whom they consider appropriate, in accordance with proposed new section 362BB(4), before coming to a decision. They can disagree with Ofcom’s recommendation, as provided for in proposed new section 362BC(6), but must provide reasons for doing so.

The order-making power relates to orders confirming the Secretary of State’s decision to designate a platform or platforms. The order will be laid before Parliament and follow the negative procedure. We felt that the affirmative procedure, which would trigger a debate in both Houses, was not appropriate, given that the exercise of this power relates to decisions affecting one or more companies. I hope that the hon. Member for Barnsley East will accept that in this case, a negative resolution is sufficient.

I am extremely grateful to the hon. Member for Barnsley East for tabling amendment 33, and I absolutely recognise the intention behind it: to ensure that the Secretary of State consults before making regulations adding, removing or altering a condition that that must be satisfied before a radio selection service may be designated. A similar consultation requirement is imposed by proposed new section 362BB(4) before the Secretary of State can make regulations designating a radio selection service.

I acknowledge that it is reasonable to seek an equivalent requirement with regard to making any changes to the conditions that need to be satisfied before a service may be designated. However, the full impact of the amendment’s wording will need to be looked at by parliamentary counsel. In particular, the hon. Lady’s proposal will need to be considered in the context of subsection (4) of proposed new section 362BB to the Communications Act 2003. I hope that she is willing to withdraw the amendment, on the understanding that the Government will consider the matter further before Report.

[Stephanie Peacock]

I thought for a moment that the Minister was going to support my amendment. However, I am happy with his explanation, and so am willing not to move amendment 33. On amendment 32, I am afraid that once again we disagree on the statutory instrument, and once again I am not comfortable with the fact that Ofcom’s recommendations can be ignored, with no subsequent debate. For that reason, I will press the amendment to a vote.

--- Later in debate ---

[Kirsty Blackman]

I will be fairly brief. Amendment 45 is about the scope of regulation of the selection services, and about internet radio services, including on-demand and internet-only content provided by the BBC or Ofcom-licensed radio stations.

There are some issues with the definition, given the changing nature of radio and listening; the fact that people listen to services on demand and to internet radio; and the possibility of a time lag between internet or digital radio broadcasting, and broadcasting on analogue services. Some services are in scope only if they are broadcast on digital radio at the same time as being broadcast on the internet. If there is a time lag between the two, then they are not broadcast at the same time—and they may be broadcast only a few seconds apart. I would like clarity from the Minister on whether “at the same time” means “sort of at the same time.” If someone accidentally listens to the radio via two different methods at once, they may find that what is being played is slightly out of sync. I might do that when I move between the car and the house, or move between listening on my mobile phone to listening on my television. I may have different ways of listening to a service.

To be fair, I do not differentiate between listening on the internet and listening to digital audio broadcasting radio. If someone asked me whether what was coming through my car speakers was being streamed through the internet, coming from DAB or on an analogue service, I probably could not say. All I know is that I am listening to Northsound Radio, or BBC Radio Scotland; the method I am using does not make a difference to me.

There is also some stuff here about Ofcom-licensed radio that is broadcast only on the internet. That is also important, because again, people listening to Classic FM have no idea whether the programme is available only on DAB or on the internet. They just know that they are listening to Classic FM. For those people, the definitions do not matter; nor do they matter for licensing. Classic FM and BBC radio are licensed in the same way, through Ofcom, whether people listen to them online or via DAB. They are held to the same standards. The question is therefore whether the Bill does what the Minister and the Government intend: ensure that regulations and protections are in place, whether programmes are broadcast via digital radio, the internet or analogue services.

[Stephanie Peacock]

I will begin by addressing amendments 45 to 47 and new clause 3, which I tabled. I am disappointed that on-demand and podcast listening appear to have been excluded from the new radio protections. As the BBC points out, it is somewhat unusual that the Government have recognised the need to legislate in the Bill for on-demand TV content, and acknowledge its growing role in people’s viewing habits, yet have neglected to recognise the same patterns emerging for audio content and the rise of podcasts, and are failing to provide appropriate protections as a result. Some 10 million adults listen to podcasts every week, and there are estimates that in just 3 years’ time, there will be more than 28 million podcast listeners in the UK. Likewise, of BBC Sounds’ 417 million plays between October and December 2022, 193 million were on demand. It seems somewhat counterintuitive, therefore, that the Bill tries to protect the future of radio through a clause that does not pay any attention to one of the fastest growing ways of listening to audio.

To use an example provided by Radiocentre, under the current system, a user would be able to tune in to the LBC breakfast show with Nick Ferrari but could not be guaranteed access to the hugely popular podcast “The News Agents”. The same applies to on-demand radio: a user could listen to “World at One” or “Today in Parliament” live, but cannot be sure of catch-up access. Of course, given the breadth of podcasts available, it makes sense that any change might begin with ensuring access to podcasts associated with Ofcom-regulated stations. That would give a reasonable limit, so that platforms are not given the extra burden of onboarding a number of unregulated services that are not already within scope of the Bill. However, given the popularity of podcasts and the Government’s intention to protect valuable UK audio content, excluding podcasts altogether seems like missing a huge opportunity. I hope that the Minister understands that that is a contradiction, and will lend his support to some of the amendments.

My new clause 3, and amendments 45 to 47, make very similar requests of the Government on this topic, though new clause 3 is less prescriptive. If the Minister chooses not to support these amendments, it would at least be a good opportunity for him to explain why podcast services have been excluded. I point out again that the last chance we had to create media legislation was 20 years ago. What if another opportunity does not arise for 20 years? Does he not think that it will seem rather out of place for there to be no protection for on-demand audio content? Many measures in the Bill were crafted specifically to allow for future-proofing and a forward-looking vision. This is one area where such a vision has unfortunately been lacking, and I hope to rectify that through the amendments, with the support and co-operation of the Committee; I know that many of its members are in agreement with me on this.

On amendment 51, there have been various concerns, during the Bill’s formation, about the definition of an internet radio service, and the reference to programmes being provided in the same way and at the same time as the broadcast service. I am therefore glad that since the draft Bill, tweaks have been made to ensure that adverts are disregarded when it comes to considering whether a programme is being provided at the same time as a broadcast service. That change will have come as a great relief to providers of radio services that rely on a certain level of customisation when it comes to adverts. However, I know that Radiocentre and others still have concerns that the Bill does not account for minor differences in output, or time lags. Will a small difference, such as a time lag between a broadcast and an online radio station’s output, be considered a breach of the definition, and exclude a station from being designated as an internet radio service? At the very least, I hope that that was not the intention of the wording. It is important to clarify that explicitly in the Bill.

