My Lords, it is a great pleasure to move the Second Reading of this Bill. I do so at a time when the UK’s media landscape faces enormous technological change, but in the face of which I am proud to say it is thriving. British-made programmes are watched and enjoyed by audiences at home and across the globe. Our public service broadcasters not only produce fantastic shows which keep audiences glued to their screens but inform and educate them, and project British values and the best of British creativity around the world.
Similarly, our radio environment is exceptionally rich and diverse—there is a radio station for everyone. UK radio stations provide an incredible service, again not just entertaining their listeners but disseminating local news and information throughout the country. That is something that we want to value and protect.
We should also celebrate the thousands of excellent and exciting job opportunities that the sector creates across the United Kingdom, and the billions of pounds that it adds to the economy. This is a pro-growth Bill. It will not only enable people to continue to watch and listen to the content that they love but help to grow our world-leading creative industries and maintain their status as world leaders.
It has been more than 20 years since the last major piece of broadcasting legislation reached the statute book. The world has changed significantly since then, as have the ways in which we consume media. The growth of the streaming giants, smart televisions and online radio has completely changed consumers’ demand and expectations. Our world-renowned media industry has embraced the challenge, adapting rapidly not just to survive but to thrive.
His Majesty’s Government have heard the passionate support for the Bill from the industry and from Members of both Houses of Parliament. I am delighted that it is now before your Lordships’ House, and I look forward to working with noble Lords from across the House to ensure that it delivers for our brilliant media sector and for viewers and listeners.
The Government are grateful to the Culture, Media and Sport Select Committee in another place for its thorough examination of the Bill during pre-legislative scrutiny last year. We were pleased to accept the majority of the recommendations set out in the committee’s two reports; there is no doubt that those have improved the Bill before us. I also thank the Communications and Digital Committee of your Lordships’ House—under the expert chairmanship of my noble friend Lady Stowell of Beeston and, before her, of my noble friend Lord Gilbert of Panteg—for the work that it has carried out on the many areas relating to the Bill. Its reports on public service broadcasting and on the future of journalism and, most recently, its inquiry into the future of news have helped to shape the Bill and the Government’s wider work in this area.
My Lords, I will start with a reference to the amendment to the Motion laid by the noble Lord, Lord Forsyth. I fully understand the noble Lord’s frustrations. Concerns and questions over this issue have been raised multiple times in both Houses. I have asked previously whether the Government have any plans to review rules on media ownership and to date have received no answer. We recognise the Government’s response that they are awaiting the conclusion of investigations by the CMA and Ofcom. However, I wonder whether the Minister can offer an opportunity, perhaps outside of this debate, for noble Lords to raise issues and hear from the Minister or Secretary of State on this. That said, we have waited 20 years for the Media Bill in front of us. I will focus my remarks on the substance of the Bill which has finally reached us, but I look forward to hearing from the noble Lord, Lord Forsyth, later in the debate.
The Minister has fairly set out the rationale behind the Government’s Media Bill but, of course, he has not given us the full story behind its arrival here in the Lords. We were promised this particular piece of legislation a long time ago. Finally, two years ago in the 2022 Queen’s Speech, details were provided of a media Bill, although this turned out to be a draft Bill published in March 2023. Some commentators have said that this has been in the offing for nearly 10 years. I do not intend to try to embarrass the Minister; the delay is embarrassment enough.
We would certainly have had a Bill earlier in this Parliament if it had not been the subject of internal wrangling about the future of Channel 4. However, we are pleased that the Government saw sense and dropped their desire—or the desire of the former Secretary of State—to privatise it. I suspect that if they had pursued that course, they would have upset the whole public sector broadcaster eco-structure. I suspect that it would have also made the Minister’s job today a whole lot harder.
My Lords, the Media Bill is good, but it can be better. That is what I trust we will achieve during its passage here.
We are so fortunate with our PSBs, which form a miraculous ecosystem that lies at the heart of our nation, our common understanding, our daily lives and our conversations. It is not only our unique selling point but the birthplace and cauldron that nurtures the extraordinary talents that we boast in this country. It is no mystery why the streamers have streamed here: tax breaks and talent. Paramount, among others, has spoken out about the importance of PSBs to inward investment. It says: “We have a special place in the UK market as a huge investor each year across film, pay TV, PSB, Channel 5 and streaming. We have always been very clear that PSBs are the cornerstone of the UK content sector and that is what makes it so attractive for inward investment”.
Budgets are being squeezed, and our PSBs are up against a proliferation of streamers with global competitors worldwide with very deep pockets; so, as we welcome the brilliant and differing content and jobs and inward investment that the streamers make, we need to ensure that the pure size and commercial power that the streamers have cannot simply ace them out. British dramas are great exports but are also important to our nation, as we recently saw with “Mr Bates”, but they are so much more. We want to make sure that we can keep making brilliant programmes like that, “Happy Valley” and “Line of Duty”, and that audiences can find them easily and significantly.
The elements of betterment to the Bill are no mystery: prominence, listed events, live coverage clips, fair coverage, Channel 4’s change to remit, genres, smart speakers, unfettered access, content classification, Section 40, video on demand, local radio and local content and accessibility, among others. We and others across this House will undoubtedly lay amendments to test these and many more.
