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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 14 of 86.

  1. We now come to the core of this part of the Bill, which is the extension of regulation to the major video-on-demand services. Take-up has grown dramatically in recent years, and many of them make a significant contribution to the UK economy. Audiences now have access to thousands of hours of their favourite television programmes at the touch of a button, but providers are not regulated in the UK to the same extent as linear TV channels, and some mainstream international services are not regulated in the UK at all. That means that TV-like content in the UK is regulated differently depending on how audiences choose to watch it.

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

  2. Some of the big streaming platforms commission programmes that are intended to be viewed right around the world, but Ofcom’s role is to protect UK consumers, and obviously it will need to take that into account in how it administers the code. I am grateful to the hon. Lady for her support for the overall intention behind these measures. I am sorry that I cannot accept her amendment, but I think the Bill will deliver what she wants to see. Question put and agreed to. Clause 37 accordingly ordered to stand part of the Bill. Schedules 5 to 7 agreed to. Clause 38 Audience protection reviews

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

  3. Regarding the targets in the Bill, it is the hope and expectation that broadcasters will exceed the minimum targets wherever possible, but it is possible for the Secretary of State to increase the minimum targets at some future date. Interestingly, the hon. Lady said that she does not want to add to the burden on smaller services. To some extent, that is exactly why the tier 1 provisions were put in place: so that the requirements are different for much smaller services, which would otherwise find them quite burdensome. As for her comments about Ofcom’s resource, it is certainly not the intention that Ofcom should become a sort of global policeman acting on behalf of anybody around the world who wants to make a complaint, particularly about content that is designed for global audiences.

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

  4. As I said in my earlier remarks, we feel that the hon. Lady’s amendment in particular is unnecessary. Regarding the phrase “matters to be taken into account” by Ofcom in drawing up the list, those matters that are specified in the Bill are not exclusive; there is an ability to take other matters into account. The purpose of this measure is to set out the general regard for the principles that Ofcom is required to consider, so I do not think that this amendment would add anything to the existing position. For that reason, we do not support it. I agree with the hon. Lady very much about the importance of accessibility. As she rightly said, that is something that the organisations representing disabled people have been campaigning on for a long time.

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

  5. It needs to be able to take account of the impact of systems that evolve in the future through new technology and audience trends. The Bill gives Ofcom powers to request information from providers, to provide guidance, to report, and to use existing sanctioning powers to deal with any providers that they consider are not providing appropriate audience protections.

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

  6. Clause 38 inserts new section 368OB into the Communications Act 2003, giving Ofcom a new ongoing duty to review audience protection measures on all UK-based video-on-demand services and on any non-UK services that are brought under Ofcom regulation for the first time as a result of being designated as tier 1. As we previously discussed, while linear television has a watershed that means unsuitable material should not be shown before 9pm, it is not possible to have a similar arrangement for on-demand content, so alternative protection measures are needed. Age-ratings, content warnings and parental controls in particular are necessary tools for parents and guardians; they give information to all audiences on what they are about to see. We do not want to restrict Ofcom on what it considers to be protection measures.

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

  7. I absolutely share the desire of the hon. Member for Barnsley East, and I suspect all members of the Committee, to protect children and vulnerable audiences from harmful and inappropriate video-on-demand content. As we discussed earlier, the principle underlying this part of the Bill is to bring mainstream TV-like on-demand services in scope of the new code to be drafted and enforced by Ofcom. Ofcom already has considerable experience in the regulation of broadcast TV to ensure that it is age-appropriate, and those those who may be deeply affected by what they see or hear are protected.

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

  8. Ofcom will have the power it needs to provide guidance and to report and deal with any providers that it considers are not providing appropriate audience protections. For that reason, we feel that amendment 34 would put unnecessary restrictions on Ofcom and could preclude any new form of age ratings from entering the market. I am afraid that I am therefore unable to accept the hon. Lady’s amendments.