--- Later in debate ---

[Stephanie Peacock]

I appreciate what the Government are saying about drawing the line, but does the hon. Gentleman accept that that leaves us with a contradiction between audio and visual? For a Bill that is aiming to future-proof, it fails to do that.

[Sir John Whittingdale]

The regime that the Bill introduces for TV public service broadcasting has slightly different objectives from the regime that we are introducing for radio. In the case of radio, as we have debated, it is much more to do with ensuring that things like advertising are still supplied by the broadcaster, rather than being replaced by the platform, so that, for instance, there is no possibility of the platforms charging radio stations. They are slightly different objectives. It could always be said that there are distinct differences between the regime for audio and the regime for visual, and I think that is going to be inevitable. As I say, this is something where consumer habits are changing and we will of course keep the matter under review. There are powers to make amendments, should they prove necessary in future.

--- Later in debate ---

[The Chair]

Before we vote on amendment 45, may I check Stephanie Peacock’s intentions for new clause 3?

[Stephanie Peacock]

It depends somewhat on what happens with the amendment; I know the vote will come later. The hon. Member for Aberdeen North made the case in some detail and, in my intervention, I also made the case on this contradiction. I completely accept that there is a slight difference between audio and visual content, but, again, I am concerned about the lack of future-proofing. My intentions therefore depend somewhat on this vote.

Question put, That the amendment be made.

--- Later in debate ---

[Stephanie Peacock]

All the amendments in this group refer to the relationship between internet radio stations and radio selection services. As I have mentioned previously, striking the right balance between the two groups will be integral to the success of the regime as a whole. It is with that in mind that I will address amendments 48 and 49 together, before looking at amendments 52, 50 and 53.

On amendments 48 and 49, data is among the, or possibly the most, highly valued assets in our modern, tech-forward society. I am well aware of that, having served as shadow Minister for Data not too long ago and, having sat opposite the Minister for a lengthy discussion on the Data Protection and Digital Information Bill, I know he is too.

Data is key to innovation, unlocking benefits for users and growing an organisation more broadly. It is also crucial for creating the mutually beneficial advertising partnerships on which commercial radio naturally relies, alongside many of our other creative industries. I realise the vital importance of radio stations being able to access data for their audiences, regardless of the fact that such audiences might be listening through a smart speaker. I therefore appreciate the intent of amendments 48 and 49, which seek to ensure designated radio selection services provide stations with user data.

It was my understanding, however, that the need for data was one of the primary reasons for including preferred routes as part of the clause. Indeed, the BBC told the Culture, Media and Sport Committee that

“having the ability to play out through our preferred service means that we then get that data to allow us to improve our services. That is why it is such an important provision that should remain in the Bill”.

I am therefore keen to understand from the Minister whether it is his understanding that the requirement for smart speakers to provide a service through a preferred route inherently includes a guarantee that data will be accessible to radio stations as a result. If not, I hope the Minister can take on board what the amendments are trying to achieve and provide us with a comprehensive reassurance that radio stations will have access to user data as they deserve.

I turn to amendment 52. Unlike the draft version of the Bill, the published version signals that pre-roll advertising might be allowed, subject to the agreement of a station. That means that an advert or branded message of the smart speaker’s choosing could play on a smart speaker before the requested radio station begins playing. That is one of a number of changes from the draft version that I believe has helped alleviate some of the strong concerns tech platforms held about this part of the Bill.

On the other hand, Radiocentre, which represents commercial radio, has worries about the new addition. In particular, it cites the difference in bargaining power that radio stations may have in comparison with a tech firm, fearing that may result in the phrase “subject to the agreement of a station” being abused through effective coercion. That would effectively mean that radio stations are forced to take on adverts before their content starts playing.

I understand the concern and am supportive of the way the part as a whole has sought to redress the power imbalance between radio and platforms and secure a healthy future partnership between the two. However, I hope that Ofcom’s ability to enforce the regime more broadly as a result of the Bill will provide protections against abuse of the system, so long as Ofcom is appropriately empowered. There should be protections against any situation where a radio station is forced to allow a pre-roll advertisement against its will.

Can the Minister confirm whether the Bill does enough to ensure that will be the case and provide assurances that the protections for radio stations to refuse will be properly enforced? If he can—and I hope he will—I believe the amendment may not be necessary. After all, it is hard to imagine a situation where a radio provider would freely request a pre-roll advertisement, and I worry that, as a result, the amendment may have the counterintuitive effect of disrupting tech platforms’ precarious acceptance of the part more generally in its published version, compared with its draft.

Amendment 50 seeks to remove the restriction that would mean radio stations cannot charge smart speakers for their services. Conversely, amendment 53 seeks to extend the equivalent restriction on platforms to cover non-financial charges. It is my understanding that the premise of the relevant sections of the Bill is quite simple: to ensure that neither party charges the other. That seems fair to me, as it applies both ways. Can the Minister confirm whether this part looks to ensure that neither radio services nor smart speakers can charge the other when carrying out their duties under this part? If that is the case, any change to that arrangement, as sought by these amendments, may cause an unfair imbalance where it is currently an equal measure.

However, by way of reassurance for radio services that may be concerned about their bargaining power, I hope that the Minister will outline explicitly the protections in place throughout the Bill to ensure that the regime will be enforced with integrity. It is, of course, important that radio stations can be carried by platforms regardless of any power imbalance, and without having to face any unnecessary charges or burdens. That will provide certainty for radio stations and clarity for platforms, both of which need to accept and understand of the regime if it is to work as intended.

[Sir John Whittingdale]

I will start with amendment 50. As the hon. Member for Barnsley East has set out, the whole purpose of the regime we are putting in place is to ensure that the provision of live radio via smart speakers or similar devices is not monetised by either party and that there are protections for radio stations from having to sadly face charges imposed on them by platforms. At the moment, we agree that it is very unlikely that a station would be in a position to extract charges from a platform; the reverse is the case. However, in the widespread consultation we had—the hon. Lady has also referred to the discussions she has had with platforms—it was felt that nevertheless there did need to be some fall-back protection in place. If the hon. Lady’s proposed amendments were to be made, there would be no ability for the regime to be updated in the future, were the market to develop in such a way as to make it a realistic prospect. We think it is important to have that safeguard power should we one day encounter a situation where radio stations sought to extract charges from a platform.

