1: Clause 1, page 2, line 14, at end insert—
“(c) which maintains the high general standards with respect to the programmes included in them, and in particular with respect to—(i) the contents of the programmes,(ii) the quality of programme making, and(iii) the professional skill and editorial integrity applied in the making of the programmes.”Member’s explanatory statement
This amendment seeks to reinstate the requirement in the Communications Act (2003) for public service broadcasters to maintain high standards in terms of content, programming making and professional skills in order to fulfil the public service remit.
My Lords, I shall speak also to Amendments 2, 3 and 7 in my name. I declare any relevant interests in the register, noting that while my own media interests have ceased, I retain many friends in the creative industries. I am grateful for the cross-House support of my cosignatories and to the Citizens’ Forum for Public Service Media and UK Music for supporting my amendments.
The Minister noted at Second Reading that PS broadcasters are governed by laws written over two decades ago. Clause 1 aims to update and simplify the framework by amending Section 264 of the Communications Act 2003 and replacing what the Minister described as
“14 overlapping purposes and objectives … with a new, modernised remit … intended to provide a much clearer sense of our public service broadcasters’ distinctive role ”.—[Official Report, 28/2/24; col. 1119.]
My four amendments share a common purpose, which is to reinstate some of the wording from the 2003 Act, precisely in order to protect the distinctiveness of our PSB content and the qualities that make it, to quote the Secretary of State, attractive to national and global audiences as well as a key driver of our creative economy.
I am not opposed to modernisation; indeed, it would be odd if something written 20 years ago could not benefit from a little updating. My concern is that the process has gone too far, stripping out obligations that are the essence of our public service broadcasting. Section 264(5) and (6) of the Communications Act is replaced by Clause 1(5) of the Media Bill, but aside from Clause 1(5)(a), which protects news and current affairs and references production quotas, very little survives. One paragraph is left to act as a near “catch-all” for what has gone, requiring
“content that reflects the lives and concerns of different communities and cultural interests and traditions within the United Kingdom, and locally in different parts of the United Kingdom”.
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Finally, the amendment enshrines a requirement to stimulate and support the development of the creative sector, of new ideas and new talent on and off screen. This has long been a key role of PSBs, which nurture creative talent—writers, actors, designers and composers —and help fill the sector’s skills gap through apprenticeships and training. This talent underpins the sector’s economic contribution to the UK and its commercial success globally.
The Government have put this sector at the heart of their plans for growth, yet, as your Lordships’ Communications and Digital Committee concluded, it is a sector at risk from “policy incoherence”, skills shortages and complacency in the face of international competition and technological change. The workforce has been hard hit by the financial challenges and new restrictions on mobility, with the Film and TV Charity reporting that 45% of respondents are struggling and 71% do not have enough work to stay afloat. The broader cultural sector is still below pre-pandemic levels, struggling to cope with increased energy costs and the loss of international touring.
I know that the Minister is alive to these challenges, and he has personally committed to the sector’s success. Given this, I hope he will agree that now is not the time to cut the creative and cultural sector loose from the protections of the existing legislation. This act of harm would diminish the creative industries and, in doing so, would diminish our public service broadcasters. I would be surprised if a department responsible for both the Bill and the success of the creative sector consciously intended to go down this route.
To conclude, my amendments seek to reinstate important obligations for quality, skills and editorial integrity, for education, for supporting and stimulating the cultural and creative industries, and—of course—the foundational principle that public service broadcasting should inform, educate and entertain. I know that none of the current PSBs would want to abandon these principles and obligations—indeed, they have all voiced support for my amendments—but this legislation needs to set the framework for the future and to recognise these societal and sector impacts as important elements of the PSB role. Without clarity in the legislation on what Parliament expects—and, indeed, what viewers want—neither Ofcom nor Parliament will be able to hold broadcasters to account for delivery.
I do not believe that in modernising the public service remit, government intended the baby to disappear so conclusively down the plughole. Twenty years on, there are surely ways to modernise, streamline and update, but the version before us goes too far, stripping out of legislation the very characteristics that have defined British television and given it the prominent position it holds in the world today.
I hope that the Minister might be persuaded by my arguments and those of other noble Lords, and that he might agree to work with us to find the right balance between baby and bathwater before Report. I beg to move.