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

  9. It goes to great lengths to ensure that its ratings reflect the current standards of what the public views as appropriate for particular age ratings. My reluctance to support the hon. Lady’s amendment in this area is not in any way a reflection on or a criticism of the BBFC. The Government take the view that we do not think it appropriate to mandate the use of BBFC ratings at this time. The important thing is that each channel should have a system of age ratings that delivers effective protection for young people. It is for Ofcom to assess whatever audience protection measures are put in place by that channel to ensure that they are effective and fit for purpose. We think that that is more effective than specifying any individual system.

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

  10. However, the Bill already fully enables Ofcom to review or provide guidance on any such measures. The Bill purposely does not give an exhaustive list of measures that Ofcom can consider. As a result, it will enable Ofcom to take into account anything it considers to be appropriate. That can certainly include signposting. The hon. Lady’s amendment 34 would impose requirements on Ofcom when it is assessing age ratings on VOD services. However, we feel that there is a danger that that might restrict innovation and impose extra requirements and costs on VOD providers that will not necessarily equate to increased protection. As I think I said on Second Reading, I am a great admirer of the work of the BBFC, with which I have worked for at least 30 years. Generally, it reaches very sensible decisions on what is deemed appropriate.

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

  11. Part of Ofcom’s overall objective, in determining whether a system of age rating is appropriate or viable, will be to make sure that it is in line with other systems, so that parents have a basic level of assurance, whatever they are watching and whatever system for determining age ratings is chosen by that provider. Amendment 30, tabled by the hon. Member for Barnsley East, seeks to add information about where viewers can seek help, if they have been affected by content, to the list in new section 3680B of examples of audience protection measures. I completely agree that it is sometimes absolutely right that audiences be given a warning if they might suddenly encounter content that they were not expecting and which could be distressing. That already takes place across the broadcasting sector, and it is appropriate.

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

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

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

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

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

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

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

  15. The requirement is no longer necessary, given the wide range of stations now available over digital. Subsection (3) gives Ofcom a new power to extend analogue licences in the event that a date is set for a digital switchover which postdates the expiry of any remaining licences. I commend the clause to the Committee.

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

  16. We now turn to part 5 and the provisions affecting radio. Clause 41 is the first of seven clauses through which the Government are updating the legislative framework for the licensing and regulation of commercial radio. The intention behind the changes is to ensure that the regulatory structure continues to support investment by broadcasters in content and the long-term sustainability of the sector. They will also strengthen the protections for local news and information which are a fundamental part of radio’s public value. To that end, clause 41 will make a number of changes to the Broadcasting Act 1990 to allow Ofcom greater flexibility when exercising its powers in relation to analogue radio licensing. Subsection (2) removes the current statutory requirement for Ofcom to provide for a diversity of analogue services.

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

  17. We now have additional means of radio reception, such as via smart speakers or online, which we will debate when we consider later clauses of the Bill. There is a wealth of ways in which listeners can access radio, but I think analogue, rather like digital terrestrial television, will be around for some considerable time. I am afraid that I cannot give the hon. Lady a date by which we think we might switch off analogue, but it is not under consideration at the moment. Actually, I do not think that radio is particularly pressing for it in the way it was some time ago, for cost reasons.

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

  18. I welcome the hon. Lady’s invitation to speak a little more broadly on radio in general. About 20 years ago, lots of people were saying that radio was in permanent decline. It was thought that the advent of things like podcasts and streaming services such as Spotify would mean that people slowly gave up listening to radio. I am delighted that that has proved to be completely wrong. Actually, radio is going from strength to strength, particularly in the commercial radio sector, at which these clauses of the Bill are primarily aimed. It is doing very well, which is extremely welcome. Similarly, about 20 years ago there was a great debate about when we should switch off analogue transmission as people moved to digital. The hon. Lady is right to say that the take-up of digital broadcasting has been considerable and continues to grow.

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

  19. Friends the Members for Warrington South and for Rutland and Melton, because I share the wish to see that take place, if possible. The means by which they choose to transmit is up to stations. However, there is currently a requirement under their licence for national commercial stations to continue to maintain an analogue service. A point may come when there is no longer any particular benefit in doing so. That will not be covered by the Bill, but I would like to put on the record that I am personally quite sympathetic to the idea that, although analogue is appropriate in many cases, we should not necessarily force it where it is no longer appropriate. Question put and agreed to . Clause 41 accordingly ordered to stand part of the Bill . Clause 42 Licensing and local services Question proposed , That the clause stand part of the Bill.