Any exercise of the power within the Bill is subject to consultation, as set out in proposed new section 362BH to the Communications Act 2003, and it would also need to be approved by each House through the affirmative procedure. We nevertheless think the power is an important one, and I therefore hope that the hon. Member for Barnsley East will consider not pressing her amendment.

Turning to amendment 52, we do not think there is a need to change the wording of the current provision. There are a number of ways through which a station can reach its listeners via their connected devices. They can do so directly, through the use of a service operated by the platform; there are, in particular, means such as the Amazon Alexa radio skills kit, which offers an extremely effective way—particularly for small stations—to provide their content via the internet. Some of the aggregators, such as Global Player or BBC Sounds, act as a portal through which a number of different stations provided by the same operator can be made available. Others, such as TuneIn, bring together a range of different stations from different providers.

It will be for each station to decide the option that best fits its needs and to take advantage of the protections offered by the Bill. Some of those options may involve the inclusion of a short period of advertising before the radio station is played. However, the provisions in proposed new section 362BI are clear that advertising cannot be imposed on a station—it must be agreed to. This will ensure there remains scope for mutually beneficial arrangements, while ensuring that radio maintains control over the content that reaches its listeners. For that reason, I do not think the amendment, as the hon. Member for Barnsley East suggests, is necessary.

[Stephanie Peacock]

I appreciate the argument the Minister is making, and I did not really want to interrupt, but for clarity, these amendments are in the name of the hon. Member for Aberdeen North, not mine.

[Sir John Whittingdale]

I do apologise. I am not sure whether the hon. Lady was endorsing them, but I will direct my remarks particularly to the hon. Member for Aberdeen North.

[Stephanie Peacock]

If the Minister was listening to my speech, he would know that I am more sympathetic to his position than to that of the hon. Member for Aberdeen North, but it is a fine balance between both the platforms and the radio.

[Sir John Whittingdale]

And indeed a fine balance between the Government and the SNP. I am grateful to the hon. Lady for clarifying her position; I direct my remarks particularly to the hon. Member for Aberdeen North.

The Government absolutely recognise the intention behind amendments 48 and 49, but we do not think it appropriate to include such provisions within the Bill. We absolutely acknowledge that it would be of benefit to radio stations to be assured of access to listener data above and beyond the data that radio stations collect themselves, from monitoring their own streams or from surveys such as those by Radio Joint Audience Research. The provisions in the Bill are being put in place to address issues specific to radio, namely securing BBC and Ofcom-licensed commercial and community stations’ ability to access their listeners. As my hon. Friend the Member for Warrington South made clear, the issues raised in the amendment tabled by the hon. Member for Aberdeen North could apply across a wide range of sectors and are therefore more appropriately addressed in the context of the Government’s wider work on competition in digital markets.

I hope that the hon. Member for Aberdeen North will, to some extent, be reassured by the provisions in proposed new section 362BI that allow radio stations to nominate a preferred route for their service to be delivered to listeners, provided that the route is not unduly burdensome for the platform to deliver. I take the point from the hon. Member for Barnsley East about the importance that some stations attach to the ability to designate a preferred route. These measures do provide scope for a route through which—subject to a listener’s consent, for example through logging in—a broadcaster may be able to access valuable data to enable it to further improve its service. For those reasons, we do not support the amendment; I hope that the hon. Member for Aberdeen North will not press it.

In addressing amendment 53, it may be helpful to set out the context of the overall regime. At the moment, platforms and radio stations both benefit from carriage: the platforms provide radio with another way to reach its audiences, and listening to radio is one of the main reasons why people buy devices such as smart speakers. At this stage, there is no evidence to suggest that the platforms are seeking to charge stations for access, but as more and more listening shifts online, there is a risk that the balance will shift in favour of the platforms, creating an economic incentive for them to monetise the content to which they provide access.

Proposed new section 362BI will address the issue by limiting the scope for platforms to use their position to monetise the carriage of radio in the future. In the event that they seek to do so in ways that might not be covered by these provisions, or indeed by the ongoing work within Government on competition in digital markets, the new provisions will provide the Secretary of State with powers to intervene. In particular, proposed new section 362BP(2) will enable the Secretary of State to make provision by regulations

“about the terms and conditions that may be offered by the provider of a radio selection service to the provider of a relevant internet radio service for or in connection with the use of the service to access the relevant internet radio service”

and

“about the charges that may be imposed by the provider of a radio selection service”.

On that basis, I hope that the hon. Member for Aberdeen North will not press her amendment.

Media Bill (Sixth sitting)

Stephanie Peacock Excerpts

Committee stage
Tuesday 12th December 2023 Public Bill Committees

[The Chair]

I remind the Committee that with this we are discussing the following:

Government amendments 13 to 15

Clause stand part.

Schedule 9.

[Stephanie Peacock (Barnsley East) (Lab)]

It is good to see you back in the Chair, Mr Vickers. I am pleased to finally address clause 48, which I am happy to support. I will begin by outlining why this part of the Bill is so important.

The introduction of the Digital Markets, Competition and Consumers Bill was welcomed by Labour, which has led the way in calling for large tech companies to be properly regulated and for the need to ensure competition in digital markets. However, although the DMCC Bill contains a package of measures to protect consumers, enhance innovation and unlock growth, it is cross-economy legislation that is not tailored to the unique challenges faced by UK radio services.

The Government have recognised that in an age of shifting consumption habits, there is a need for provisions that protect our public service broadcasters, so it was absolutely vital that the Media Bill did not miss the opportunity to provide protections for radio, too. As has been mentioned, radio stations are of great importance to 50 million weekly listeners from all corners of the country, so it is vital that as technology rapidly evolves, people in the UK are guaranteed access to the radio services they know and love. The new regime set up by the Bill does not seek to give radio undue benefits, but rather looks to preserve the current state of play, in which such services can be listened to at first request and without unneeded interruption. That is for the benefit of listeners.

That means that voice-activated platforms cannot play their own playlists or services when a customer requests an Ofcom-licensed radio service, or overlay their own advertising into radio broadcasts without the permission of the broadcaster. Interruptions will be allowed only if a listener has explicitly made a request to be notified, for example through an alarm or call. That is important if radio services are to reach their listeners and continue to secure advertising revenue, and important for platforms, which will be able to ensure that their customers’ requests are dealt with precisely. Indeed, it hardly seems favourable to platforms to allow their customers to become frustrated after not receiving a service that they have requested multiple times through a voice command.