At end insert “but this House regrets that the Bill does not make provision concerning the ownership and control by foreign governments of newspapers in the United Kingdom”.
My Lords, this is the Media Bill; it is 176 pages of very good stuff, as the Minister, my noble friend Lord Parkinson, said. It is a pleasure to follow the noble Baroness, Lady Featherstone, on this occasion, when I can agree with almost everything she says. It is 176 pages, but it does not address the elephant in the room, which is not foreign ownership of newspapers and media outlets. The elephant in the room is foreign Governments being able to own media outlets, including newspapers.
My noble friend, very helpfully, said he would make a few remarks on the amendment, and said it is outwith the scope of the Bill. How can it be outwith the scope of the Bill? Surely, it is an absolute principle that foreign Governments should not be able to own newspapers. In his opening remarks, my noble friend said that there are various procedures whereby the Secretary of State can assess national security or other matters. Surely, the most important matter that concerns us is the freedom and integrity of our press, the jewel in our nation’s crown, which we have always revered.
I owe the House an apology. I feel like something of a hypocrite, because I do not like tabling regret amendments at Second Readings of Bills. I have done so only because I could find no other way of drawing the seriousness of this matter to the House’s and the Government’s attention. I am most grateful for the comments from the Labour Front Bench: that across and in every corner of this House, noble Lords are concerned at the idea that the Daily Telegraph could fall into the ownership of a foreign Government. Yet the Government are doing nothing about it in the Bill, which I believe they could.
Without wishing to upset my colleagues who are responsible for our diplomacy, I can think of few other countries less suitable—totally unsuitable—to own a newspaper than the UAE. I know that my former colleague George Osborne and others have been very active, arguing that it is not the Sheikh or a foreign Government, because they have set up a structure to own it. We have a saying in Scotland: “He who pays the piper calls the tune”. In this case, the amount being paid is very considerable. It is a while since I did valuations of companies, but I would struggle to get beyond £400 million for the Daily Telegraph and the Spectator, and very considerably more than that is being paid. That does not strike me as an investment opportunity; it strikes me as an influence opportunity, and that is what I believe is behind the acquisition, and why a substantial premium is being offered.
My Lords, it is a great privilege to speak after the noble Lord, Lord Forsyth. I declare my interest as a director of a film and TV production company that works regularly with studio streamers and broadcasters, including the PSBs.
I welcome the Bill and, like others, wish it had been with us a little earlier. The focus of my remarks will be to question whether the Bill has kept up with changes in the media landscape. First, however, I add my support to recommendations made by the pre-legislative committee in the other place. At Second Reading, Dame Caroline Dinenage, the chair of the committee, said that the removal of the genre list
“was something that the PSBs themselves did not want to linger on in their evidence to us”.—[Official Report, Commons, 21/11/23; col. 248.]
The fact that they did not wish to linger on it should make us nervous. Their silence is evidence that a narrowing of the list will likely result in a downgrading of religious, arts, science and children’s programming, among others. It is true that the PSBs can take a somewhat creative view of what constitutes such programming; I once directed a film about sex workers in New York for the religious strand of Channel 4 television, so, clearly, the genres cannot be claimed to be too restrictive. However, the fact that this broad remit exists and is engraved in legislation is at the heart of what is most unique about our public broadcasting ecology.
I know that the Minister has a deep concern about the arts and hope that the House already has his ear on that issue, but when he responds, can he explain both the rationale for narrowing the genres and where the Government imagine broadcasters will find room for religious or children’s programming? If we downgrade the breadth of what PSB means, in effect, we downgrade much of what the Bill seeks to protect. These categories are central to our collective understanding of how we see ourselves and our world.
My Lords, I draw your Lordships’ attention to my register of interests, particularly my work with broadcasters.
It is always a privilege and a pleasure to follow the noble Baroness, Lady Kidron. When she was speaking about the need for labelling in terms of AI and future-proofing, it struck me that instead we seem to spend an inordinate amount of time looking at classics, reclassifying them and putting out warnings on them— I think “Mary Poppins” is the latest.
I thank the Minister for his introduction of this important Bill; I say from the outset that I fully understand and welcome the need for updating the legislative basis for broadcasting in the UK. I also associate myself with the comments of the noble Lord, Lord Forsyth, on foreign government interference—it is important that we describe it as that—in our media and the importance of a free press here in the United Kingdom.
I will speak principally about one area, which the noble Baroness, Lady Kidron, has already referenced: the public service broadcasting commitment for traditional broadcast television—linear television. As the House of Lords Communications and Digital Committee report said in March 2019, public service broadcasting is as vital as ever, and indeed, recognition was made of the need to keep PSB prominence on both linear and on-demand services. That is the area where I have concern.
