Recommendations & Conclusions
35 items
1
Recommendation
Twelfth Report - Draft Media Bill: Radi…
Accepted in Part
Local news and information is what makes many people turn to local radio and we agree that the Government should prioritise this area. However, we are concerned that Ofcom regards its responsibilities as unclear, especially given that the Government committed six years ago to providing greater clarity. We recommend the …
Government response. The government made technical changes to the Bill and updated Explanatory Notes to clarify local news obligations on the face of the Bill, but decided not to publish further separate guidance at this stage.
Department for Culture, Media and Sport
2
Recommendation
Twelfth Report - Draft Media Bill: Radi…
Accepted
DCMS says that its intention is to use the power to make regulations regarding digital radio stations’ localness requirements only in consultation with Ofcom and other stakeholders. We cannot envisage a scenario in which it would be necessary for the Secretary of State to exercise her power without consultation. We …
Government response. The government accepted the recommendation and has already amended the Bill to require consultation with Ofcom when making regulations regarding localness requirements.
Department for Culture, Media and Sport
3
Recommendation
Twelfth Report - Draft Media Bill: Radi…
Rejected
The Government has demonstrated a necessity for the power to regulate for localness requirements to be so broad as to include amendment of any Act of Parliament. This power should be restricted to specified Acts in line with similar provisions in the Communications Act 2003. We recommend that the Bill …
Government response. The government amended the Bill to clarify that the power to amend other legislation must be consequential, but rejected specifying Acts of Parliament, citing unhelpful inflexibility and the infeasibility of listing all potential amendments.
Department for Culture, Media and Sport
4
Recommendation
Twelfth Report - Draft Media Bill: Radi…
Acknowledged
The radio industry has legitimate concerns about the potential for larger platforms to control access to stations and drive audiences elsewhere. While listening to radio still makes up the majority of audio consumed over smart speakers, and smart speakers only account for 14 percent of total radio listening, the balance …
Government response. The government welcomes the Committee's view and agrees on the importance of supporting UK radio and updating the regulatory framework through the Media Bill's provisions. However, the response does not explicitly commit to including the Bill in the legislative programme …
Department for Culture, Media and Sport
5
Recommendation
Twelfth Report - Draft Media Bill: Radi…
Accepted
The radio industry and platforms raised legitimate concerns about the extent to which the Department for Culture, Media and Sport has examined the implications of the legislation. That the Department did not publish a full impact assessment for the radio selection services provisions alongside those for other Parts of the …
Government response. The government asserts that it has extensively engaged with stakeholders on policy and technical details throughout the process, including making changes in response to concerns raised. Furthermore, it confirms that a full Regulatory Impact Assessment on Part 6 of the …
Department for Culture, Media and Sport
6
Recommendation
Twelfth Report - Draft Media Bill: Radi…
Accepted
The future risks to radio are not confined to voice-activated devices. Platforms can make it very hard for car drivers to find radio, simply by self-preferencing their own or others’ content and leaving listeners to swipe through later pages to find their choice. Connected car manufacturers and the providers of …
Government response. The government accepted the recommendation and committed to proactively keep the issue of in-car infotainment systems and their impact on radio access under review.
Department for Culture, Media and Sport
7
Recommendation
Twelfth Report - Draft Media Bill: Radi…
Accepted
The Secretary of State’s power to amend the definition of a radio selection service is crucial for the future-proofing of the regulatory scheme, including for in-car systems as well as for new and emerging technologies. While we welcome Ofcom’s horizon-scanning role, any use of the power to amend the definition …
Government response. The government accepted the recommendation and has already amended the Bill to require the Secretary of State to consult Ofcom before amending the definition of a radio selection service.
Department for Culture, Media and Sport
8
Recommendation
Twelfth Report - Draft Media Bill: Radi…
Accepted
There is broad agreement between platforms and broadcasters on the need for provision in the Bill to ensure legacy devices can be exempted from requirements on radio selection services. We believe that allowing Ofcom to exempt some previously- designated devices on legacy grounds would address this issue. We recommend the …
Government response. The government accepted the recommendation and amended the Bill to include a specific process for radio selection services (RSS) to apply for de-designation of legacy devices.