Importantly, the Bill has retained the requirement on designated radio selection services to use a broadcaster’s preferred way of delivering their station to listeners —for example, they might want it delivered via the BBC Sounds app, or through the Global Player. That vital safeguard will ensure that radio services can access the valuable data they need to improve their services, innovate and best serve their audiences. However, I recognise that platforms have been concerned about the number of routes they might be expected to deliver. Google said in evidence to the Culture, Media and Sport Committee that it can take around a year of engineering and tech work to onboard a preferred route, particularly because listeners can ask for a station in various ways; for example, a listener could refer to the same service as “6 Music”, “BBC 6” or “BBC Radio 6”, or use one of a number of nicknames. However, as Radiocentre has argued, the vast majority of stations are covered by a small number of apps.

The explanatory notes to the Bill clarify that a preferred route may be ruled out if it is “unduly burdensome”. That balances radio services’ needs with platforms’ ability to realistically cater for those needs. I am hopeful that this clarification will provide a solid basis on which the regime can be built.

On radio selection services, the definition in the Bill is designed to capture smart speakers, but it can be amended by the Secretary of State via the affirmative procedure. We discussed why an ability to amend the definition is so important during our debate on the inclusion of car entertainment systems. I am also pleased that there is now a requirement for the Secretary of State to consult Ofcom when making regulations to alter this definition, as the Culture, Media and Sport Committee recommended. However, there has been some confusion about the existing definition and whether the regulations will apply to smart TVs and streaming players using voice activation. Can the Minister confirm whether such devices will be included? If not, could they be in future?

Turning to designated radio selection services, as I said in debate on my amendments 32 and 33, it is a shame that the CMS Committee’s recommendations on delegated legislation were not accepted. I am pleased, however, that it seems that there will be mechanisms for de-designating devices, to ensure the exclusion of legacy devices. That is beneficial for platforms and broadcasters, who would find it quite a burden if requirements applied where devices were no longer supported.

I do not have any particular problems with the lines in the Bill relating to the meaning of “internet radio service”, or the list of relevant internet radio services, particularly as there is now a power in the Bill to amend that definition through the affirmative procedure. However, as has been discussed, the Bill misses the opportunity to bring within scope podcasts and IP-only services.

Finally, I would like to raise concerns passed on to me by TuneIn, a radio aggregator that allows listeners to easily access online the radio stations that they want to listen to. It worries that without an explicit “must offer” requirement, the Bill risks unintentionally making it legal for a radio station to deny its service to any platform or device. TuneIn warns that, without a requirement on radio broadcasters to ensure that their services are always offered to platforms, devices and apps, there can be no guarantee that radio will be freely accessible across those platforms. That could threaten the entire premise of the regime outlined in this clause and, of course, potentially damage TuneIn’s business as a radio aggregator. I therefore ask the Minister whether the Department has considered the concerns of TuneIn, and whether he can guarantee that the Bill will ensure that radio is freely accessible across all platforms, rather than just a handful of platforms.

To conclude, there has been lots of contention over this part of the Bill, but I am pleased with its intent to protect radio services, and with the changes that have already been made to improve it and make it more workable. There are a few changes to delegated legislation that I would have liked to have seen, and a few questions to be asked around scope, particularly when it comes to the exclusion of podcasts and the devices covered. However, overall, I welcome the inclusion of this part in the Bill, and I look forward to seeing the regime in action, so that listeners across the country can continue to enjoy their favourite, trusted radio services.

[The Minister for Media, Tourism and Creative Industries (Sir John Whittingdale)]

We have had a useful debate on one of the central parts of the Bill, and although the hon. Lady described it as one of the more contentious parts, I think there is widespread agreement on it. We were very grateful to the CMS Committee for strongly supporting the inclusion of these measures in the Bill, and since then, we have had extensive consultations with both the radio sector and the platforms. Some of the concerns expressed by platforms were not entirely justified, and I hope that we have been able to reassure them.

This part is focused on live radio broadcast, but obviously we will monitor the development of consumers’ listening habits, and there are powers available to broaden the scope of the Bill if it becomes clear that that is necessary. However, in summation, I am most grateful to the hon. Lady for her support, and to the rest of the Committee, and commend clause 48 to the Committee.

Amendment 12 agreed to.

Amendments made: 13, in clause 48, page 102, line 12, after “service” insert

“or (as the case may be) a relevant internet radio service”

See the explanatory statement to Amendment 12.

Amendment 14, in clause 48, page 103, line 12, after “service” insert

“, or

(b) a person who was but is no longer a provider of a relevant internet radio service,”

This amendment and Amendment 15 enable OFCOM to give a confirmation decision to a former provider of a relevant internet radio service.

Amendment 15, in clause 48, page 103, line 13, after “service” insert

“or (as the case may be) a relevant internet radio service”—(Sir John Whittingdale.)

See explanatory statement to Amendment 14.

Clause 48, as amended, ordered to stand part of the Bill. 

Schedule 9 agreed to.

Clause 49

Penalties under Parts 3A and 3B of the Communications Act 2003

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

[Sir John Whittingdale]

Clause 49 inserts proposed new schedules 16A and 16B, as set out in schedules 10 and 11, into the Communications Act 2003. These new schedules make further provisions about financial penalties and the liability of joint entities in relation to designated internet programme services, regulated television selection services, relevant internet radio services and designated radio selection services. In particular, schedule 16A sets out the principles by which Ofcom will assess penalty amounts and maximum penalties for non-compliance with the requirements on providers of those services set out in parts 2 and 6 of the Bill. For the BBC, S4C or a person who fails to comply with an information notice, the maximum penalty is £250,000. In all other cases, the maximum penalty that Ofcom can impose against providers of services is the greater of £250,000 or 5% of the provider’s qualifying worldwide revenue.

As is the case under the existing prominence regime, Ofcom will have responsibility for enforcing the new online prominence framework and that relating to radio selection services. It is therefore important that the regulator has a range of enforcement tools at its disposal for tackling contraventions, including the ability to impose a financial penalty. We believe that these provisions ensure that Ofcom can take enforcement action against the relevant provider in a proportionate and effective manner.

[Stephanie Peacock]

Clause 49 introduces schedules 10 and 11, which provide further information about enforcement and how it relates to the new prominence regime for our public service broadcasters, as well as the new regime for radio services on smart speakers and voice-activated platforms. I will speak briefly about both schedules in turn.

