Media Bill

Thangam Debbonaire Excerpts

2nd reading
Tuesday 21st November 2023 Commons Chamber

[Thangam Debbonaire (Bristol West) (Lab)]

As the Secretary of State knows, I welcome the introduction of this important and long-overdue Bill. I start by making her an offer: I will work with her on a cross-party basis to get the Bill into law as quickly as possible, subject to the proper scrutiny that would be expected from His Majesty’s Opposition. Britain’s public service broadcasters must be fully equipped with the tools they need to thrive in this intensified era of internet and on-demand television. That is why Labour has been calling on the Government for some time to bring forward many of the measures in the Bill. And it is not just Labour; Ofcom, Select Committees of both Houses, the public service broadcasters, consumers and industry leaders across the sector all back the Bill and want to see it passed into law, and some have done so for many years.

[Angus Brendan MacNeil]

Further to the point I made to the Secretary of state, and further to the shadow Minister’s excellent point about working co-operatively across the House, would she support a straightforward amendment to protect Gaelic language broadcasting? I hope the Government will do so too.

[Thangam Debbonaire]

I cannot say whether I would support an amendment until I have seen it, but despite a specific mention of “Gaelic-language content” in the briefing note on the King’s Speech, there seems to be no mention of protecting Gaelic language broadcasting in the Bill, which gives me cause for concern.

I am sure that the Secretary of State understands how frustrating the delay has been to everyone involved and how, unfortunately, it seems to our public service broadcasters, the creative industries and all the talented people who work in them that the Government do not care about them. Much of the delay was down to the pointless war on Channel 4: were the Government going to sell it off and did they think it was publicly funded? Nadine Dorries, their 10th Culture Secretary in 13 years, certainly seemed to think so, which slowed down the Bill.

Not content with chipping away for more than a decade at our remarkably resilient British creative industries, they attempted to take their Tory wrecking ball straight to one of our finest institutions, costing Channel 4 and other PSBs time that they could have used to get on the stronger footing with their international competitors that the Secretary of State has described today. If only the Bill had come sooner.

Selling off Channel 4 was never going to work. It was wrong for viewers and it has only done damage to our creative industries. The Government should not have been contemplating it in the first place. With all that time wasted, looking inwards and wrangling with themselves, they held our public service broadcasters back. The resulting delay to the Bill and all the consequences of that have to sit squarely with the Government. Never again must our PSBs be treated with such disdain.

It may seem like a non sequitur, but the Culture, Media and Sport Committee undertook incredibly thoughtful pre-legislative scrutiny. I am sure the Secretary of State will agree that the Committee’s work added considerably to the quality of the legislation across the piece.

PSBs are important to the wider creative economy because they stimulate growth, create quality jobs and nurture British talent across all our nations and regions, so I welcome the measures in the Bill to boost that success further, particularly those ensuring that PSBs are always carried and given prominence on smart TVs, set-top boxes and streaming sticks. There is still debate about whether “appropriate” prominence, as it is described in the Bill, goes far enough. Would “significant prominence” avoid confusion? As we set the framework and as the Bill moves to Committee, we have to explore what being clear about the mandate to Ofcom actually means.

For many people, the most important part of the Bill is the recognition that PSBs bring us joy and their unique universality brings tens of millions of us together, whether to cheer on the Lionesses, watch Elton at Glastonbury or mourn the late Queen. At a time where loneliness is at an all-time peak, public service content keeps us connected. It is a string threaded through homes in every city, town and village in this country. I welcome the important modernisations to the listed events regime in the Bill—there is a lot to welcome in the Bill—including closing the streamer loophole, so that TV-like services that provide live content via the internet, such as the World cup and Wimbledon, will be brought within scope in the listed events legislation.

However, unfortunately the Government have not taken on the Culture, Media and Sport Committee’s recommendation to include digital on-demand rights in the regime, so on-demand highlights and online clips can be kept behind paywalls. I know the Government are conducting a review on digital rights, but the deadline for responses to their consultation was last year. I urge the Secretary of State to look down the back of the Culture, Media and Sport sofa—I am very fond of sofa metaphors, I am afraid, so hon. Members may hear more about sofas later—pull that review out and tell us what is in it? If the results of the consultation are not ready in time to be included in the Bill, will the Government include an enabling provision to allow digital rights to be added later?