Department for Culture, Media and Sport
9
Conclusion
Twelfth Report - Draft Media Bill: Radi…
Acknowledged
We acknowledge the Government’s preference to avoid putting in primary legislation a number specifying what a “significant” number of users is and what “used by” means. In order to adapt to reflect changes in technology and audience habits, we believe that these terms may be best judged by Ofcom under …
Government response. The Government welcomes the Committee’s feedback and recognises that there may be situations where de-designation of a service is required, and the Bill has been amended to include a specific process for an RSS to apply for de-designation.
Department for Culture, Media and Sport
10
Recommendation
Twelfth Report - Draft Media Bill: Radi…
Rejected
We disagree with the Government’s conclusion that the negative resolution procedure is appropriate for regulations designating a radio selection service or amending its definition. The Bill does not require the Secretary of State to accept Ofcom’s recommendations and allows her to substitute her own. The requirement Draft Media Bill: Radio …
Government response. The government rejects the recommendation for affirmative procedure, stating that the Bill no longer designates via description, and that specific designation is a largely administrative step where the framework is set by Parliament and Ofcom provides advice.
Department for Culture, Media and Sport
11
Recommendation
Twelfth Report - Draft Media Bill: Radi…
Accepted
The Department told us that it intended to consult Ofcom and other stakeholders before changing the statutory conditions for designating a radio selection service but this does not appear in the Bill. If the Government intends to carry out consultation with Ofcom and other stakeholders before exercising a power to …
Government response. The government accepted the recommendation and amended the Bill to make consultation with Ofcom and industry stakeholders a statutory requirement before the Secretary of State makes secondary legislation on radio selection services.
Department for Culture, Media and Sport
12
Recommendation
Twelfth Report - Draft Media Bill: Radi…
Rejected
The Government’s approach to on-demand and online-only content appears at odds with market trends. Listeners are increasingly choosing to access content on- demand or listen to online-only stations and there is merit in including these forms of content provision within the scope of the Bill. We agree that the Government …
Government response. The government rejected the recommendation, stating it does not agree there is a policy case for intervention at this stage, as the current measures are targeted and proportionate given live radio is still the main consumption method.
Department for Culture, Media and Sport
13
Recommendation
Twelfth Report - Draft Media Bill: Radi…
Accepted
We recommend that the Bill include an explicit power to amend the definition of an internet radio service. This would enable the current definition, which specifies that only stations providing online live simulcasts of their broadcast radio service and which make “reasonable efforts” to use the same advertisements, to be …
Government response. The government accepted the recommendation and amended the Bill to include an explicit power to amend the definition of an internet radio service, requiring a report from Ofcom and affirmative parliamentary procedure, as recommended.
Department for Culture, Media and Sport
14
Recommendation
Twelfth Report - Draft Media Bill: Radi…
Accepted in Part
The absence of a full impact assessment of the radio provisions makes it difficult to ascertain how burdensome the preferred route provisions will be. However, the evidence we heard suggests that there will be far fewer routes required than platforms are anticipating. Nonetheless we recognise that platforms will not only …
Government response. The government partially accepted the recommendation, stating it does not anticipate disproportionate burden but has amended the Bill to require that a station’s request for a particular route must be reasonable, providing additional assurances to platforms.