Schedule 10 sets out how penalties for failure to comply with the relevant regimes will be calculated. The ability to issue penalties is an important backstop that will ensure compliance with the regime while incentivising mutually beneficial commercial partnerships. However, to secure the integrity of the regime, it is important that there is consistency and fairness in how the backstop can be used, so it is good to see set out in legislation the principles that Ofcom must apply when determining the amount of any penalty, as well as how maximum penalties will be calculated. It is right that these should have the potential to be significant—they can amount to either £250,000 or 5% of the person’s qualifying worldwide revenue—so that they can serve their purpose as an effective deterrent. I am also pleased that the schedule allows for those amounts to be adjusted, should they need future-proofing in any way. Any change would be subject to the affirmative procedure, which would allow for scrutiny. Overall, I believe that schedule 10 is a necessary consequence of the regimes that the Bill sets up, and I have no particular issues to raise with the way that they have been drafted.

Schedule 11 is an important extension of the backstop powers awarded to Ofcom. It sets out the liability of parent entities and subsidiaries, and explains how confirmation decisions, penalty notices or provisional notices may be issued to them. Having that clarification in the Bill will hopefully make for a clear enforcement framework for Ofcom, and will make clear the responsibilities on those to whom the rules apply, so I welcome the inclusion of the schedule, which is necessary to the introduction of the two prominence regimes.

Question put and agreed to.

Clause 49 accordingly ordered to stand part of the Bill.

Schedules 10 and 11 agreed to.

Clause 50

Awards of costs

[Kirsty Blackman (Aberdeen North) (SNP)]

I beg to move amendment 41, in clause 50, page 112, line 33, at end insert—

“(4) This section does not have effect until both Houses of Parliament have passed a motion in the form ‘That this House is satisfied that an effective alternative method is in place of persuading publishers to become members of an approved regulator; and therefore approves the repeal of Section 40 of the Crime and Courts Act 2013.’”

--- Later in debate ---

[Damian Collins]

That is why it was important that there is an exemption for media organisations from the regulatory powers that Ofcom will have through the Online Safety Act. The reason those exemptions were there was that newspapers already have liability for not only the copy printed, but the adverts they accept and run. The newspaper or magazine editor is legally liable for advertising as much as they are for the articles they commission. Those liabilities and that transparency just did not exist for a lot of online publications, and it could be difficult to see who was behind it.

The challenge with the Online Safety Act was to recognise that the platforms were acting as distributors and promoters of the content—even for a lot of the content that is spam-related or comes from misinformation networks and hostile foreign states. If companies like Facebook are actively promoting that content and highlighting its existence to its users, they should have a liability for it. Newspapers and magazines already had those liabilities because it was clear who was publishing them. In the Online Safety Act, to qualify for the media exemption, it has to be clear who they are, where they are based and who the editor is, and therefore the transparency, liability and risks exist already. They did not in the online world, where many of the publishers were hidden and used that anonymity to spread lies and disinformation.

With that, the onerous costs that lawfare brings to newspapers, and the hollowing out of their business model by the ad platforms that distribute their content for nothing, there is an urgent need to have some sort of compensation mechanism for news organisations, so that local newspapers, national newspapers and magazines get fair compensation for the free distribution of their content across the web. Those are the challenges we face now, and those were things that were never envisaged at the time of Leveson.

As the hon. Member for Aberdeen North has said many times in the debate, things move pretty fast between media Bills. This is another example of how things have moved fast again. This amendment to the law and removing section 40 from the statute books reflects the need for us to change the law to reflect the media world that exists today.

[Stephanie Peacock]

When Leveson produced his report over 10 years ago, he attempted to strike a careful balance between two important competing objectives: enforcing press standards and protecting the free press. As such, although the inquiry paved the way for the existence of an approved press regulator, it was decided that membership in such a regulator would be voluntary rather than mandatory for news publishers, with incentives put in place to encourage active take-up of membership. One of the major incentives to encourage membership was introduced in the form of section 40. Where papers had not signed up to an approved regulator, they would be vulnerable to paying their legal opponents’ costs where the judge considered it reasonable to do so, even if they were to win the wider case. If they were signed up to a recognised regulator, however, they would be protected from that.

Despite being introduced in the Crime and Courts Act 2013, section 40 has never been commenced and would be repealed by clause 50. We appreciate that section 40 is not a particularly well-drafted piece of legislation. Representatives from and of the press, including the NMA, have long argued that it is morally wrong to attempt to persuade them to sign up to external regulation on the basis that they would have to pay the legal fees of both sides, even when they had won the case. They say if the section was commenced, it would prove financially ruinous to them as on principle they would never sign up to such a regulator.

With over a decade passed, the media landscape has changed significantly since the Leveson report was published, as we have discussed. Almost every major press news outlet has introduced some form of regulation, whether individually or through the Independent Press Standards Organisation, which was not anticipated when the law was drafted. Publishers face significant new challenges that threaten the ability of the industry to carry out its vital work, from inflation and falls in advertising revenue to the rise of social media and the ability to share disinformation more easily online.

Amendment 41, tabled by the hon. Member for Aberdeen North, acknowledges what we will do when section 40 is repealed. It remains important that we have a press that is accountable for its reporting and meets the highest ethical and journalistic standards, but given the poor drafting of section 40 and the fundamental imbalance of costs, I believe that those questions are best answered outside the matter of repeal itself. On that basis, I will not stand in the way of this Bill as a result of the Government’s decision to repeal section 40.

[Sir John Whittingdale]

My hon. Friends the Members for Folkestone and Hythe, and for Aylesbury, set out some of the background to this issue in two extremely well argued speeches. This is an issue that my hon. Friend the Member for Folkestone and Hythe and I have been living with for over 10 years.

The Leveson inquiry came out of what was undoubtedly a serious abuse by the press, which resulted in criminal prosecutions and some convictions, and a general acceptance that the existing system of press regulation by the Press Complaints Commission had failed. However, the royal charter and section 40 were constructs of the then Liberal-Conservative Government; they were an attempt to find another way of dealing with the issue that would be acceptable to the press but did not represent state regulation. A royal charter was created, and the Press Recognition Panel was created, which would authorise an independent regulator and confer on it the advantages that section 40 gave.