The House of Commons Culture, Media and Sport Committee in its pre-legislative scrutiny of the draft Bill suggested a number of changes, including retaining the PSBs’ obligation to provide specific genres of content. It noted that as currently drafted, the genres of religion, international matters and science were removed, while retaining news and current affairs. That leads to fears, which I share, that that could mean a decrease in the provision of less commercially successful content. Given the Bill’s desire to give PSBs greater flexibility in how they deliver their remit, I do have concerns about its likely impact, particularly on religious, cultural and ethical programming.
My Lords, it is a great pleasure to follow the noble Baroness, Lady Foster. I will come to my noble friend Lord Forsyth’s amendment and the important issue it raises in a moment. First, I congratulate my noble friend the Minister on his efficient opening speech. I welcome this long-awaited Media Bill. The Communications and Digital Committee that I have the privilege of chairing has been calling for many of its measures for several years.
The Bill is in good shape, and I would not advocate for any substantial amendments. However, there are still questions about the consequences of its changes and how well the public service broadcasters are currently responding to their strategic challenges. As my noble friend the Minister said, my committee’s current inquiry is about the future of news and how the news industry is responding to strategic challenges, such as falling audience trust, impartiality in a world of evolving social divides and the impacts of tech platforms on news media business models. These are big challenges which are unlikely to solve themselves. I am sure that many of the points that are made today will also come up in our session with the public service broadcasters next week.
PSBs must serve all audiences across the United Kingdom with high-quality programming. The changes to the public service remit for TV are understandable and I hope they will provide the direction and flexibility to deliver the remit more efficiently. But such changes must not become an excuse for cutting back content that is more difficult to produce or addresses an area of market failure—the noble Baroness, Lady Foster, gave a powerful illustration of some of those genres. As our inquiry on the future of the BBC emphasised, PSBs fulfil a vital function in providing valuable content that would otherwise disappear, particularly as they face growing competition from international streaming giants. Although I am content with the changes, for Ofcom to be effective in ensuring the public interest is best served through them, the broadcasters must provide clarity on how they will interpret their responsibilities, including what they will not do, as well as what they must.
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The Bill has also benefited from extensive engagement with industry and with Members of both Houses. We have heard from public service broadcasters, commercial broadcasters, the radio and news media, radio and television selection services, on-demand streaming platforms and Ofcom throughout the drafting of the Bill, in its pre-legislative scrutiny and during its passage through another place. Together, that has helped to produce a Bill that incorporates their views and addresses their challenges, and one which we hope will work for everyone. We are very grateful for the time and effort that everyone has gone to while working with us on the Bill.
I thank Ofcom for the work that it has undertaken to get the Bill to this stage. Its research in this area and its close work in supporting the drafting of the Bill have been invaluable. It has already made clear its plans for implementation in the materials that it published earlier this week. The Government look forward to continuing to work with Ofcom on the remaining stages of the Bill and on the implementation of its provisions.
I turn to what the legislation does. The Bill supports our public service broadcasters to ensure that they are able to provide high-quality content to United Kingdom audiences for years to come. As it stands, our public service broadcasters are governed by laws written more than two decades ago. Part 1 of the Bill seeks to modernise the framework for public service television. This will ensure that our public service broadcasters are encouraged to focus on what makes them distinctive, while having the flexibility to serve audiences across the UK with high-quality programmes on a wider range of services.
Many noble Lords, like countless people beyond your Lordships’ House, are passionate sports fans. We want to make sure that fans are able to continue to watch the biggest sporting events that this country has to offer. That is why we are modernising the listed events regime to protect viewers’ access to the major sporting events that define our nation. We are extending the protections that the regime offers for live listed events coverage in line with where audiences choose to watch it. TV-like services providing live content to audiences in the UK via the internet will now need to comply with our rules. We are also making qualification a public service broadcaster benefit, recognising the role that these broadcasters play in delivering national sporting moments, and providing certainty in the future.
Part 2 of the Bill deals with prominence. We know that audiences value public service content. We want to make sure that it is always available and easily accessible for them. As is the case in linear broadcasting, the Bill ensures that public service content is made available and easy to find on modern platforms such as smart televisions, set-top boxes and streaming sticks. Not only will that improve the audience experience but it is a vital reform for the sustainability of our public service broadcasters.
Part 3 contains measures specifically designed to support the sustainability of Channel 4. The Government are clear in our intent to support Channel 4 in continuing to make ground-breaking, unique and distinctively British content for years to come. Some of the means to do that can be found in the Bill, such as the measures to strengthen the broadcaster’s governance arrangements and allowing it to make more of its own programmes. Others can be found in the memorandum of understanding undertaken between the Government and Channel 4 when the Bill was introduced in another place on 8 November last year.
The Government have also worked closely with Sianel Pedwar Cymru—S4C—to make sure that it has the tools it needs to continue to provide Welsh language content. I am pleased to say that the Bill will implement in statute recommendations from Euryn Ogwen Williams’s 2018 independent review into the future of the broadcaster. This includes allowing S4C to broaden its reach and offer its contents on new platforms across the United Kingdom and beyond, and updating its public service remit to include digital and online services. S4C will be able more easily to adapt to market change, maximising the benefits to its audiences, and to continue to deliver high-quality content.
