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UK PARLIAMENT · SITTING

Sir John Whittingdale

MP for Maldon · Conservative · United Kingdom

IN THEIR OWN WORDS

I strongly welcome the Secretary of State’s confirmation of our continuing support for Ukraine. He has set out the sustained threat from Russia facing not just Ukraine, but this country and the whole of Europe, yet for too many people, it is still business as usual.

UKRAINE AND RUSSIA · 2026-09-10 · READ IN HANSARD

That is perhaps even more relevant to the second prong of the Government’s proposals, which is about social media. I will come to that point, but before I finish talking about local media, I want to mention that another of the Government’s flagship policies is devolution.

MEDIA GREEN PAPER · 2026-09-08 · READ IN HANSARD

The hon. Member is completely right that this issue must be addressed before we proceed. There is also the question of cost, raised by my right hon. Friend the Member for Wetherby and Easingwold (Sir Alec Shelbrooke). There are people who probably do have access to broadband, if they choose to pay for it, but they cannot afford to do so.

MEDIA GREEN PAPER · 2026-09-08 · READ IN HANSARD

I was the Minister responsible for the passage of the Media Act 2024, during the previous Parliament. It is a great delight to see some familiar faces with whom I have worked with in the past on the officials’ Bench.

MEDIA GREEN PAPER · 2026-09-08 · READ IN HANSARD

Member for Hazel Grove (Lisa Smart) that young people are turning more and more to social media, but I do not think that this policy is the answer, because it looks to me like a very dangerous extension of Government interference in the freedom of the press and the right to free speech.

MEDIA GREEN PAPER · 2026-09-08 · READ IN HANSARD

My right hon. Friend asks a perfectly valid question, and I want to acknowledge that there are concerns. We had a debate in Westminster Hall not that long ago, and a number of my colleagues—particularly from Scotland—turned up to express concern about the fact that the quality of reception via broadband in their constituencies is very poo…

MEDIA GREEN PAPER · 2026-09-08 · READ IN HANSARD

The complete record

Every one of 4,278 lines we hold for Sir John Whittingdale, in date order, each linked to its source. Free to read, in full, without an account. Page 13 of 86.

  1. Finally, the intention is not to prevent a user from setting their own preferences, where available, or using the device for other means. Government amendments 12 and 13 are technical amendments to correct a drafting omission in proposed new section 362BS, which deals with provisional notices of contravention that Ofcom may issue to enforce requirements. The new provision covers only former providers of radio selection services; it does not cover former providers of a relevant internet radio service. Unless the amendments are agreed to, it will not be possible for Ofcom to issue a provisional notice of contravention to a former provider of a relevant internet radio service. The amendments deal with an obvious gap in the enforcement mechanisms; I hope, with this explanation, that hon. Members can support them.

    MEDIA BILL (FIFTH SITTING) · 2023-12-12 · READ IN HANSARD

  2. Proposed new section 362BI sets out the duties that will be imposed on designated radio selection services in relation to those radio stations that are within scope of the regime. It will be supported by the code of practice prepared by Ofcom in accordance with the Bill. The first duty, set out in subsection (1), essentially says that when a listener asks for a radio station, they should receive that station. The second duty is that the station should not be interrupted; while brief identifications or pre-roll adverts are permitted, once the station is up and running it must be allowed to continue. The third duty is the default route protection. The fourth duty is that stations must not be charged for the provision of their live services.

    MEDIA BILL (FIFTH SITTING) · 2023-12-12 · READ IN HANSARD

  3. We recognise that the audio market, and listening habits, will continue to evolve, so the provisions in proposed new section 362BH allow for amendment of the relevant definitions, which will allow this regime to keep pace with that evolution. [Interruption.] It is not that dramatic! Proposed new section 362BH also includes a specific reference to stations seeking to charge the platforms for provision of their services. Although, as I have said, there is no evidence to date of stations being in a position to do this, the provision recognises that potential risk and clarifies our expectation that the carriage of radio services should not be monetised by either party.