The understanding was that the vast majority of the press would sign up to the independent regulator, and that perhaps one or two of the more recalcitrant, hard-line—probably red-top—tabloids might stand out and would need persuasion, as the hon. Member for Aberdeen North said when speaking to her amendment. Section 40 was about persuading those one or two remaining outliers to join the system. I must say that I still feel slightly ashamed, because I was persuaded to support the establishment of section 40 after a long discussion with the then Prime Minister.

What none of us, or at least hardly anybody, anticipated was that there would be unanimity across the whole of the media—across all the national newspapers, including those that were certainly not sympathetic to the Government, nor had committed any particular sins of the kind being looked at by Leveson. The Financial Times, The Guardian, The Independent—none of them was prepared to go along with that. It was not just the national newspapers that did not join, but all the local and regional papers; the big groups such as Newsquest, Reach and Johnston Press did not join.

The number of publications that chose to sign up to the regulator, which was created in order to qualify for recognition by the panel, was and is pretty small as a proportion of the industry. I think that the hon. Member for Aberdeen North said that there were 200 publications now signed up. Most of them are niche and very small. There is nothing wrong with them; they are doing a good job, and it was their choice to join, but I am afraid that the system has failed to persuade the vast majority of publications to go along with it.

The opposition of the vast majority of publications meant that the system had failed to deliver what was intended. It was my choice, when I was Secretary of State, not to implement section 40. We announced that the Government would not bring in the order required for the powers in section 40 to come into effect. Ever since then, it has been sitting on the statute book unused, and in its place we have a new system of self-regulation.

The hon. Member for Aberdeen North kept talking about the need for independent regulation. Some may have criticisms of IPSO, but IPSO is an independent regulator. It is a self-regulator, and it is outside the statutory framework. There will be decisions taken by IPSO that I do not agree with, as there were by the Press Complaints Commission, and one will never be entirely satisfied, but as I think my hon. Friend the Member for Aylesbury pointed out, IPSO has been considered quite carefully by an independent assessor, and was found to be independent and delivering the kind of principles in the editors’ code that it was set up to enforce.

--- Later in debate ---

It has been a pledge in my party’s manifesto at two successive elections to repeal section 40. It is with some pride that I can, I hope, expunge the stain of having originally supported it by agreeing to the clause that will remove it. However, I am slightly unclear and would like clarification. The hon. Member for Barnsley East said that the clause was badly drafted. She may well be right, but if section 40 is removed, I am not at all clear on whether a theoretical Labour Government would put in its place something better drafted. Or is it the Opposition’s position that there should be no Government involvement in regulation of the press, and that we should leave the existing self-regulatory system in place, as the most effective way of dealing with these matters?

[Stephanie Peacock]

It is curious that the Minister is critiquing the Opposition’s position. The Government might be in trouble on the vote in the main Chamber today, but we are not yet in government. I think I outlined quite clearly in my speech that we do not oppose the repeal of section 40, and we appreciate that it has not worked. I also acknowledge that the media landscape has significantly changed, and any future consideration of the challenges of the press should take into account advertising, misinformation and the real challenges for local news. As much as the Minister tempts me to go into more detail, I remind him that he is still in government.

[Sir John Whittingdale]

I am not sure that has cast any greater light on the Opposition’s position, but it was helpful to hear more from the hon. Lady about her position. At least we know where the SNP stands; the hon. Member for Aberdeen North made it absolutely plain that the SNP is happy to support our removing this pressure on newspapers to join a state-approved or recognised regulator, but only if we put in its place another mechanism that will put equal pressure on them, and that might prove more successful, as she said, in persuading them to join up to the recognised regulator. She and her party may accept the criticism of the existing position, but at least we understand that she still wants Government pressure on newspapers to join a state-recognised regulator. That is the principle we cannot support. I am afraid that in my view her amendment is no better than the existing system. It removes one point of leverage on the press, only to replace it with a yet unspecified alternative.

I do not think it is right that Government should be involved in regulation of the press; I think it is very dangerous. Even the rather convoluted and complicated mechanism of the royal charter still represents state involvement. That flies in the face of belief in the importance to democracy of the freedom of the press, which we on the Government side regard as paramount. I am therefore absolutely committed to supporting clause 50 and the repeal of section 40 of the Crime and Courts Act 2013.

--- Later in debate ---

[Sir John Whittingdale]

The clause introduces schedule 12, which sets out minor and technical amendments to existing broadcasting legislation in relation to retained EU law. These are straightforward fixes to ensure that legislation does not become inoperable following the UK’s exit from the EU.

Part 1 of this schedule removes references to the audiovisual media services directive from the Broadcasting Act 1990 and the Broadcasting Act 1996. Part 2 of schedule 12 amends part 4A of the Communications Act 2003 to remove references to the European Commission, obligations under the audiovisual media services directive, and to other European legislation.

[Stephanie Peacock]

It is important that our legislation addresses issues of retained EU law. As such, I have no particular issues with the contents of the clause or with schedule 12.

Question put and agreed to.

Clause 51 accordingly ordered to stand part of the Bill.

Schedule 12 agreed to.

New Clause 1

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.””—(Stephanie Peacock.)

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.

Brought up, and read the First time.

Question put, That the clause be read a Second time.

--- Later in debate ---

Brought up, and read the First time.

[Stephanie Peacock]

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

I am very pleased to speak to this new clause. As the shadow Secretary of State outlined in her speech on Second Reading, the Bill is welcome but misses the opportunity to consider how we can secure the future of UK public service media for school-age children. The issue was brought to my attention by the Children’s Media Foundation, which I have been pleased to meet more than once. It has done a huge amount of work on understanding patterns of media consumption by children, and how those patterns might impact their chances of viewing public service media. I place on record an explicit thank you to the foundation for that work, and I hope that it will be picked up further as a result of the new clause.

If we all agree that public service content is important for adults, as I believe we have done time and again throughout the Bill’s passage, I think we can agree that it is equally, if not more important for children. Certainly, the kind of high-quality public service content that our public service broadcasters can provide for children has powerful potential and has, for the last 75 years, been the envy of the world. It can promote wellbeing, give children an understanding of where they live, teach them British values of tolerance, provide entertaining forms of education that supplement their learning at school, and show a diverse range of role models. Ultimately, public service media can encourage children to value culture and crave knowledge—valuable characteristics for citizens to have when they come of age.