The ways in which we watch television have changed a great deal in recent decades. Watching several episodes of “Coronation Street” back to back was once possible only during an omnibus on Sunday afternoons; now people can do it with a few clicks on ITVX, any day of the week and any time they choose. The growth of video on demand services has been extraordinary, but we know that audiences would like to see these services held to the same standards that are required of normal television services. That is why we are introducing a new video on demand code, drafted by Ofcom, by which the streaming giants will be required to abide. Noble Lords will, I know, be pleased to hear that this code will better protect children and uphold the standards that we see on our linear services. In addition, Ofcom will have a new duty to review and ensure that all on-demand services’ audience protection measures are effective and fit for purpose. We are also making sure that streamers provide greater access to their programmes by increasing the amount of subtitled, audio-described and signed content available on their services.
Turning to the radio industry, I am sure that noble Lords will welcome the provisions for radio in Part 5 of the Bill. These seek to boost the growth of our fantastic radio industry by reducing regulatory burdens and costs on commercial radio stations, and supporting investment by broadcasters in content and the long-term sustainability of the sector, while also strengthening protections for the provision of local news and information. As with television, we have seen a shift in how people enjoy the radio. While traditional broadcast methods remain popular, recent years have seen rapid growth in listening via devices such as smart speakers, too. The Government want to encourage innovation in the growth of new technology, but we also recognise the need for protections for radio and the huge public value that it provides, as noble Lords have often raised in our exchanges in this House. Again, we are grateful to the radio industry and to technology companies for their engagement on these measures.
Finally, in Part 7, and fulfilling a manifesto commitment, the Bill will remove a threat to the freedom of the press by repealing Section 40 of the Crime and Courts Act 2013. That section has not been commenced; if it were, it could force publishers to pay the legal costs of people who sue them, even if they win. Members of your Lordships’ House, along with Members of another place, have taken a strong interest in the practices and culture of our free press over recent years. There now exists a strengthened, independent self-regulatory system for the press. But, as the manifesto on which the Government were elected makes clear, we will make sure that the heavy-handed measures of Section 40 are not able to stifle the independence or threaten the sustainability of the British press.
I am mindful that my noble friend Lord Forsyth of Drumlean has tabled a regret amendment to the Second Reading. I will listen to his reasons for doing so when he rises shortly. Let me pre-empt his comments, if I may, by assuring him that the Government take this issue seriously.
Under the Enterprise Act 2002, the Secretary of State has powers to intervene in media mergers on certain public interest grounds, including where there are concerns about media freedom and freedom of expression. The Government also already have tough powers, including through the National Security and Investment Act 2021, to address foreign interference and to scrutinise—and, if necessary, intervene in— acquisitions on grounds of national security. The Bill before us has only one clause pertaining to the press: the repeal of Section 40, which I have just mentioned. It is concerned with the removal of burdensome obligations on news media outlets and not press ownership, which is beyond the scope of the Bill. As my noble friend will be aware, there are ongoing discussions and amendments to the Digital Markets, Competition and Consumers Bill on this issue.
I am grateful to noble Lords for their involvement in and support for the Bill as it has made its way to your Lordships’ House. I look forward to the debates ahead and the scrutiny that we will give it, and I beg to move.
It was way back in 2003 under the previous Labour Government when the legislative framework for public service broadcasting was renewed. So much has changed, as the Minister said, since the Communications Act 2003. As the Government have rightly asserted, much has changed in the media landscape. We now have on-screen entertainment divided into linear broadcasting and on-demand streaming services. Broadcast radio has also changed, with the public being able to choose how they access on-air services. The Government have argued that these changes make it essential that public service broadcasting, on-demand programme services and commercial radio have a new regulatory framework. We agree wholeheartedly with that. For that reason, we support the Bill.
The Bill is important, as the Minister has said, because it brings media legislation into the digital age. Although the Bill lacks a commanding overall vision for broadcasting in the UK, the PSBs believe—and we think they are right—that it is in good shape as currently drafted and it will enable that sector to thrive and develop, not just here but will enable us to compete internationally, where our public service broadcasters are much admired.
The PSBs and other stakeholders are all rightly keen that the Bill passes into law as quickly as possible, so that they can have the long-awaited certainty they need for programming, commercial and long-term planning. However, that should not detract from our duty as legislators to ask questions of the Government and, where appropriate, to seek to amend the Bill. However, I assure the House and those listening eagerly to the debate that we support the Bill and will be looking to work on a cross-party basis to get it on to the statute book as quickly as possible.
We are also conscious that with advertising revenue shrinking in a highly competitive market, the commercial PSBs will not welcome any additional undue cost burdens being placed upon them. Several, including Channel 4 and ITV, have indicated that to remain sustainable as businesses, they will have to reshape their business model.
There are a number of key issues the House will want to scrutinise carefully, including prominence for our PSB services and ensuring that audiences are protected and have access to varied and high-quality content. We will want to ensure that Ofcom is empowered to achieve what is being asked of it as a robust regulator and, of course, that the legislation is future-proof.