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

Some of the points raised, including those about digital rights, are made by Colin Browne of the Voice of the Listener and Viewer. I recommend that the Secretary of State and the shadow Secretary of State meet him to understand what other points he is concerned about, so they can be addressed during the passage of the Bill?

[Thangam Debbonaire]

The Father of the House is quite right to draw attention to the Voice of the Listener and Viewer—I believe that organisation is on my call list, so I will chase that up following his kind and sensible suggestion.

Another broad area that I ask the Secretary of State to look at again is children and young people’s television, which has been one of public service broadcasting’s biggest contributions to the life of our country. I am sure we can all name our favourite programmes, which might reveal the age of hon. Members. For me, they are “Jackanory”, “Grange Hill” and “The Magic Roundabout”, but for others they might be “Byker Grove” and “The Story of Tracy Beaker”, tackling issues rarely seen elsewhere in the media. Colleagues are welcome to mention their own favourite TV programmes.

[Angus Brendan MacNeil]

“The Wombles”.

[Thangam Debbonaire]

Interesting. The hon. Gentleman obviously appreciates the importance of tidying up.

Sadly, I fear that the importance of children’s TV has been lost in the Bill. There has been a dramatic shift in the viewing habits of young people, particularly children over the age of 7, as increasingly parents no longer control viewing. Coupled with the long-term reduction in commissioning of original UK content for children, I am concerned that the Bill does not go far enough.

The Government must ensure that the next generation does not miss out on the high-quality, culturally relevant storytelling, such as “The Wombles”, for which our generations are so thankful to our public service broadcasters. I think I will develop a Wombles theme now. These programmes have a powerful influence on a child’s development. They provide role models—I am sure the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) is an assiduous tidier up as a result of what he watched as a child—inspire ambition and encourage social inclusion. They engage participation in national conversations and develop a child’s understanding, valuing and ownership of what it means to be British.

Children’s TV also makes a significant contribution to the economy and provides quality jobs. It is a key part of our soft power too, promoting tolerance, logic and fair play to children all over the world. The Government must consider the wider consequences for public service broadcasters if children are not consuming as much content as they used to. It is unhelpful for the long-term interests of our public service broadcasters if a generation has little experience of their content. Will the Secretary of State think carefully about how she can work with public service broadcasters to get more quality UK-made children’s content and, crucially, make sure it is as accessible as possible to them?

The Bill is designed to allow current public service broadcasters to fulfil their obligations by taking into account their online delivery platforms, but children also spend a massive proportion of their time on Disney+ or on video-sharing platforms such as YouTube. I urge the Secretary of State to speak with those platforms about how they can provide more quality public service content produced here in the UK.

[Jeremy Corbyn (Islington North) (Ind)]

There seems to be an excessive amount of advertising on commercial programmes aimed at young children, to the extent that it sometimes seems almost subliminal within the programme. Does my hon. Friend think that area needs to be looked at, because those programmes are using children as a commercial pressure on their parents or guardians?

[Thangam Debbonaire]

The right hon. Gentleman will be aware of work done by the Children’s Media Foundation and I am pleased to note his point. A great concern of mine is that all children’s television and broadcasting ought to be of the highest possible quality. In our country we have that tradition of making great children’s TV.

I am also concerned about the talent pipeline that PSBs rely on. For the past 13 years, successive Tory Governments have failed to understand the importance of creative education for economic growth and jobs. We get announcements with no follow-up, which means they have not taken the issue at all seriously. Government adverts patronised creatives, suggesting that ballerinas should retrain in cyber.

Complementing the aims of the Bill, Labour will back the next generation of creative talent that we know our PSBs need if they are to fulfil the promise offered by the Bill. We will equip the workforce with the skills, knowledge and understanding needed to sustain PSBs and the wider creative industries, which are so necessary to fulfil the pipeline. There will be a broad and balanced education for every child, who will have access to high-quality arts, culture and creativity under a future Labour Government.

I recognise the unique and vital role of the independent sector, as set out in the Bill. As MP for Bristol West, the home of BBC Wildlife, some Channel 4 studios and many creative industries that supply and work for them, I know how important PSBs are, or can be, for driving inward investment into communities across our country. I have seen for myself in my patch how that can stimulate the supply chain and the resilience of the local economy, but I want more for this industry across the country from this Government.

Finally, I welcome the measures in the Bill to give S4C, the Welsh language broadcaster, more flexibility in the modern world, and I welcome the comments that my hon. Friends have made about that.

[Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)]

I am extremely grateful to the hon. Member for giving way and congratulate her on her appointment. The point that I would like to make to the Secretary of State is that, although there is a broad welcome in Wales for the reforms to S4C, it is a channel that seems at the moment to be at a crisis point; perhaps that is going too far—it seems to be in an element of turmoil. I would be very grateful if the Secretary of State would look at what is going on at S4C, starting with the journalism of Martin Shipton on Nation.Cymru, because there are a few issues that need to be addressed.

[Thangam Debbonaire]

I thank the hon. Member for that intervention, although I think it was probably addressed to the Secretary of State. I agree with him on the importance of S4C, as I am sure we all do. I want S4C to have more flexibility in the modern world, but I did note, as has been raised by other colleagues, that there is no specific mention of protecting Gaelic broadcasting in the future. That is despite an explicit mention of it in the King’s Speech, so I would be grateful if the Secretary of State could clarify what has changed by the next stage of the Bill.

I thank the Secretary of State for bringing forward the measures in the Bill and urge her to listen to the comments that I have raised today, and those that my colleagues and others across the House will raise, because there is a great deal of cross-party consensus. We all want the Bill to be as good as it possibly can be. I reiterate my offer to work with her to get the Bill through Parliament in the best shape possible and to do so as smoothly as possible. Labour will back this Bill to back our public service broadcasters.

--- Later in debate ---

[Duncan Baker (North Norfolk) (Con)]

It is a privilege to follow my hon. Friend the Member for Warrington South (Andy Carter). I remember being warned by the Whips on my very first day in this place, “Do not make the mistake of thinking that the media are your friends. They are not.” I can still remember that. After four years of being in this place I understand the sentiment, but actually we have a job to do. It is to represent our constituents and be accountable, and the media equally have a job to do. As far as I am concerned, we form a relationship with each other, hopefully for the benefit of our constituents. It might not always be a friendship, but in my case it is a decent, healthy working relationship none the less. In North Norfolk we are lucky, because we have some really good local media companies. We have good local TV, good local radio and good local newspapers, and I work with them all. I would like to think that we have a good relationship because I have a job to do and so do they in reporting on my role and what I am doing in Parliament.

We all know that local media are under immense pressure and I have been very outspoken about BBC local radio cuts. BBC Radio Norfolk is a beloved institution in my parts and I still think that those cuts were misguided and wrong. They will devalue the product, push content creators into online from radio and put pressure on our regional newspapers, which are already struggling as a result of the ever-dwindling numbers of people who are reading print content. Local media are often far more adept at reporting on the stories our constituents want to hear, because the regional stories affect the reader directly. Local news programming often aims to be the authentic voice of its viewers and their interests, with viewers often telling stories directly through their own words.

One of the purposes of the Media Bill is supposed to be to ensure that viewing migrating to new streamed platforms does not result in viewing and revenues to public service broadcasting being lost. However, while supporting the largest broadcasters, the Bill does little to protect the rights of viewers to access local news and information on their new TV sets. So for me, the fundamental issue of the Bill is the definition of public service channels. Under the Bill, local TV services are no longer included in the definition, which means that Ofcom will have no power to secure carriage and prominence for internet-delivered local TV streamed services on smart TV sets.

The reality of that is that if local TV services cannot replace lost viewing and revenues, they will ultimately no longer be able to deliver their services. For one of my local TV stations, That’s TV, it will have a direct impact on its business. I have always supported That’s TV, along with its presenter Charlie Walden and now his successor, Ryan Wykes. Both have been young, talented and keen reporters and I have greatly enjoyed working with them. It is important that they flourish and are not lost, because the demise of local TV would be an irreversible loss to the media landscape.

Where the Bill has got it right is in reducing the regulatory burden on commercial radio stations. They, too, are stretched for advertising revenue but contribute enormously to the rich fabric of community media. To give an example of just how popular local radio is in my region: according to RAJAR data from Sept 2023, 199,000 people across Norfolk and north Suffolk tuned into Greatest Hits Radio, including 18,000 in North Norfolk alone. That is more than BBC Radio Norfolk, at 125,000, and more than Heart Norfolk, at 174,000. That echoes what my hon. Friend the Member for Warrington South has just said.

Of all the people listening to the radio in Norfolk, around one in every five listened to Greatest Hits Radio for at least some of the time. It is vital that stations like these are supported and enhanced so that brilliant reporters such as Tom Clabon can continue to report on the latest and most important regional topics, day in and day out. I often find these journalists have a freer rein and more flexibility than journalists from, say, the BBC, with its strict schedule on what they can and cannot report.