However, due to several connecting factors, this sort of content is under threat. As technology has rapidly evolved, the children’s content landscape has fundamentally changed forever. Children as young as toddlers have access to new devices and platforms. They can navigate apps on tablets and choose content that they would like to watch. That gives them access not only to video on demand services such as Netflix and Disney+, but to platforms such as YouTube and TikTok. The popularity of these forms of content are such that Ofcom estimates that less than half of 3 to 17-year-olds now watch live television. Similarly, there are potentially 9 million school-age viewers, but the top-rated programme on CBBC in any one week may have as few as 50,000 viewers, and similar numbers will request that programme on iPlayer. That number is a fraction of what we would hope it to be, given the importance of children’s public service content, which has been outlined.

As well as declining viewership, there has arguably been a decline in the amount of children’s content produced that could genuinely be considered to be public service. When there are budget constraints, UK-focused dramas or documentaries that reflect the unique lives and concerns of British children are often the first to go. The volume of first-run, UK-originated children’s programming on PSB channels dropped to its lowest level in 2022; it was down to 518 hours, compared to 640 hours in 2019. Furthermore, producers can save money by localising animated and puppet shows; what might initially appear to be a British programme with wider societal value may in fact be an international production, with personalised snippets to attract a bigger pool of funders.

It is not that the industry is unaware of the problems surrounding children’s public service content. Certainly in 2022, when the Government brought the young audiences content fund to an end, more than 750 creatives and executives from the UK children’s content industry signed an open letter, and campaigned to extend the fund for another three years. The likes of Channel 5 and Paramount are also working hard to keep up their Milkshake! offering. They are increasing their spend on children’s programming year on year, just to keep provision at the same level, but where there is a need to meet commercial demands, valuable children’s content will inevitably continue to suffer.

There is almost nothing in the Bill to show that this combination of concerning trends—declining viewership alongside declining content quality—has been identified, and there are no meaningful measures to stop the problem escalating. Children’s content is included in the new simplified remit in the very first clause, but that does little to increase accountability or individual channels’ contribution to creating children’s public service content, or to recognise changing trends in how children consume their media.

It is for all those reasons that the Children’s Media Foundation argued that we must urgently accept that children’s public service media are under threat and rethink how we can best protect them as part of the passage of the Bill. As a result, I propose that the Government conduct a review to better understand how we can secure children’s content long into the future.

Such a review would be an opportunity to ask bigger questions than the Bill currently allows for. For example, do we need to go to where the children are and broaden our concept of public service media for children, encouraging and promoting such content on the likes of Netflix, YouTube and TikTok? Do we need to learn the lessons from the ambition of the Online Safety Act 2023 and consider how algorithms serve content to young people, perhaps adjusting them to ensure that they promote diversity of thought rather than simply more of the same? Should we set targets for PSBs to hit a number of hours consumed rather than a number of hours produced when it comes to public service media for children?

I do not claim to have the answers to all these sorts of questions, but I do believe that they need to be explored. The UK must address the reality of the matter and accept that a new approach will be needed if we are to ensure that valuable content reaches the eyes and ears of young people across the country. I hope that is something that the Minister can acknowledge and I look forward to hearing his response.

--- Later in debate ---

[Sir John Whittingdale]

I suspect that the entire Committee agrees that it is important that children have access to public service broadcast content. The educational value of children’s television is hugely important, and it is indispensable for happy parenthood. It is for that reason that proposed new subsection 264(5)(c) of the Communications Act 2003 puts children’s television front and centre of the public service broadcasting regime. That will ensure that the public service remit can be fulfilled only by the public service broadcasters collectively producing a wide range of children’s content, including original content that reflects the lives and concerns of children and young people in the UK, and helps them to understand the world around them. The inclusion of children’s content as part of the remit will ensure that the needs of children feature prominently in Ofcom’s regular reporting. That will also complement its strengthened powers in respect of under-served content areas.

Although the provision of public service children’s programming is key, children—and especially older children—do of course watch other kinds of public service content as well, whether with their parents or on their own. As the hon. Member for Luton North set out, children access public service content via a wide range of devices. The Government agree that internet access and streaming services have fundamentally changed how audiences access TV, and that certainly applies to younger audiences, perhaps even more so than for any other group. On online advertising, I have recently been chairing a separate initiative—the online advertising taskforce—whose purpose is to ensure that online advertising does not advertise illegal products, and that children do not see advertising of inappropriate products.

The Bill tries to create flexibility by allowing our PSBs to deliver their remits across a wider range of services, including in new on-demand and short formats. We have made it clear that our PSBs must serve all audiences, and that extends not just to the content they make, but to how they choose to distribute it. These changes will ensure that our public service remit stays relevant and continues to reflect how audiences, including children and young people, are accessing PSB content.

We have to remember that PSB content has to be funded. All speakers paid tribute to the BBC’s output in this area, including CBBC and CBeebies, which are a core part of its output. Of course, the BBC receives public funding and is required under the charter to deliver content of that kind. It is more challenging for commercial television, as those broadcasters are dependent on advertising funding. I merely observe that the more we impose restrictions on what can be advertised to children, the more there is a detrimental impact on the amount of revenue gain by commercial broadcasters, which will influence their decisions about how much they invest in children’s programming.

That was one of the reasons why we previously established the young audiences content fund, which was designed to address the fact that almost all the children’s content was being produced by the BBC. The fund was there to support the commissioning of children’s content on other channels, and it proved very successful. It was a three-year pilot, but the Government continue to remain committed to the principle. I hope that, one day, it might be possible to resurrect something of that kind.

[Stephanie Peacock]

If it was a successful pilot, why did the Government not continue it?

[Sir John Whittingdale]

It was a successful pilot funded by the BBC, because it was licence-fee funded. Personally, I would have liked it to continue, but the BBC obviously was under financial pressure and put up a strong case that it could not continue to fund it. The principle that it was seeking to address remains an important one, and the Government have tried to provide alternative support, through things such as tax relief, for the production of children’s content. I share the hon. Lady’s sadness that it was brought to an end after three years, but it was always intended to be a pilot, and viewers will still be able to see content produced by the fund for some years to come.

--- Later in debate ---

[Sir John Whittingdale]

I hope that the sitting can end very soon in any case; I think we have pretty much concluded the debate, and the remaining clauses are relatively technical.

I think the best people to conduct the review that the hon. Member for Barnsley East has called for are Ofcom. Ofcom has given a commitment in its planning work to take an in-depth look at how the market is best serving the interests of children, which I think will give us the insight that she wants. For that reason, I do not think her new clause is necessary.

