Media Bill

Viscount Colville of Culross Excerpts

2nd reading
Wednesday 28th February 2024 Lords Chamber

[Viscount Colville of Culross (CB)]

My Lords, I declare an interest as a television producer who has worked for all the public service broadcasters.

Like many others, I welcome this long-awaited Bill. The television and film industry has been one of the great successes of our economy. Our public service broadcasters, together with the BBC, are national treasures and admired across the world. What I treasure most is their ability to reflect our country back to ourselves, to stimulate national discussion and to ensure a light is shone on unreported communities and unheard voices.

This view was so well expressed in the actress Samantha Morton’s very moving acceptance speech at this year’s BAFTA awards. She told the audience that watching Ken Loach’s film “Kes”, about poverty, was a seminal moment for her. She recognised her own upbringing and finally saw her own experience reflected on screen. She said:

“You see the stories we tell, they actually have the power to change people's lives”.


She added that the film had transformed her and drawn her into the industry.

Television has made wonderful strides in the last few decades since I joined the industry in the late 1980s. It has provided employment for people from many backgrounds and, thanks to the move out of London, brought work to the nations and regions. The stories they tell have indeed replicated Samantha Morton's experience. However, in the last 18 months the industry has been struck by a shocking downturn in commissions. They are few and far between. Independent production companies are closing down for want of work, and experienced technical and production staff are leaving the industry. Channel 4 has admitted that a 9% reduction in advertising revenue has forced it to call a slowdown in commissioning. In reality, this has meant vanishingly few new commissions. Channel 5 and ITV are not much better. ITV’s head of policy Magnus Brooke called it “past peak TV”.

The resulting effect on the workforce has been dramatic. BECTU, the television union, this week published a survey of workers in the industry, which has revealed that 60% of the respondents across the industry were not working, while 88% were finding it very difficult to make a living. The result has been an exodus of talent. The huge strides made in the last few decades in bringing women and people from ethnically diverse backgrounds into the industry are being reversed. The BECTU survey shows that 40% of women are thinking of leaving the industry and half of black respondents are thinking of following suit. This Bill must do everything it can to protect those unheard voices and ensure that the industry continues to shine a light into the corners of this country that are not normally seen.

I want to praise the Government for bringing forward measures in the Bill such as digital prominence for PSBs, which is so badly needed. However, the privilege of the status of public service broadcaster must be reciprocated by providing distinctive content, which is so important to our national sense of being. In this very competitive marketplace where streamers are bombarding viewers with drama and advertising revenue is declining, the pressure will be on the PSBs to commission only popular shows by big production companies with proven records. Like my noble friends Lady Kidron and Lord Birt, my concern is that the Bill is so vague in many areas designed to protect this distinctive content.

The last Ofcom review of PSB content was published in 2020, so it is already out of date, but it is the best official indicator of the state of factual programming. It said that PSB provision of and investment in arts, religion, formal education and children’s content is low. My fear is that the BBC is increasingly going to become the channel of market failure programmes, although even there it seems that the commissioning of factual science, arts and religion has almost dried up.

The Bill not only drops the “educate and inform” mission for PSBs; it is also particularly vague on their public service remit. The Government inserted Clause 1(6) in the other place in response to these concerns. It is a permissive clause calling for a range of “appropriate” genres of content to be made available by PSBs. It is one thing to permit PSBs to broadcast a range of genres, but being so vague about what they are supposed to be gives the measure no meaning.

I would be grateful if the Minister explained what an “appropriate” range of genres means in the absence of a mission to educate, entertain and inform. I am echoing concerns already expressed in the other place. The Culture Committee, in carrying out pre-legislative scrutiny of the Bill, warned that replacing a list of specific commitments required of public service broadcasters with a general remit was “a step too far”. The Government’s response was that the amendment was a simplification. Without a firm list of genres that need to be covered, what is the incentive or capacity for Ofcom to judge whether the PSBs are sticking to their public service remit? I imagine that news and children’s content will be measured, but what about the rest?

I ask noble Lords to take these concerns seriously. These distinctive genres need to be protected, because they create commissions and jobs in the very communities which the Government say they want to foster. Channel 4 has a vision statement that talks of elevating unheard voices from diverse communities, to encourage emerging writers and producers from different points of view. I have to praise the Government for not going ahead with their policy to privatise Channel 4, but I want to ensure that the company recovers from its present commissioning drought, and that the Government, together with Ofcom, ensure that it continues to commission from as wide a range of small independent production companies as possible, because that is where the freshest and newest ideas are coming from.

Once again, the Bill is very vague on how this is to be achieved. It talks about

“an appropriate range of independent productions”,

and

“an appropriate range of programme made outside the M25”.

I applaud the sentiment, but I fear the vagueness. I know that the Minister will tell me that appropriateness will be decided by Ofcom, the expert regulator, but, as parliamentarians, I think we have a duty to steer Ofcom.

In 2022, production companies with turnovers of more than £25 million annually received 70% of Channel 4’s primary commissioning spend. The channel, despite its mission statement, has been too risk-adverse in its commissioning. Its new licence agreement states that 35% of productions for Channel 4 will be made by qualifying indies—those not partly owned by a UK broadcaster. But these indies could include Banijay, a huge production company with massive annual revenues. More needs to be done to guarantee that smaller indies are protected. There are various ways in which the threshold could be calculated, but I ask the Minister to engage seriously with protecting these small but unheard voices.

Similarly, I applaud the Government for emphasising the need for local radio, regulated by Ofcom, to be protected in the digital world and for encouraging locally collected news. As online listening hit over 26% of listeners last year, I encourage the Government to extend the scope of these protections to cover all online services and podcasts generated by these stations. I really would not like to see these digital offerings diluted by commercial interventions by the platforms, either in charging a fee for carrying them or superimposing endless advertising on them.

I also applaud the Government for focusing on regulating voice-activated services, and ensuring that the platforms do not have too much power to promote their own content over that of the audio provider. However, I think that the Government ought to bring into scope in-car entertainment systems that are not voice activated. It would be good to get a steer from the Minister on this and not to leave all future-proofing to regulations.

This Bill does so much to propel our world-class television and radio services into the digital world. I hope that it will pass with all speed, but I ask the Government to protect the small players in the audio-visual industry and to ensure that they have a place in the increasingly competitive digital sphere.