One concern is that increasing the visibility or accessibility of public service broadcast content could have an adverse consequence in providing unfair competition to regional newspapers that, as we know, are under great pressure across the country. I am blessed to have a brilliant local newspaper that covers all of my constituency—I know not all MPs have that.

There is almost a clamour to buy the North Norfolk News on a Thursday morning, and I pay tribute to up-and-coming journalists such as Adam Barker and the local democracy reporter George Thompson, and not forgetting Stuart Anderson, the community editor, who was the first reporter to interview me after my election, We have worked together productively ever since I was elected to inform the population of all things in North Norfolk.

As I end, I cannot fail to mention protections for non-commercial community radio stations. I have one of the best, Poppyland Radio, based in Northrepps village hall. A bunch of wonderfully energetic, creative and talented presenters and volunteers enable it to broadcast 24/7 but, like every other local media channel, it needs protection to ensure its viability. I hope consideration can be given so that, across the spectrum, it is not just the broadcasting giants that are protected but also the content creators who represent our smaller communities. Without them, the journalists of the future may never be given the opportunity to learn their trade, and then we and the communities we represent would all ultimately suffer.

[Thangam Debbonaire]

On a point of order, Mr Deputy Speaker. I apologise to the House for neglecting to mention at the start of my remarks that I have recently accepted hospitality totalling £345 from Sky, a broadcaster, to see Madonna—it was unforgettable. I apologise for failing to mention that in my remarks, and I wish to correct the record. I hope that is acceptable. Thank you for your guidance.

[Mr Deputy Speaker (Mr Nigel Evans)]

I thank the hon. Lady for her point of order and for correcting the record as quickly as possible, for which I am grateful.

Media Bill

Thangam Debbonaire Excerpts

Report stage
Tuesday 30th January 2024 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Secretary of State.

[Thangam Debbonaire (Bristol West) (Lab)]

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

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

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

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

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

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

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

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

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

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

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

Will the hon. Lady give way?

[Thangam Debbonaire]

I am happy to give way.

[Gavin Newlands]

The shadow Secretary of State mentions sporting events. In addition to protecting the Six Nations for us all in group A, would she accept the principle that Scottish, Welsh and Northern Irish football fans should have the same access to their national teams as English fans do at present?

[Thangam Debbonaire]

Of course I would, and I am glad to confirm what my hon. Friend the Member for Barnsley East said in Committee. If the hon. Gentleman is trying to press me on a specific aspect, I am also happy to confirm that we would support the new clause tabled in his name if it were pushed to a vote. I will be interested to see whether colleagues in his party will support our new clause on Gaelic broadcasting, as they seemed not to vote for it in Committee. It will be interesting to see whether they take up that challenge as well.

It is likely that, even in the near future, key sporting moments will take place in the middle of the night in this country. Despite the fact that Conservative Ministers ordered a review of this in 2022, there is simply nothing in this Bill as drafted to update the listed events rules so that clips or highlights from those events do not get stuck behind a paywall. Our new clause 10 seeks to guarantee that action is taken on this issue, but it is flexible enough to accommodate whatever mechanisms are identified as most appropriate following their review. I also note new clause 7, in the name of the Father of the House, the hon. Member for Worthing West (Sir Peter Bottomley), which is more prescriptive than ours but addresses the same issue.

If Ministers cannot lend their support to either of these amendments, they should at the very least publish the response to the review in full. It would be helpful if the Government took up the suggestion from my hon. Friend the Member for Barnsley East that criteria be published, so that we get a clearer sense, rather than having this ad hoc debate—sympathetic though I may be to certain sporting events. There is the question of national fairness—that is a principle—and also the question of what criteria we should use to add to the listings regime.

New clause 12 seeks to fix another problem with the Bill, which is that it fails to take the rising popularity of podcasts into account. I have mentioned podcasts before on the Floor of the House, and it gives me great pleasure to mention them again when discussing the regulation of selection services for audio content. Some 10 million adults listen to podcasts every week. It is emerging as a format that encourages collaboration, new partnerships, interesting discussion and the presence of a range of politicians and other personalities who have something interesting or unique to say. It seems counterintuitive, therefore, to exclude this fast-growing audio medium from the Bill. For example, the Bill as drafted guarantees access to the LBC breakfast show with Nick Ferrari but not to “The News Agents” podcast. Some of us will be listening to both, and we expect similar treatment for both. This new clause would simply provide that consistency.