We are pleased to see the case for prominence being updated has been recognised by the Government. Clause 28 is hugely important to the PSBs, extending it to cover services not currently included, such as interfaces on smart TVs, set-top boxes and streaming sticks. Given that Ofcom recommended this back in 2019, it is long overdue. This should make PSB content prominent on both linear and on-demand services and make public service content available and easy to find across the full range of television platforms.
We are aware that, in another place, some Members—notably, the chair of the DCMS Select Committee, Caroline Dinenage—made the case for a different wording for “prominence”. They argued that, instead of “appropriate” prominence, it should be “significant”. I am sure that the House will want to probe to ensure that the word “appropriate” is flexible and robust enough to do the job for the PSBs. It might be useful if the Minister could fill out in a little more detail the thinking behind the language used. I am not sure that Sir John Whittingdale’s clarification in the Commons quite did the job.
On assuring quality content for our audiences, we welcome the simpler, streamlined public service remit and believe that the Bill will enable a broader reach of audiences across a wider range of platforms. We will have questions to probe the genres included, or not included, in the remit, ensuring that the right safeguards are in place. We will also want to consider the details of Part 4 on video on demand regulation for both the industry and the audiences who access the services, including the tier model and age ratings.
On future-proofing, we welcome the listed events reforms, which will strengthen the role of public service media within the regime. However, this is one of the key areas where future-proofing the legislation comes into play, on the issue of digital rights for listed events in particular. Attention to digital rights will be necessary to enable UK audiences to come together for our biggest sporting events, whether this is online or through traditional linear broadcast outlets. Future-proofing will also be a key issue when we consider radio provisions in the Bill, including access to on-demand content and access through services other than smart speakers—particularly in cars, where car manufacturers can effectively become the default gatekeepers of radio access.
This Bill was much delayed in the 20 years since the Communications Act 2003. More generally, given the pace of change in the media world, can the Minister say today that the legislation is sufficiently flexible to match the changes and challenges that we can immediately foresee? Perhaps the Minister can assure noble Lords that the Secretary of State will keep under regular review the platforms through which PSB content can be viewed? This will surely be essential, given how technological developments are likely to work alongside shifting markets and audience expectations.
As I made plain at the outset, we are pleased that Channel 4 privatisation has been dropped. The Government have made two changes that materially affect Channel 4. The first is to place a sustainability duty on the company, and the second is the removal of the existing publisher-broadcaster restriction. The first change, relating to the duty, is, I hope, limited to ensuring the channel’s financial security and stability. Perhaps the Minister can say something about that when he comes to wind up. The lifting of the restriction on Channel 4’s ability to create content directly is clearly significant. I noted, as I am sure other noble Lords will have done, the careful response adopted by Channel 4 to this new freedom. The channel, having rightly made the argument about privatisation upsetting the broadcasting eco-structure, will not want to disrupt that same eco-structure through rapid expansion of in-house production, having carefully built up its commissioning role over the past 40 years.
With others, we are considering carefully what might need amending in the Bill. As well as the areas that I have referenced, there a few amendments that we feel are important in addressing possible gaps to the legislation. One that seems particularly important, given concerns about the viewing habits of children and young people, was that relating to a review looking at ensuring that they have access to public service content. With the dominance of smartphones and social media among young people as a means of viewing TV content, this would seem vitally important. We also support having a review within six months of the Bill passing into legislation on whether a Gaelic language service should be given a public service broadcast remit.
I finally come to the Government’s decision to bring forward the repeal of Section 40 of the Crime and Courts Act 2013, relating to the Leveson provisions. In my opinion, it sits rather oddly in a Bill about broadcast media. But we are aware that this measure has manifesto cover from 2019 and we have not sought to remove it. From conversations with key stakeholders and noble Lords, it seems fair to say that the debate in this House will not focus solely on the question of repeal but will instead look at a range of possible amendments. In the Commons, Labour supported an amendment laid by George Eustice MP that would retain an incentive for newspapers to sign up to an approved regulator. This will, I am sure, be part of our conversations going forward. Ensuring access to justice and a free and important press is very much a live and current issue, and I look forward to hearing from noble Lords across the House today on that point.
In conclusion, this Bill is much needed and long overdue. The PSBs need it, the media world needs it, and it is welcome. Our approach will be to carefully listen to the arguments over points of contention. We have no intention of disrupting the architecture of the Bill or its main provisions. If we have an argument with the Government, it is simply this: instead of spending the last four years running down the excellence of our PSBs, they could have better spent that time promoting their strengths internationally and celebrating their role in helping make the UK the arts and culture superpower that we truly should become.
The modernised mission statement for our PSBs replaces the original 14 objectives with four generalised requirements. We are concerned that removing Ofcom’s responsibility to monitor the delivery of content in specific areas of public benefit may see these less commercially viable, but vitally important, areas decline. The current Bill is framed in consumerist, rather than societal, terms. “Inform, educate and entertain” is a long-standing, overarching aim for our PSBs. Ofcom will have a statutory duty to measure delivery of this content if it is in the Bill, not in quantitative terms but overall.