My Lords, I rise to support Amendments 1 to 3 and 7, to which I have added my name, and in doing so, I declare my interest as laid out in the register as a board member of Creative Scotland.
The Bill will set the standard for public service broadcasting and is much welcomed. However, the noble Baroness, Lady Bull, has spotted that currently the Bill removes any overarching principles for public service broadcasting, which I believe is a glaring omission.
As the noble Baroness, Lady Bull, has just excellently introduced, the Reithian principles to inform, educate and entertain have been at the foundation of our public service broadcasting for over 100 years. These overarching principles mean that the values, objectives and practices of public service broadcasters are very different from those in the private sector.
A 2022 report by the Ada Lovelace Institute highlighted the importance of the Reithian principles that guided public service broadcasters in what stories they chose to tell, how they were told and presented, and what programmes were commissioned. By extension, they reflect, support and stimulate the nation of the UK in all its diversity and creativity, and therefore support our world-leading creative industries.
Public service broadcasters already face criticism that they do not sufficiently reflect the public whom they serve, which is why the BBC and Channel 4 attempted to address that by moving parts of their workforce and commissioning outside London—but more of that in amendments to come. In contrast, private organisations such as Netflix are designed to maximise market share and shareholder revenue. They use recommendation systems to drive user engagement with their content. They may have some consideration of social values, but public service organisations are currently legally mandated to operate with a particular set of public interest values at their core. Without these amendments, we would lose that. PSBs are building their own recommendation systems to compete in this new digital age but, as the Ada Lovelace Institute report highlights, they will not work unless public service broadcasters are clear about their own identity and purpose.
The Lord Bishop of Leeds
My Lords, I support the first four amendments in this group—Amendments 1 to 3 and 7—and will not repeat what has been said so far in the excellent two speeches. However, I support them for a different reason: I think that they lay the ground for later amendments, particularly Amendments 9, 13 and 32. I will make a serious point about those amendments now, partly because I may have to be on a train when the Committee gets to them.
If we take seriously the Reithian principles to inform, educate and entertain, it means doing what the inscription from George Orwell outside the BBC spells out: that people are enabled to be confronted by, or to hear and see things, that
“they do not want to hear”.
That is essential to public service broadcasting and democratic education. That is also why, when we get to Amendments 9, 13 and 32, it becomes so important to cite in the Bill some of the genres that need to be not just glossed over or assumed but recognised as essential to inform, educate and broadcast in an entertaining way. As was said earlier, not everything has to be serious; often we are informed and educated by being entertained. The reference to “EastEnders” was pertinent: we gauge the public conversation by what we see being conversed about in things such as soap operas.
That is why—I would say this, wouldn’t I?—portrayal of religion is so important and needs to be named, as well as children, the arts, science, and so on. These are often called minority interests but in fact, because something is of interest to minorities does not mean that the majority should not be aware of what those interests are. Whenever we talk about religious broadcasting —I refer to my previous interest as the chairman of the Sandford St Martin Trust for nine years—it is not about proselytism or propagating a particular world view; it is recognising that you cannot live in the world and understand it if you do not understand religion. That should be obvious, given what is going on in the world at the moment. We cannot understand the Sunni/Shia divide and how that impacts on politics in the United Kingdom if we do not get informed and educated about that. So it is not about proselytism; it is about education, social cohesion and so on.
That raises another question that I wish to put at this point. How is Ofcom supposed to be able to report on whether PSBs are fulfilling their remit if there are no metrics in the Bill to say what fulfilment of the remit might be? At Second Reading we were told that it will be left to “flexibility”. Flexibility is as flexible as you want it to be, but it is quite possible to go through a whole year and just have a subjective account of what constitutes, for example, religious broadcasting or children’s broadcasting, which puts it into a narrow silo and which, for example, counts out entertainment as a medium for these things. If there are no metrics, how are we and Ofcom to know whether the remit has been fulfilled? I have been told that it cannot be the number of hours you allot to a particular genre, or a percentage quota. I am very happy with that, but what are the metrics going to be? There have to be some; otherwise, it is totally subjective.
My Lords, I rise briefly to support all my noble friend Lady Bull’s amendments.