[Stephanie Peacock]

I appreciate the Minister’s point about it being harder for commercial stations than it perhaps is for the BBC—of course, I made a point of praising Channel 5 and Paramount in my comments. I asked a number of quite broad questions about children’s television. I hope that Ofcom will consider them, but I am not sure that the Bill mandates it to do that. For those reasons, I would like to push the new clause to a vote.

Question put, That the clause be read a Second time.

--- Later in debate ---

[Sir John Whittingdale]

I do not intend to detain the Committee at great length. Clause 52 gives the Secretary of State a regulation-making power to make amendments to other existing legislation, which is needed as a result of changes contained in the Bill. If the proposed changes are to other primary legislation, the regulations will be subject to debate in both Houses. If the proposed changes are to secondary legislation, the regulations will be subject to the negative procedure.

Clause 53 authorises expenditure from the Bill. It covers the possibility that increased spending by Ofcom might require the payment of grants to incur or meet liabilities in respect of capital and revenue expenditure, or the possibility that the Secretary of State makes a grant to S4C.

Clause 54 sets out the Bill’s territorial extent. The Bill will extend and apply to the United Kingdom, except for the repeal of section 40 of the Crime and Courts Act 2013, which will extend and apply to England and Wales.

Clause 55 provides for the commencement of the provisions in the Bill. The majority of the provisions will be brought into force by regulations made by the Secretary of State. The provisions that come into force on the day on which this Bill is passed will be the regulation-making powers in relation to the prominence of television selection services and the general provisions in the Bill, such as the clauses dealing with the power to make consequential provisions, financial provision, extent, commencement, and the title of the Bill. Clause 50, which repeals section 40 of the Crime and Courts Act 2013, will come into force two months after the Bill receives Royal Assent. The rest of the Bill will come into force when the Secretary of State decides.

Finally, clause 56 establishes the short title of this legislation, which, when enacted, will be the Media Act 2024. I commend clauses 52 to 56 to the Committee.

[Stephanie Peacock]

I am pleased to have reached the final stages of our Committee. I have no issue with the clauses in this group. Perhaps I could seek your guidance, Mr Vickers, on whether it would be appropriate to say a few words in conclusion, or perhaps on a point of order.

[The Chair]

There will be an opportunity later.

Question put and agreed to.

Clause 52 accordingly ordered to stand part of the Bill.

Clauses 53 to 56 ordered to stand part of the Bill.

Question proposed, That the Chair do report the Bill, as amended, to the House.

[Stephanie Peacock]

I would like to make some concluding remarks. Overall, the Media Bill is a piece of legislation that we very much look forward to seeing on the statute book as soon as possible, and I hope there is no further delay in its passage. There are, of course, some areas where I would have liked further progress, but I am really pleased to have welcomed through many of the measures, from the prominence regime to the establishment of the first video-on-demand code and rights.

I conclude by putting some thank yous on the record. I thank the Chairs, the hon. Member for Cleethorpes and my hon. Friend the Member for Bradford South, the Clerks of the Committee and all members of the Committee. It is particularly worth noting the work done before the Bill was introduced, by the CMS Committee and all the stakeholders, and in particular by Anna Clingan from my office, who has worked incredibly hard on all the speeches. I look forward to continuing the process of scrutiny on the Floor of the House, probably after Christmas.

Media Bill

Stephanie Peacock Excerpts

Consideration of Lords amendments
Thursday 23rd May 2024 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

May I take this opportunity to say what an absolute delight, privilege and honour it was to be in the Chamber yesterday when Craig took his seat post his sepsis? I visited Craig in hospital every week that he was there, and I must say his resilience and positivity were an example to me. He really did raise my spirits and I am delighted that he was able to come back yesterday.

[Stephanie Peacock (Barnsley East) (Lab)]

I associate myself with those comments, Mr Deputy Speaker, and echo the Minister’s comments about the Post Office (Horizon System) Offences Bill.

I am pleased to be here tonight to see the final passage of the Media Bill. It has been 20 years since the last broadcasting laws were introduced, and in that time the media landscape has changed dramatically. This Bill ensures that our broadcasting sector can continue to thrive with regulation fit for the modern era. The measures in the Bill have been through several layers of scrutiny, from the White Paper to the pre-legislative inquiry conducted by the Culture, Media and Sport Committee. I thank the Committee for its work, and I will take this opportunity to say some other thank yous.

I thank the range of stakeholders, including those throughout our broadcasting sectors, who engaged so extensively with the content of the Bill. I thank the noble Lords, including of course our Labour Lords team, the civil servants and officials, and the ministerial team. I also thank my office, particularly Anna Clingan. While Labour would have added some further measures to future-proof and strengthen the Bill, I am pleased to welcome its passage this evening. Further to that, I am happy to support the amendments from the other place, which I believe will strengthen the position and purpose of our public service broadcasters.

First, it is right that the fundamental Reithian principles of public service broadcasting are reinstated, and it is important that educational programming for children and young people has an explicit basis in the Bill. Labour has spoken in detail at every stage of the Bill about the importance of children’s access to public service content, including educational content.

As we enter a general election, our media—be they our public service broadcasters, our commercial radio and television stations or our local media outlets, including my local paper, the Barnsley Chronicle—will play an incredibly important role in holding accountable all of us who stand for public office. Our media and broadcasting sector will, and always does, play a fundamental role in our society and democracy. I am pleased that this legislation, which will secure their future, will enter into statute.

As we enter the election period, I send colleagues from across the House my very best wishes, including, of course, my hon. Friend the Member for Halifax (Holly Lynch). I especially mention those who are retiring, including the Deputy Speakers: my right hon. Friend the Member for Doncaster Central (Dame Rosie Winterton), and the right hon. Member for Epping Forest (Dame Eleanor Laing).

[Mr Deputy Speaker (Mr Nigel Evans)]

Hear, hear.

--- Later in debate ---

[Julia Lopez]

I thank the hon. Member for Aberdeen North (Kirsty Blackman). She is an extraordinarily diligent Member of Parliament, and I admire her for that. I simply want to thank her, and the hon. Member for Barnsley—

[Stephanie Peacock]

East.

[Julia Lopez]

East—apologies. I thank both Members for all the work that has gone into this legislation. Since we have discussed all these matters at length many times, I simply commend the Bill to the House; I am very glad that we have finally got to this stage.

Lords amendment 1 agreed to.

Lords amendments 2 to 25 agreed to.