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

  20. My hon. Friend is correct that attention has mainly been focused on small-scale DAB roll-out, which provides options for communities to access more locally based stations. My view has always been that we should let a thousand flowers bloom. Therefore, in whatever format, I would be keen to encourage the licensing and starting up of new stations, if possible. I am a great supporter of community radio as well. I note that our hon. Friend the Member for Rutland and Melton (Alicia Kearns) has been active in pressing the case for a station in her constituency. She is always active on behalf of her constituents and she has been outspoken in this policy area, having already been to see me about it once. I will draw Ofcom’s attention to the remarks of my hon.

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

  21. These requirements made sense in 1990, when they helped the Radio Authority to manage the development of local FM services on limited spectrum and to seek to maximise the public value of the spectrum, but they have become obsolete given the range of stations available across the UK on digital. However, Ofcom will still be required to ensure that there is local news and information on local radio, as set out in clause 44, which I look forward to debating very shortly. In the meantime, I commend the clauses to the Committee.

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

  22. In these circumstances, the station would have to nominate a suitable, either local or small scale, multiplex service as soon as it is reasonably possible to do so and commit to taking carriage when that service launches. That will ensure that smaller stations that have been unable to take advantage of renewals will be in the same position as larger stations. Clause 43 makes a number of changes to the Broadcasting Act 1990 and the Communications Act 2003. It provides stations with increased flexibility to respond to changing listener preferences by removing the requirement for them to commit and adhere to conditions in their licences requiring them to, for instance, broadcast specific genres of content or target a particular age group.

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

  23. Clause 42 makes a number of changes to the Ofcom process for advertising local and restricted service licences and for renewing local licences. The provisions will give Ofcom a greater degree of flexibility in relation to the process for the licensing of local analogue commercial radio stations, given that the licences for nearly all such services will be eligible for renewal over the coming years. There should therefore be very few occasions when a licence needs to be advertised. Subsection (3) will allow a licence holder to renew its licence in circumstances where the station intends to broadcast on digital but is not in a position to do so because a suitable digital multiplex service is not available in its broadcast area.

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

  24. Ofcom would then need to have regard to that guidance in developing its own guidance for holders of local sound broadcast licences on how they are able to meet the new local news and information requirements as set out in the Bill.

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

  25. This could take a variety of forms—for example, Ofcom could be required to impose conditions in local radio multiplex licences that require the multiplex operator to carry at least one digital radio station that carries local news and information. Alternatively, the multiplex operator could be required to reserve capacity on the multiplex for a radio service that carries local news and information. At the moment, many existing digital radio services are simulcast versions of analogue stations that carry local news and information, so we do not consider that there is currently a need to consider in detail how the powers would be exercised. Amendment 31 seeks to add a requirement for the Government to publish statutory guidance on the interpretation of the clause, including on the meaning of “local news”.

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

  26. However, it is the case that local news and information remain of great importance to listeners, and their provision remains central to radio’s public value. Commercial radio’s local news provision plays an important role in ensuring plurality in the sector. Stations will, then, be specifically required to provide news that has been gathered within the area to which they broadcast. The provisions do not require stations to directly employ journalists to gather local news. A station could, for example, enter into a partnership with a newspaper agency or a freelance journalist who gathers news in the local area. We also taking powers to apply the requirements to DAB services if there is a future shortage of available local news.

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

  27. Perhaps I should start by outlining the purpose of clause 44, which makes changes to section 314 of the Communications Act to reflect the evolution of the market and the findings of the Government’s 2017 consultation on commercial radio deregulation. In particular, it is clear from that consultation, and the steps taken since by Ofcom to relax its definition of locally made programming, that the requirements in this area are too onerous and are constraining the industry from rationalising its production base. This is making it harder for stations to compete effectively against new online services, so the clause removes the requirement for Ofcom to secure that stations provide a certain amount of programming from a studio within their coverage area.