    MEDIA BILL (FIFTH SITTING) · 2023-12-12 · READ IN HANSARD

  4. The significance of voice activation is that, in large part, it enables platforms to take on a gatekeeper role; it is often the voice assistant intermediary through which listeners may be directed away from radio. It will be for Ofcom to consult and to advise the Secretary of State on which platforms should be designated. The provisions in proposed new sections 362BF to 362BH set out that the live online streams of BBC and licensed commercial and community stations will be able to receive the protections set out under the regime, provided that those streams correspond to the station’s broadcast service and that the station has opted in to the regime. The protections do not extend to on-demand content produced by stations, or to other unregulated online-only content.

    MEDIA BILL (FIFTH SITTING) · 2023-12-12 · READ IN HANSARD

  5. Our priority is to protect the public value of radio services that are subject to oversight and sanction from Ofcom, for example through the broadcasting code. We have also listened carefully to the practical concerns issued by the tech platforms during consideration of the draft Bill. We have made a number of changes to ensure that the effect of the measures is reasonable and proportionate while reflecting the policy intention to secure radio’s position in the long term as it continues to transition from an analogue to a digital future. The provisions inserting proposed new sections 362BA to 362BE into the Communications Act 2003 therefore provide a framework for the identification of “radio selection services”—the voice-activated software underpinning connected audio devices—and then the process by which such services can be designated.

    MEDIA BILL (FIFTH SITTING) · 2023-12-12 · READ IN HANSARD

  6. This will ensure that UK radio remains accessible to listeners on their connected audio devices, while providing scope for innovative collaboration and partnerships between stations and platforms. The measures do not go as far as those proposed in the digital radio and audio review. For example, they do not include measures on access to data transparency of algorithms or self-preferencing of services. Those are wider cross-sectoral issues and, as such, are more appropriately addressed through the wider work that is ongoing within Government relating to competition in digital markets. The measures in this Bill focus on broadcast radio. Internet-only radio-like services and other online audio are not within the scope of the Bill.

    MEDIA BILL (FIFTH SITTING) · 2023-12-12 · READ IN HANSARD

  7. That shift will increase the economic incentive for platforms with a significant share of radio listening to seek to monetise the carriage of radio services, for example through requiring radio to give up a fixed share of advertising inventory. The ability of UK radio to continue to deliver public value to its listeners would be endangered if platforms were able to do so effectively. The purpose of these provisions in the Bill is to put in place a targeted package of measures that will require the major platforms to ensure that UK radio stations remain available to their listeners on request, and that will prevent those platforms from inserting or overlaying their own content, such as advertising or charging for access.

    MEDIA BILL (FIFTH SITTING) · 2023-12-12 · READ IN HANSARD

  8. I am grateful to hon. Members for their participation in this debate on part 6, which is an important part of the Bill. It is based on the findings of the digital radio and audio review, taking account of the way in which radio listening is changing, as we have discussed, and in particular the awareness of platforms acting as a gatekeeper with the potential ability to direct listeners away from UK radio content towards other services, such as their own music playlists or third-party services that have paid for prominence or that seek to leverage value in charges. Our published impact assessment sets out how the economic relationship between stations and platforms will change as an increased share of listening moves online.