I turn to prominence. How that word has gained prominence in my life in recent days—in fact, I would say it had gained “significant” prominence, not simply “appropriate” prominence. I literally do not understand what the Government have against “significant” rather than “appropriate”. If the PSBs are not there, right at the front of the queue for viewers’ attention, they simply will not get it. So I very much hope that the Government may move on that in due course. “Significant” will give more power and impetus to Ofcom to ensure that UK viewers and listeners can continue to access high-quality programming and journalism from our PSBs in an ever more cluttered media offering. I also could not help but notice that Amazon, in its evidence, prefers “appropriate” to “significant”—which makes me think that “significant” is definitely what we need.
By the mid-2030s, 80% of Brits will get stuff online, and we are concerned that big shopfronts such as Amazon and Google will sell that visibility—will sell their shopfronts and prominence. The Bill has to intervene in that market, because it is clear that these gigantic superpowers may obliterate all before them if left free to roam. While I love Amazon and Netflix—actually, I love all of them; I have far too many subscriptions for the time available to use them—I also love and value our ecosystem of creativity.
Amazon MGM, for example, which is the production and distribution arm, says that it has supported more than 16,000 full-time permanent jobs in 2022 and is creating new facilities at Shepperton. That is all brilliant, its investment goes right across the nations and it is working with film schools; but if we are not careful and we do not protect our PSBs, the cauldron of talent that is nurtured and grown by the BBC and others will be eaten up and will one day disappear. The very golden egg of whatever is in the water that grows our very British talent—I am sorry for those mixed metaphors —will have disappeared.
We are very happy that the Government cancelled their decision to privatise Channel 4, but we are concerned about what the change to empowering it to make its own programmes may do to the diversity and sustainability of the UK’s world-leading independent production sector and the employment and creativity it generates in the nations and regions. To date, Channel 4 says that that will not happen for at least five years, but as a publisher-broadcaster it does not produce its own programmes but commissions them instead every year from more than 300 independent production companies across the UK. Although it has come to rely on a few of the bigger ones it has created, for that investment in start- ups, it is very good that it does not have a list of preferred or approved production companies. That must not be put in jeopardy. It is the cauldron of our creators, and its future is vital in the role it plays in enabling small, new, inventive, adventurous programming. I think Margaret Thatcher had something to do with that.
The Bill makes it clear that listed event primary beneficiaries are terrestrial, and the existing regime makes it harder to hide behind a paywall. The Bill says the same should apply to streamers, but we need to extend that regime further in terms of digital rights, to clips and catch-up. People are increasingly accessing through digital and watch more and more after an event, using clips and catch-up, so these must not be hidden behind a paywall.
Undoubtedly, we will have to address the removal of Section 40, and on this we will find disagreement across the House. For these Benches, it is a bulwark against the overweening power of the press, let alone the inaccuracy and bias that already populates its titles. That power cannot remain untrammelled.
On radio, we need to ensure fairness in the choice of station, not unfair direction by owners of the appliance. There should be no charging of radio stations licensed by Ofcom, and we need to protect against overlaid unauthorised advertising. It is important that we have our own choice of what to listen to, be that national or local, entertainment, news, or other information. As this era of shifting and changing listening and viewing habits marches on, much of it online, we need to safe- guard the irreplaceable part radio plays in our lives. As smart speakers become more and more dominant, we need to ensure that such safeguards are in place.
On the nations and regions, local content is so important. We must ensure that appropriate and relevant material, not just local news, can reach local areas. We need diverse voices, and Welsh language and Gaelic broadcasting.
On inclusion, we need to be aware that millions still rely on free-to-air, but it is guaranteed only up to 2034. No long-term protections are in place and loss of these services would hit the most vulnerable, who are already disadvantaged by digital exclusion in so many ways. TV is a mainstay of the old, those without family and those who are lonely, as well as lower-income households, people living with disabilities and those in rural areas. Clear safeguards in law are needed.
Before I finish, I will say a little about Ofcom. It is growing and growing like Topsy, so I trust it will have the wherewithal not only to manage but excel at its task, employing the best for what will be a heavy responsibility going forward. Moreover, it is vital that dispute resolution is clear and attainable in the Bill. Ofcom needs to be empowered and powerful, and any issues need to be dealt with swiftly and strongly. To date, this has not been a noticeable feature of Ofcom, but it needs to be as it gets more and more responsibility.
We have something very special in this country. It is always difficult to put it into words, but it is part of our national identity; our cohesion; our unique selling point. We need this Bill to guard against any loss of that identity, or any damage to the creative furnace that is so important to our nation’s future. I and my colleagues look forward to working on the Bill and making it better than ever.
Do the Government really believe that this can be right for a Government of a country like the UAE, which has a dreadful record on censorship and editorial influence, and which is noted for its threats to free expression and accurate presentation of news? It is a country that locks journalists up because they say things with which the Government disagree, and a country which—I believe—is listed as 145 out of 180 countries on the freedom index. Is it really going to be our Government’s role and our role as a nation to achieve the distinction of being the first country in the world— I believe—to allow a quality newspaper with a large readership to be owned by a foreign Government?