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

  28. That is a matter for Ofcom to determine. As I said, Ofcom will be able to ensure that a local radio multiplex, through its licence, can provide space for a local news service. For the moment, that might well be provided by the existing analogue service, but if we reached a point where none of the services wishing to go on to the multiplex provided a local news service, the operator could restrict remaining space on the multiplex, so that it is available if someone comes forward.

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

  29. The powers relate to future shortages. I suspect that we could not backdate the provisions to kick someone with a contract off a multiplex. Perhaps it would be helpful if I later provided a bit more information to the Committee on precisely how that would work. To go back to the definition of “local news” in the amendment of the hon. Member for Barnsley East, I understand that her purpose is to refine that definition and that of “locally gathered”, but I think that the amendment is unnecessary.

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

  30. We do not think it is either necessary or helpful for the Bill to require the Government to provide guidance to Ofcom on drawing up its guidance.

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

  31. We considered whether there was a case for being even more specific about how much news should be provided, or the times of day when local news should be available, but we felt that it would be most beneficial to the effective operation of the licensing system for Ofcom to continue to have responsibility for drawing up guidance on how stations should meet requirements. Ofcom will draw up guidance that will replace the existing local news guidance. That will ensure continuity, while retaining a degree of flexibility in an approach that has been taken ever since 2003. It must have regard to the new definition of local news, and the requirement for at least some of that local news to be “locally-gathered”.

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

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

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

  33. I hope to provide my hon. Friend with further detail in my response to the amendment of the hon. Member for Barnsley East. I take my hon. Friend’s point, however; people expect to hear local news, relevant to the place where they live. In some cases, the definition of local news seems to be stretched somewhat. This is not a debate about the BBC, but I am sure that it might crop up in our discussion. Local news and information are not defined in section 314 of the Communications Act 2003. They are mentioned as elements of local “material” that Ofcom is required to secure as part of the licensing of local commercial radio. Ofcom is also required to “draw up guidance as to how they consider the requirements…should be satisfied; and…have regard to that guidance in carrying out their functions”.

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

  34. I think that would simply add to the complication and confusion, and we need Ofcom to be able to apply the new provisions across a wide range of stations with flexibility. The provisions, which include a requirement for at least some local news to be gathered locally, give a degree of clarification. I hope that on that basis, that the hon. Member for Barnsley East will withdraw her amendment.

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

  35. I would love to spend time debating the importance of local newspapers with the hon. Lady; it is a point on which I completely agree. I also share her concern about the disappearance of local newspapers in so many places, but that matter of concern is slightly outside this Bill. Nevertheless, she is right that it means that the remaining sources of local news become all the more important. As she suggests, I would expect Ofcom to consult widely in local communities before it decides precisely how the guidance should work. We differ from the Opposition, however, in not thinking that it would be helpful to have two sets of guidance, one emanating from the Bill and the other from Ofcom.

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

  36. However, relying on provisions such as section 70 of the Charities Act and common law powers is not always straightforward; it requires a considerable amount of legal and policy analysis to establish whether the relevant power is available for the need identified. The purpose of the clause is therefore to make it explicit that radio stations and audio producers, whether their content is for on-demand or broadcast access, as well as those who facilitate the transmission of radio and audio content, can benefit from potential future grant schemes. I commend the clause to the Committee.

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

  37. The clause amends section 359 of the Communications Act 2003 to give the Secretary of State the power to provide financial assistance for, or in connection with, the provision of community radio, commercial radio services and audio production. It is a technical amendment. The covid-19 pandemic provided an illustration of circumstances in which the Government may need to make grants directly to radio stations, potentially on an urgent basis. In particular, during the pandemic the Government relied on the funding powers found in section 70 of the Charities Act 1993 and common law powers, in conjunction with section 86 of the Coronavirus Act 2020, to provide funding in relation to various radio services.

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

  38. The Government will shortly announce the result of the consultation on the renewal of licences for local TV. I remain supportive of local TV. We continue to discuss issues around prominence with local TV representatives. Again, I am afraid that there is no current likelihood of our being able to provide financial assistance. Question put and agreed to. Clause 45 accordingly ordered to stand part of the Bill. Clause 46 Licensing of non-UK digital sound programme services Question proposed, That the clause stand part of the Bill.