    MEDIA BILL (FIFTH SITTING) · 2023-12-12 · READ IN HANSARD

  9. 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.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  10. 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.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  11. 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.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  12. 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.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  13. 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.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  14. 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.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  15. 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.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  16. 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.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  17. 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.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  18. 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.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  19. 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.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  20. 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.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  21. I am very interested in that, because it has long been established that while the board of the BBC consists of some individuals who are independently appointed, the chair is a Government appointment and, of course, the BBC board member for Scotland is appointed with the approval of the Scottish Government. All the Administrations in the UK are involved in appointments to the board. The BBC is a state-owned and state-funded broadcaster, and therefore is in a completely different position from a free press.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  22. To be honest, that is why the system has failed: because the regulator that the vast majority of newspapers belong to decided that it simply could not apply, even though there was a good chance it might have been recognised. The carrot and stick in section 40 have clearly failed to provide the persuasion that the hon. Lady was looking for. I just want to be clear that I am not in any way suggesting that Impress is not a perfectly proper and independent regulator; it is the system that has failed.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  23. I want to be clear: I am not criticising Impress. Impress is an independent regulator. It has a code of conduct that its members subscribe to. It adjudicates and carries out the function of a regulator, just as IPSO does. The only difference is that IPSO decided not to apply for recognition from the Press Recognition Panel, whereas Impress did apply and achieved that recognition. It is the principle that divides the two, not in any way their performance as regulators. It is arguable—this has not been put to the test—that IPSO might qualify for recognition, if it chose to apply. In many ways, it is already compliant with the conditions. However, it decided that it did not wish to achieve recognition, so it remains outside the system.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  24. 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.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  25. 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.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  26. 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.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  27. 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.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  28. 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.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  29. 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.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  30. 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.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  31. 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.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  32. 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.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  33. 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.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  34. 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.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  35. Member for Bradford South for chairing so effectively. I thank the Clerks for doing an excellent job in preparing the amendments and keeping the whole thing on schedule. I also thank my officials in the Department, who have been working on this Bill for quite a long time. It is a great tribute to them that we have managed to get it through this part of its passage through Parliament so smoothly. With that, I thank the Committee once again, and wish everyone a happy Christmas. Question put and agreed to. Bill, as amended, accordingly to be reported.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  36. I join the hon. Lady in expressing my thanks. This is a very important Bill that has been in the making for a long time. There has been a lot of support for its provisions from right across the media sector. The fact that the Committee has spent just three days debating it in no way suggests that it is not an essential and important piece of legislation; instead, I think it shows that there is remarkable agreement across the Committee. While we may differ on specific detail in general—even on the repeal of section 40 of the Crime and Courts Act—it appears that there is pretty much cross-party agreement. I hope that that will continue when the Bill moves up to the other place. I wish to thank all the members of the Committee for their contributions and support. I thank you, Mr Vickers, and the hon.

    MEDIA BILL (SIXTH SITTING) · 2023-12-12 · READ IN HANSARD

  37. The timescale for taking advantage of commercial opportunities, together with the confidential nature of the activities sometimes involved, makes it difficult to do that by order. The Secretary of State will be required to publish any approvals, exempting only confidential matters, and the Secretary of State of course remains accountable to Parliament. I do not think that there is any cause for concern in either case. The clause is essentially based on the recommendations of the review of S4C, which the hon. Member for Arfon pointed out was widely welcomed across Wales. Question put and agreed to. Clause 32 accordingly ordered to stand part of the Bill. Clauses 33 to 36 ordered to stand part of the Bill. Schedule 4 agreed to. Clause 37 Tier 1 services

    MEDIA BILL (FOURTH SITTING) · 2023-12-07 · READ IN HANSARD

  38. That does not affect the funding of S4C, which has already been determined. The hon. Gentleman also spoke about the flexibility that we are giving S4C and the BBC to determine, potentially, alternative arrangements for the BBC’s support for S4C. That was a request from S4C, which saw it as a benefit that it might receive other forms of support from the BBC, but of course it will have to be by agreement, so the BBC will not be able to change that unless S4C and the BBC reach an agreement together. The hon. Member for Barnsley East asked for further details about the Secretary of State’s power to approve commercial activities of S4C. We feel that allowing that to be done in writing, rather than by order, provides greater flexibility.

    MEDIA BILL (FOURTH SITTING) · 2023-12-07 · READ IN HANSARD

  39. I am grateful to Opposition Members for their general support for these clauses. The hon. Member for Arfon has taken us through the history of S4C, and he is right to say that it now has widespread acceptance and has become part of the institutional landscape. There is only one part of what he said that I would question: having worked as political secretary to Margaret Thatcher for five years before I entered this place, I can assure him that she would not have done anything unless she wanted to do it. The hon. Gentleman raised a point about the BBC’s funding of S4C. The Government determine the funding for S4C. It merely comes from the licence fee pot. The BBC is being given knowledge of its funding for the coming year in today’s statement by my right hon. and learned Friend the Secretary of State for Culture, Media and Sport.