I hear what my noble friend says about the scope of the Bill. I confess that another reason why I have moved this amendment is that I am having an interesting dialogue with the Public Bill Office as to whether an amendment can be made which is within the scope of the Bill. As my noble friend pointed out, I have never seen a Bill with a Long Title like it—it is like a shopping list. Included on that shopping list is the repeal of Section 40 of the Crime and Courts Act. I am not sure whether I voted for that; I suspect I did, because, as noble Lords know, I am a very loyal supporter of the Government. I am sure I voted for it, and I am sure it was explained to me that it was essential to have some independent ability to look at the conduct of our newspapers. I seem to recall that there was a bit of a row, and the newspapers—and others—argued that it was essential that we should not have newspapers or other publications in our country subject to government control. I am at a loss to understand why, if the Bill provides for removing that, it is impossible as a consequence to discuss the impact of allowing a foreign Government to have ownership of a newspaper when those controls have been removed because the Bill provides for the abolition of Section 40. I am not a clerk; I am not even a lawyer. However, it seems to me to be completely illogical, and I cannot understand why the Government are going along with this view. The Government’s duty is to maintain a free press in our country and to make sure that our press is not subject to undue influence, which I presume is why this provision is in the Bill in the first place. Taking it away removes any possibility of independent regulation— I support that, even if I voted for it before out of loyalty to the Government. Allowing foreign Governments to have ownership without that protection seems to be very difficult to justify.
A free press is a central part of a free country. If we allow the UAE today, why not other states tomorrow? Why not North Korea? My noble friend might say that the Secretary of State will look at that, but there is a principle here. It is a principle which ought to be clearly in the Bill. I do not want to take advantage of the fact that I am moving an amendment to the Bill to exceed the speaking time, so I beg to move.
Similarly, I fully support the committee in wishing prominence to be “significant” rather than “appropriate”. Ministers in the other place argued that it may not always be appropriate to make something prominent, let alone significant. Even if you can work out what that means and it is occasionally the case, it can be dealt with by the overarching duty in the Regulators’ Code for Ofcom to be proportionate. Meanwhile, the cost of not requiring significant prominence may, over time, render the prominence measure entirely ineffective. Let us imagine, in the near future, that broadcast is consumed using connected eyewear allowing us to walk into immersive environments or that each of us has an AI-derived personal programme; “significant” would drive innovative solutions as technology changes, while “appropriate” serves up an unimaginative status quo.
The same future-proof reasoning should mean that both digital on-demand services and app stores are in scope of the legislation. If, as is often the case, an app store is the gatekeeper or first port of call for content, but its terms require a 20% or 30% cut in revenue, the Bill, in effect, gives poor digital real estate to the PSBs and leaves the most lucrative sites profiteering from their content or carrying none at all.
That leads me to my final point: simply, that I am not sure that the Bill represents a vision of media fit for our age. We are about to suffer a tsunami of synthetic material in which the guesstimate of large language models provides a further fragmentation of any consensus about the truth—witness last week’s pause on Google’s Gemini image generator after it created German soldiers from World War II incorrectly featuring a black man and an Asian woman. Those of us in this Chamber know how preposterous that is, but that is simply not the case across all UK demographics or user groups. Similarly, damaging disinformation from all quarters about the war in Gaza is circulating in our schools, and the false citations and assertions swamping our academic community undermine the very rigour on which it stakes its reputation.
In this picture, we know that the consumption of news and PSB content is falling rapidly, particularly among children. Yet the Bill does not even begin to tackle the provenance or labelling of media content, does not set out expectations about misinformation or disinformation, and does not contain a must-carry component for YouTube, app stores, Facebook or Instagram. While those things appear to be out of scope of the Bill, as a veteran of the then Online Safety Bill, the digital markets Bill and the data Bill—and because Ministers have already promised that there will be no AI Bill—I ask the Minister to tell the House where they sit.
Finally, I understand that the BBC is not held in the same high regard by all in government as it is by the public. But in a world in which media is so fractured and toxic, the Bill could have usefully reimagined the role of our national broadcaster as a scaled-up alternative to the platforms. Imagine the UK offering a PSB to educate, entertain and inform across a broad range of genres—news, entertainment, education and digital services—from a genuinely trusted media voice. It would be a real alternative to those chasing advertising revenue to the detriment of the quality, social cohesion and security of our ever more fractured world, in which the audience is seen principally as a user/consumer rather than as a citizen. This is an investment that should have been made a decade ago but even now the BBC remains one of the few public assets that could be a global phenomenon. It could be world beating.
Neither culture nor politics is a zero-sum game. It does not follow that if social media or streamers have content, we need none of it in our collective hands; nor does it follow that, because this generation of the young has been hijacked by the persuasive design strategies of an advertising business model, that should form our blueprint for the next generation. The PSB system offers the opportunity of a contemporary and collective vision of what binds us. This is a crucial time in which money rules, politics is discredited, nations states are weakened, and the international community is divided by layers of self-interest and proxy wars. It is a time in which something that can be shared may also, at its finest, allow us to discern a collective path to a very much brighter future.
We all want British broadcasters to compete more effectively with their international digital competitors. However, there are major public service concerns, which are shared not only by those who value public service programming but by those who are digitally deprived and wish it to be accessible to the widest possible audience.