New clause 11 is designed to ensure that public service content is available to linear services as well as online. Part 1 of the Media Bill introduces new measures to allow public service broadcasters to meet some of their remit requirements through their online services and on-demand channels. Given that streaming and on-demand are growing rapidly, this seems a reasonable forward-looking change. However, there are still millions of people who watch their television through a traditional broadcast set-up. This group of people primarily includes older residents, families in rural areas and those struggling with bills as a result of the cost of living crisis. It is crucial that they can still access public service content as usual. This new clause would give Ofcom the means to assess whether public service broadcasting delivery on linear services was adequate; and, if it found that provision to be inadequate, it would have the power to set binding quotas.

I have already mentioned new clause 13, which encourages the Secretary of State to consider and take advice on whether a Gaelic language service should be recognised as a public service broadcaster in its own right. This was raised by my hon. Friend the Member for Barnsley East in Committee. BBC Alba, the Gaelic language television service provided by MG Alba and the BBC, is a huge asset, providing a wide range of high quality programming for Gaelic speakers to enjoy and sustaining around 340 jobs, half of which are in economically fragile areas. However, despite apparent cross-party support for the service, Gaelic language broadcasting is still not recognised in legislation across the board in the same way as other minority language services are. That is not to say that Gaelic language broadcasting can be directly compared to Welsh broadcasting, for example, but it is an acknowledgment of the importance of language to our cultural life. Language is a daily expression of our history, and Gaelic language broadcasting is an important forum for that expression. It should therefore be considered for recognition in law.

[Jamie Stone]

I really hate to say this, but it is worth pointing out, in the context of Gaelic and Welsh, that the situation for Gaelic is very precarious indeed. It is strong enough in some of the Western Isles, but we need to remember that it needs to be nurtured big time now.

[Thangam Debbonaire]

The hon. Gentleman makes a valid and valuable contribution. My hon. Friend the Member for Barnsley East, the shadow Minister with responsibility for media, has met those bodies recently. We understand the points that he is making and take them fully on board. This new clause, tabled in my name and that of my hon. Friend, is not prescriptive as to how we break the cycle; it leaves multiple options open to the Secretary of State.

I turn to clause 50 and the amendment tabled in the name of the right hon. Member for Camborne and Redruth (George Eustice), who made his points earlier. The phone hacking scandal led to section 40 of the Crime and Courts Act 2013. That scandal involved egregious acts, and the treatment of victims of crime or tragedy by some sections of the media was a disgusting abuse of power. We all say that that should never be repeated. The majority of British journalists are decent and honourable, but there are some who even now continue to drag the good name of that profession into disrepute. That profession is a cornerstone of our democracy and it is important that the public are able to trust it, but at the moment we are at risk of the public losing faith in the profession of journalism, as was certainly also the case before section 40 was created and before that scandal was exposed.

We on the Labour Benches want a press that is regulated in a way that makes it accountable for its reporting and that meets the highest ethical and journalistic standards. We want to see a financially sustainable free press in the UK that can carry on holding power to account. Clause 50 repeals section 40 of the Crime and Courts Act, but if the right hon. Member for Camborne and Redruth pushes his amendment 2 to a Division this evening, we will support it, because it offers a way through by keeping some of what he refers to as the carrots. Indeed, by removing some of the sticks, his amendment would incentivise more publishers to join up with an approved regulator, for the reasons that he has outlined much more coherently and clearly than I can now. We thank him for working co-operatively with us.

[Sir John Whittingdale]

It is interesting to hear that the Opposition intend to support my right hon. Friend the Member for Camborne and Redruth (George Eustice), as they abstained in Committee. If a future Labour Government repealed section 40, would they put in place an equivalent or similar measure?

[Thangam Debbonaire]

I thank the right hon. Gentleman for his intervention, but I am speaking about amendment 2, which we will support for the reasons that the right hon. Member for Camborne and Redruth set out.

I want to see publishers protected from defamation cases brought by Russian oligarchs and other wealthy individuals or corporations looking to evade scrutiny in the public interest. The Government have promised to do more to protect people from SLAPPs, but they have yet to come forward with concrete proposals. We would like to see those measures brought forward, as they are needed to secure our free press. We also look forward to seeing the private Member’s Bill of my hon. Friend the Member for Caerphilly (Wayne David) on this subject.