    MEDIA BILL (FOURTH SITTING) · 2023-12-07 · READ IN HANSARD

  40. 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.

    MEDIA BILL (FOURTH SITTING) · 2023-12-07 · READ IN HANSARD

  41. 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.

    MEDIA BILL (FOURTH SITTING) · 2023-12-07 · READ IN HANSARD

  42. 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.

    MEDIA BILL (FOURTH SITTING) · 2023-12-07 · READ IN HANSARD

  43. If it is determined that a small service has the potential to cause harm, the Bill allows that it can be designated as tier 1. The Government retain the power to do so if there is evidence supporting a need for it. That will allow us to ensure that regulation can be updated or added to.

    MEDIA BILL (FOURTH SITTING) · 2023-12-07 · READ IN HANSARD

  44. My hon. Friend is right that at the moment linear TV channels are required to be licensed by Ofcom, but in the new world it is much more likely that we are going to see quite small niche channels, which serve a particular audience. There has been a proliferation of such services, which simply could not really have taken place in the old linear world. That is why the Government felt it was right that new services that command considerable audiences and target a broad range of viewers should be subject to the same sorts of requirements as exist for linear broadcasters. However, it would be excessive to place those requirements on every single new notified VOD service, including those that are relatively small and serve very small and defined audiences.

    MEDIA BILL (FOURTH SITTING) · 2023-12-07 · READ IN HANSARD

  45. For that reason, we do not feel it necessary to bring all the existing video-on-demand services within tier 1 at this time.

    MEDIA BILL (FOURTH SITTING) · 2023-12-07 · READ IN HANSARD

  46. 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.

    MEDIA BILL (FOURTH SITTING) · 2023-12-07 · READ IN HANSARD

  47. The BFI is also talking to other subscription video-on-demand platforms and will continue to do so as it moves ahead with its Screen Culture 2033 ambitions. We are pleased that considerable progress is being made and we do not want to impose unnecessary additional requirements on organisations at this time. Therefore we do not see a necessity to legislate at the moment.

    MEDIA BILL (FOURTH SITTING) · 2023-12-07 · READ IN HANSARD

  48. I was fortunate enough to go and see the final episode of “The Crown”, which Netflix showed us a couple of night ago, in advance of its being made available, and that undoubtedly will be seen for a long time to come as a culturally important programme that needs to be preserved. Where we differ slightly is that the Government’s view is that a non-legislative approach is best able to achieve the objective of archiving on-demand content. The BFI is extremely active in this area and works directly with mainstream services such as Netflix and Amazon. The BFI National Archive has already entered into initial partnerships with Netflix and Amazon to provide both financial contributions and a curated selection of their UK content.

    MEDIA BILL (FOURTH SITTING) · 2023-12-07 · READ IN HANSARD

  49. I think that there is general agreement across the Committee about the importance of archiving television programmes that are of cultural significance. That is already the case, as we know, for the public service broadcasters. Indeed, I can recall the excitement when various episodes of, for instance, “Doctor Who” or “Only Fools and Horses” were rediscovered, having been lost before the requirement for archiving was in place. The hon. Member for Aberdeen North is absolutely right that there are now examples of programmes or series commissioned by on-demand services that are of similar value—she mentioned “Bridgerton”, for instance.

    MEDIA BILL (FOURTH SITTING) · 2023-12-07 · READ IN HANSARD

  50. I recall discussing this matter with the BFI some years ago and I absolutely share its wish, and indeed the hon. Lady’s wish, that it should have access to any of the programming content that it felt was important to preserve. I hope that the circumstances that she describes will not happen, but should they do so, I or whoever is holding my position would, I hope, be keen to assist in those discussions with any video-on-demand provider. Finally, I come to the amendment that the hon. Lady tabled. Amendment 38 includes Trinity College Dublin, which of course is not a UK institution, and we do not feel that it would be appropriate to instruct the deposit of important works with an overseas institution. For that reason, and for the reasons that I have described, we cannot accept the amendment.

    MEDIA BILL (FOURTH SITTING) · 2023-12-07 · READ IN HANSARD