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

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

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

  40. This clause makes changes to sections 245 and 402 of the Communications Act. It enables overseas digital radio services to be provided on a local or small-scale multiplex, where their country of origin has been specified in regulations. The Secretary of State intends to specify Ireland as a qualifying country, with the effect that RTÉ—the Irish national broadcaster—and other Irish commercial and community radio station operators can apply for digital licences for their radio services, and ultimately for those services to be broadcast in the UK. This simply removes an unnecessary restriction on Ofcom’s ability to license well regulated overseas stations, in contrast to similar TV services targeted at the UK. That was raised in the Government’s 2017 consultation on radio deregulation.

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

  41. The hon. Lady is right that, at the moment, the demand is primarily from Ireland. If there were to be significant demand from other countries, this would need to be reviewed in the context of views from industry and advice from Ofcom. The regulations would then be in the form of an affirmative order, which would need to be laid before the House, but there is no current intention of doing that. Question put and agreed to. Clause 46 accordingly ordered to stand part of the Bill. Clause 47 Radio multiplex licences Question proposed, That the clause stand part of the Bill.

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

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

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

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

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

  44. In turn, that ensures they can continue to deliver the high-quality original programming that UK viewers expect. PSBs receive the benefit of prominence in recognition of the additional obligations placed on them, such as news and current affairs provision, and that has become known as the PSB compact. However, the existing regulatory framework for ensuring carriage and prominence of PSB channels, set out in the Communications Act 2003, does not extend to the PSBs’ on-demand services, nor services other than electronic programme guides that enable viewers to navigate and select TV programmes. Audiences increasingly watch TV online and, in many cases, bypass traditional distribution platforms altogether, so without the new prominence frame- work, we risk undermining the long-term sustainability of the PSB system in the UK.

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

  45. This section of the Bill on prominence is a central part of the changes the Government wish to make. Although the hon. Lady has done a good job setting out the reasons we decided it necessary to update the prominence requirements, I hope she will forgive me if I recap them since I think it is important that the Government’s position is set out in some detail. As the hon. Lady described, the objective of the UK system of public service broadcasting is to ensure that public service content is readily available to as wide an audience as possible and is easy to find. PSB prominence plays a crucial role in delivering that. In doing so, it boosts viewership and engagement, which are important to sustain advertising revenue and brand value for PSBs.

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

  46. That includes the requirement to carry and give regional prominence to designated S4C services in Wales and STV services in relevant parts of Scotland.

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

  47. It is the Government’s view that there is already provision in the Bill for Ofcom to consider the BBC’s comparable duties and corresponding policies under its framework agreement in its guidance on the agreement objectives. It is for that reason that I am unable to accept the amendment of the hon. Member for Barnsley East. Overall, we think the principles-based approach that we are taking, with Ofcom playing a vital role, is the correct one. It will give Ofcom the tools it needs to ensure that the regime is functioning effectively without being too inflexible or overly prescriptive. Once designated services are available on the platform in question, new sections 362A0 to 362AR introduce specific duties on providers of RTSSs, including the requirement to carry and display designated IPSs with an appropriate degree of prominence.

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

  48. Lady that proposed new section 362AL(2) already provides for such considerations by Ofcom by referring to “any duty of the BBC under the BBC Charter and Agreement that is comparable to the duty of providers of designated internet programme services other than the BBC”. This may be a good opportunity to expand on another point. By convention, the BBC is not regulated in statute. It is the Government’s intention for the new prominence framework to apply to the BBC through the framework agreement. We plan to work at pace with the BBC to make corresponding changes to the its framework agreement to ensure that the relevant parts of the prominence regime apply to the BBC, while also acknowledging how it legally functions.

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

  49. Member for Barnsley East in her amendment 29. Proposed new section 362AL requires Ofcom to “prepare…guidance about how providers of designated internet programme services and providers of regulated television selection services may act consistently with the agreement objectives” when negotiating on the carriage and prominence of designated services and after an agreement has been reached. The Government absolutely recognise that Ofcom’s guidance should take into account the BBC’s equivalent duties under the framework agreement, as also reflected in its relevant strategies and policies under the agreement, including clause 62. However, I can tell the hon.

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

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

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