At present, the Bill enables broadcasters to move much of their religious and ethical programming, such as it is—we have already heard a very good example of that—to digital only, where it will be inaccessible to a significant section of the population. In the case of the BBC, some licence fee payers will be paying for programmes that they cannot view. That is an important thing that we need to take cognisance of.
In the present climate of severely reduced broadcasting budgets, such a move will mean that programmes will be less widely viewed and fewer will be made. If we believe that it is vital for a healthy democracy that we have a shared knowledge and understanding of the beliefs of different faiths, and of the particular role of Christianity in our history and culture, that is a retrograde step. We should not abandon terrestrial broadcasting too quickly. For example, if the recent ITV drama series on the Post Office scandal had been available only on digital, it would not have had anything like the impact that it has had. Everyone benefits from shared broadcasting experiences, whether we are old or young, rich or poor, of differing faiths or none. Television will always deliver fantasy, entertainment and crime, but there needs to be a space for deeper things.
Frankly, there is evidence that those people who commission TV shows continually underestimate the appetite of the general public to explore spiritual and ethical issues. That ignorance of other faiths and of the importance that faith plays in the lives of so many of us is dangerous for society. There has never been a more important time in the United Kingdom to inform, educate and entertain. We should look very carefully in Committee at an amendment which brings those genres back to public service broadcasting so that the broadcasters have an appropriate amount and range of programmes—on religion and other beliefs, which I have a particular interest in, science, culture and arts, social issues, matters of international significance and matters of specialist interest. I hope that we will have the opportunity to debate such an amendment in Committee.
The prominence provisions to ensure content is properly carried and easy to find on various devices, including audio devices, are also crucial to the future of PSBs. I am particularly pleased that the measures for radio and smart speakers were included in the Bill; the world is changing fast, connected devices are becoming increasingly ubiquitous, and our regulations need to keep pace.
Radio is an area where there are legitimate concerns about the BBC’s proposals to spin out new digital stations from Radios 1, 2 and 3 that will compete with existing similar offerings from commercial stations. It comes at the same time as the BBC appears to be transitioning away from local radio to local websites, which struggling local news industry representatives say is impossible to compete with. Moreover, BBC local radio, at its best, is the ultimate example of distinctiveness in a crowded marketplace. These changes underscore the need—as called for by my committee—for the BBC to set out a refreshed strategic purpose and clarify what changes are necessary for it to continue delivering for all audiences so this can be used to inform decisions about its future funding.
More broadly, making changes to help our broadcasting sector thrive involves striking a balance. The structural changes in the market pose a growing challenge to all UK providers, and we should not be shy about championing and supporting things that make the UK’s broadcasting sector distinctive and internationally valued. The Bill has done a good job here; but, equally, it must not mean that PSB status can be taken for granted. The PSBs must continue to demonstrate the value of what they provide, and that includes doing a better job of serving all audiences across the country and showing that they are responding to people’s concerns, particularly around impartiality in news and other genres. There is more to do here, and we should continue to press for improvements because these organisations and institutions exist for the benefit of everyone.
Finally, I want to state my personal support for Clause 50 of the Bill, which repeals Section 40 of the Crime and Courts Act.
I will turn at this point to my noble friend Lord Forsyth’s amendment and the matter of independent media. We are all aware of the issues around foreign Governments owning print or broadcast media. Personally, I agree with my noble friend: I have no problem with foreign businesses owning UK media; they are a large reason why we have a thriving media environment that is financially independent of government. But I do have principled concerns about ownership by foreign Governments or outfits under significant government control. That is materially different, and raises big questions about foreign policy, editorial independence and the relationship between an outlet’s owners and its coverage.
We need to have confidence in our media. Having foreign Governments own such a critical and sensitive part of our nation is not only unnecessary and troubling; if it was allowed to happen, it would completely undermine public confidence in our free press. At the moment, there are no automatic measures to prevent this, which does not seem right. My noble friend Lord Forsyth has argued that this Bill is the right vehicle to do something about this. In principle, I agree and I had assumed the same, but like my noble friend I have also had extensive discussions with the Public Bill Office, which has also advised me that such an amendment would be out of scope. I certainly look forward to my noble friend continuing his discussions with the Public Bill Office.
Instead, I have tabled an amendment to the Digital Markets, Competition and Consumers Bill. That amendment states that foreign Governments should not be allowed to buy our news media organisations unless the Secretary of State and relevant regulators have agreed the proposal and it has been confirmed by Parliament by the affirmative procedure. In other words, it cannot happen unless Parliament says so. That amendment, which I have tabled and has been co-signed by my noble friend Lord Forsyth and the noble Lords, Lord Robertson of Port Ellen and Lord Anderson of Ipswich, is a serious one, and I expect the Government to take it seriously. To that end, I ask my noble friend the Minister and his colleagues to meet me and my co-signatories as soon as possible, because it is due for debate on Report in less than two weeks, on Monday 11 March.
As to this Bill, I am very pleased it has made it this far. I support it and urge all colleagues to support its speedy passage through Parliament.