It is an important principle that ordinary citizens should be able to access justice. As the right hon. Member for Camborne and Redruth said, amendment 2 would remove the stick. If that encourages more publishers to join the approved regulator, it would create more compliance with the arbitration scheme, which is another reason why we support the amendment. How will the Government protect publishers from SLAPPs and give complainants access to justice?

I acknowledge the amendments and new clauses tabled by my right hon. Friend the Member for Hayes and Harlington (John McDonnell). In addition to covering many of the issues that I also support, he clearly cares about the care that public service broadcasters should take in consulting and fully representing their audiences in both their workforce and their output. I ask every culture, media and sport organisation I meet, “Where are the women? Where are the people of colour? Where are the people from working-class communities?” Those questions have to be answered both horizontally and vertically, and my right hon. Friend made that case extremely well.

Before closing, I wish to raise a couple of concerns with the Minister on Government amendments 37 to 39. Those amendments appear to lack clarity and purpose, and they may weaken the position of public service broadcasters in future negotiations with commercial broadcasters. I urge the Government to reconsider them, and at least to make it clear to the House what problem they are trying to solve.

We support the Bill in general terms. I hope Members will join me in supporting the amendments I have outlined, including amendment 2 tabled by the right hon. Member for Camborne and Redruth and our new clause 13 on Gaelic. We feel that these amendments would strengthen the Bill, benefiting people across the country and helping to support our broadcasters in the coming years.

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

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

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

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

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

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

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

(a) clear and well understood by consumers;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

--- Later in debate ---

[Thangam Debbonaire]

I join the Minister in celebrating the collaborative and consensual approach to the Bill, although I am disappointed that the Government chose not to support the excellent amendments that we either tabled or supported. I am sorry that there has been no movement yet on SLAPPs, to which I hope we will return.

I thank everyone who has contributed today, including my right hon. Friend the Member for Hayes and Harlington (John McDonnell) and my hon. Friends the Members for Eltham (Clive Efford) and for Hammersmith (Andy Slaughter). I also thank my colleagues who sat on the Public Bill Committee, including my hon. Friend the Member for Barnsley East (Stephanie Peacock), who did such a brilliant job on the Front Bench, my right hon. Friend the Member for Exeter (Mr Bradshaw) and my hon. Friends the Members for Luton North (Sarah Owen) and for Eltham.

I also thank the Select Committee members who did such a great job of coming up with good ideas, and who were so thoughtful and considered in their work. I thank the right hon. Member for Camborne and Redruth (George Eustice) for being willing to communicate with me on possible amendments. I thank colleagues on both sides of the House who have been open to listening to difficult arguments.

The Bill’s stakeholders are many and varied. Some broadcasters are thrilled to bits and others still have questions, but they have all been willing to take time to talk to us. We have looked at a wide range of measures that we know are necessary for broadcasters, but section 40 has been difficult for many people. I respect the fact that people have approached this with serious intent, purpose and commitment.

We probably will not vote on Third Reading, because we all agree that the Bill is necessary. As the Bill goes to the other place, section 40 will be removed and we will not stand in its way, as my hon. Friend the Member for Barnsley East outlined in Committee and as I reiterate now. However, we have missed an opportunity this evening for a more nuanced version of that repeal, and we are disappointed that amendment 2 did not pass.

There is a further discussion to be had about how we can protect the provision of trusted public interest journalism in the modern age. If we are in government after the next general election, Labour commits to working with the Press Recognition Panel, IPSO, Impress and anyone else we need to work with to ensure the highest standards of ethical journalism. Whether it is online disinformation undermining our democratic institutions, the decline of local press outlets or the rise of SLAPPs, all these issues have to be taken seriously.

For now, our aim must be to ensure the passage of this Bill so that these important measures reach the statute book. The film and TV industries remain crucial to our economy, contributing more than £18 billion in 2020 alone and supporting 280,000 jobs across the country. It is right that we update the law after 20 years, so, as well as thanking colleagues, I thank the Clerks in the Public Bill Office, who have worked incredibly hard to ensure the Bill receives proper scrutiny by assisting us in drafting amendments.

I thank the public service broadcasters, UK radio stations, TV and radio platforms, podcasters, viewer representative groups and all the other stakeholders. And I particularly thank the Hacked Off campaigners, who have been willing to speak so generously and openly about their often painful experiences.