The world has changed somewhat since about a century ago. My great-grandfather, Stanley Baldwin, who was the then Prime Minister, would go round to Cowley Street, just around the corner, sit down with Sir John Reith, as he then was, and discuss in some detail exactly how best to use the radio to deliver what he wanted to deliver. He was the first Prime Minister to use public sector broadcasting as a means of mass communication to the electorate. Things have moved on somewhat since then, to the extent that I believe that in recent times certain members of the Cabinet have even refused to appear on the public sector broadcaster, which is a strange development, to put it mildly.
I did some research, and I do not think it is an accident that 43% of the 35 speakers at Second Reading referred directly to the issue we are talking about in this group of amendments. If one wants a metric for the depth, strength and breadth of feeling across the House about this set of principles, that is evidence enough.
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Public sector broadcasting, which, in a sense, had its birthplace here, has evolved in various forms around the world. The Reithian principles of “inform, educate and entertain” have broadened into a definition that is more generally recognised around the world, and which we can rightly take some credit for. The key principles are, essentially, universality of availability and appeal; provision for minorities, as the right reverend Prelate pointed out; education of the public, as stressed so forcefully by the noble Baroness, Lady Bull; distance from vested interests, which is particularly important in this day and age of mounting disinformation; quality programming standards, which would seem a no-brainer but is not adhered to by all sides; and the fostering of national culture and the public sphere, which is particularly important, not least in an election year.
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This is fine in itself, but reflecting “the lives and concerns” does not equate to the nuanced, if overlapping, requirements of the older Act. What we lose are vital obligations, covering quality, the Reithian principle, PSBs’ fundamental role in the success of the UK’s creative industries as well as the educative value of public service broadcasting—in essence, the very things that distinguish and define PSB.
Amendment 1 would reinstate the requirement to maintain high standards in content, quality of production and
“the professional skill and editorial integrity applied in the making of the programmes”.
These high standards have driven quality products, innovative formats and original programming, under- pinning the domestic success and, in turn, the global popularity of British media productions. The terms of trade paved the way for this success, but it is widely acknowledged that it is the high quality characterising the products of British PSBs that has made a difference in this story. Yet the Bill strips out a requirement for standards, quality and skills. The obligation that remains, to reflect
“the lives and concerns of different communities … interests and traditions”
could be adequately met by a locked-off shot of a talking head, as long as that head talked about a diverse range of subjects and, occasionally, in Gaelic or Welsh.
Removing requirements for standards risks diminishing the experience for audiences and impacting public perception of PSBs. It also risks their global competitiveness and economic value. Of course, reducing production quality reduces the need for skilled creatives, thus further undermining a sector already under threat. It is directly counter to the intention of the Bill.
My Amendment 2 goes to the heart of public service broadcasting, reinstating the Reithian mission, to “inform, educate and entertain”. These three foundational elements are absent from the Bill, in effect limiting the definition of the public service remit to a narrow focus on news and current affairs, regional and children’s content, and original, regional and independent productions. By focusing on “market failure” content that commercial providers need not bother with, it fails to uphold the fundamental principle that the purpose of PSBs is to serve society in its broadest sense with culturally, democratically and socially valuable content across a wide range of subjects.
The Reithian principles have served for almost a century and they represent far more than an outdated belief that “Auntie knows best”. In the words of Professor David Hendy, the Reithian philosophy is a view of broadcasting
“as something that should strive to do more than simply reflect the present state of affairs: it was something that needed to imagine other ways of being in the world”.
Reith’s three little words are vital because they encompass the important possibility of television expanding the interests of audiences beyond their own lives and concerns and into those of others. This is education in its widest sense and, over the life course, it is what many people value about public service broadcasting. In this age of misinformation and disinformation, “inform” and “educate” are surely more relevant than ever.
I jump next to Amendment 7, as it leads directly from this point in that it would reinstate a requirement for PSBs to provide programmes on educational matters, of an educational nature and of educative value. Clause 1(5)(c) of the Bill replaces references to education with the same catch-all, referring to a range of content that
“reflects the lives and concerns of children and young people in the United Kingdom, and … helps them to understand the world around them”.
That is another laudable aim, but it is not the same as content intended to educate or have inherent educative value. The wording in my amendment, which is again lifted directly from the 2003 Act, is important for three reasons. First, it makes a distinction between programmes that reflect the lives and concerns of children and educational programming which might teach them something outside their life experience and beyond their concerns. Secondly, it encompasses the role of public service broadcasting in lifelong learning. Thirdly, it recognises the broader concept of educative value—sometimes concealed in entertainment—which is perhaps a defining feature of PSB content.
GK Chesterton famously noted:
“Humor can get in under the door while seriousness is still fumbling at the handle”.
The same is true of education in the hands of skilled programme makers, insightful commissioners and public service broadcasters. Let us think of Channel 4’s “It’s a Sin”, the “I Am” series, ITV’s “Mr Bates vs The Post Office”, and seminal dramas such as “Cathy Come Home” or “I, Daniel Blake”. I would even point to the educative value of the gossip in soap opera pubs and cafés. When Sonia discussed Section 28 in the Albert Square caff all those years ago, we knew that the issue had moved into a different kind of mainstream. None of those programmes originated in an education department, but they have each been educative, shaping public discourse, dispelling myths, fostering intercultural understanding, changing attitudes and offering us new ways to consider the world and ourselves.
Of course, the responsibility for educational and educative content is distributed across the PSB landscape, with different channels assuming different responsibilities, as agreed in their operating licences. The amendment does not seek to mandate all PSBs to deliver “educational programmes” in any narrow sense, but it seeks to reinstate the fundamental educational purpose and educative value of PSB content. I find it hard to believe that the Government intended to remove any use of “educate” from this clause, and I hope the Minister might be able to reassure us when he speaks to this group.
Finally, Amendment 3 would reinstate the requirement for public service broadcasting to reflect, support and stimulate cultural activity, in all its diversity, in the UK. Since its inception, public service broadcasting has enjoyed a symbiotic relationship with the cultural and creative industries, supporting—and being supported by—a thriving creative sector. This amendment, again lifted from the 2003 Act, enables three societal and sector impacts.
First, it ensures wider and more equitable access to the rich diversity of UK arts and culture by presenting drama, comedy, music, visual and performing arts on screen—a point articulated by UK Music, which supports this amendment. Secondly, it inspires active engagement in arts and culture, stimulating people from all backgrounds and across all ages to get involved as participants, audiences or as a career choice—I look forward to hearing the noble Baroness, Lady Bonham-Carter, whose Amendment 33 addresses the important issue of workforce diversity in the sector.
Amendment 3 reinstates the role of PSBs in supporting our creative industries in all their diversity. The regional production of drama, comedy, music and other visual and performing arts programming plays a vital role in enabling new talent to be heard, local creative economies to be sustained and regional culture to be supported. The UK’s network of PSBs provides a platform for artists, musicians, songwriters, producers, composers and choreographers, enabling them to reach a wider audience and to gain exposure. For example, many people’s first experience of ballet is only through the Christmas Day ballet production. It is a two-way relationship: as government and funding bodies encourage live performing arts companies to make the most of digital viewing opportunities, it is in partnership with the broadcasters that those skills can be developed.
Amendment 7 recognises that education is not solely the preserve of children and children’s broadcasting. Education is a crucial part of the public service broad- casting requirements. Several of the statutory requirements set out in Section 264 of the Communications Act 2003 relate to educational objectives. The noble Baroness’s amendment picks up on them and ensures that PSBs continue to have a role in lifelong learning.
Engaging adults in lifelong learning, to ensure that we continue to invest in the development of crucial skills, is a theme that emerges from numerous Select Committee reports from your Lordships’ House. Lifelong learning is vital to the success of the UK economy. Broadcast media has a unique power and reach as a medium for inspiring adults to take advantage of learning opportunities and can engage unconfident learners who would not normally consider the possibility of lifelong learning. It is therefore essential that requirements are in place that encourage broadcasters to produce high-quality educational programmes and to give them sufficient prominence to attract viewers.
This is our opportunity to ensure that we clearly define public service values for the digital age. Public service broadcasters are already delivering against the Reithian principles and—as far as I understand from my conversations with some of them, and as the noble Baroness, Lady Bull, said—we believe that they have no objections to these amendments. As a group, the amendments seek to ensure that PSBs continue to provide content considered of value to society, if not to the shareholders. I wholeheartedly support them and hope that the Minister will too.
We can speak nobly about creative industries, the creative process and what ought to constitute public service broadcasting, but if we do not put some detail in and nail down those things, name the genres and say something about metrics other than flexibility, we cannot guarantee that the remit is being fulfilled.