Department for Culture, Media and Sport
1
Recommendation
Thirteenth Report - Draft Media Bill: F…
The Government is seeking to simplify the public service remit; however, removing the requirement to provide specific genres of content goes beyond mere simplification. The removal of origination quotas for UK children’s content for commercial Public Service Broadcasters led to significant reductions in the production of original children’s TV, and …
Department for Culture, Media and Sport
2
Recommendation
Thirteenth Report - Draft Media Bill: F…
We are concerned that the “backstop” power, enabling the Secretary of State to specify new categories of audiovisual content should the Secretary of State consider that they are being underserved, creates the perception that media regulation is no longer independent of government. We recommend that the Secretary of State’s power …
Department for Culture, Media and Sport
3
Recommendation
Thirteenth Report - Draft Media Bill: F…
Allowing Public Service Broadcasters to use a wider range of services to contribute towards their remit, including on-demand, should not come at the expense of linear broadcast audiences. It is imperative that broadcasters make their content as accessible as possible to all audiences, regardless of whether viewers have the means …
Department for Culture, Media and Sport
4
Conclusion
Thirteenth Report - Draft Media Bill: F…
Our conclusions about the impact the Media Bill could have on audiences are part of a wider context of change in the broadcasting industry. We continue to be concerned about the impact of the BBC’s Digital First strategy on linear TV and radio audiences. Sharing content across large areas risks …
Department for Culture, Media and Sport
5
Recommendation
Thirteenth Report - Draft Media Bill: F…
We agree that there should be a minimum length of time for which material has to be available on-demand so that people can watch it at a convenient time. However, Public Service Broadcasters raise legitimate concerns about whether 30 days is appropriate for every type of content, as broadcast and …
Department for Culture, Media and Sport
6
Recommendation
Thirteenth Report - Draft Media Bill: F…
The increased flexibility of the public service remit should be accompanied by a lower threshold for Ofcom to intervene if it considers that a Public Service Broadcaster is failing to meet its remit. The current bar of “serious” is too high. Enabling Ofcom to step in earlier would protect the …
Department for Culture, Media and Sport
7
Recommendation
Thirteenth Report - Draft Media Bill: F…
We welcome the draft Bill limiting the Listed Events regime to Public Service Broadcasters. These events are important sporting occasions with immense cultural and social impact and the regime is critical to the UK’s sporting and media landscape. However, it is unfortunate that the Government has not taken the opportunity …
Department for Culture, Media and Sport
8
Recommendation
Thirteenth Report - Draft Media Bill: F…
Digital rights should be included as part of the Listed Events regime to reflect sweeping changes in how audiences consume content since the original legislation was passed. We recommend that the Government includes provisions in the Bill to enable digital rights to be included in the Listed Events regime without …
Department for Culture, Media and Sport
9
Recommendation
Thirteenth Report - Draft Media Bill: F…
User interfaces on connected devices are very different to Electronic Programming Guides. The breadth of ways in which user interfaces can be designed means that what prominence looks like will vary considerably from device to device. What matters is ensuring that public service content is always carried and easy to …
Department for Culture, Media and Sport
10
Recommendation
Thirteenth Report - Draft Media Bill: F…
It is in the interests of both Public Service Broadcasters and platforms that the Media Bill enables legacy devices to be exempted from requirements, given the technical hurdles involved. However, it is important that any exemption is not exploited. Allowing Ofcom to exempt certain previously designated devices on legacy grounds …
Department for Culture, Media and Sport
11
Recommendation
Thirteenth Report - Draft Media Bill: F…
Only those television selection services which are deemed to be used by a significant number of viewers in the UK to access TV content online will be regulated. While the Secretary of State may only designate these services or specify a description of them following a report from Ofcom, the …
Department for Culture, Media and Sport
12
Recommendation
Thirteenth Report - Draft Media Bill: F…
The agreement objectives are fundamental to the must offer-must carry regime. Any ambiguity in their drafting is likely to lead to either or both broadcasters and platforms resorting far more frequently than anticipated to the dispute mechanism process. While Ofcom will be required to consult and publish guidance on how …
Department for Culture, Media and Sport
13
Recommendation
Thirteenth Report - Draft Media Bill: F…
The sustainability duty reinforces what the Channel 4 Corporation is already doing. As such, the wording should reflect their primary functions and existing statutory duties to avoid there being any unintended consequences such as a conflict with their existing obligations. We recommend that the Government should review the wording of …
Department for Culture, Media and Sport
14
Recommendation
Thirteenth Report - Draft Media Bill: F…
It is hard to quantify the full impact of the removal of Channel 4’s publisher- broadcaster model in the absence of an impact assessment, but the removal is a fundamental change to its status. Allowing Channel 4 to produce and monetise its own content will help diversify its revenue streams …
Department for Culture, Media and Sport
15
Conclusion
Thirteenth Report - Draft Media Bill: F…
Giving regional prominence to both S4C and STV goes to the heart of what the Government is trying to achieve with this Bill: to ensure public service broadcasting is not only available on platforms but easy to find. Given the size of the revenues of those television selection services likely …
Department for Culture, Media and Sport
16
Recommendation
Thirteenth Report - Draft Media Bill: F…
The Government has said that it wants audiences to be confident that all content, however they consume it, is subject to the same regulation. Requiring only the largest Video-on-Demand providers to abide by the new Code does not achieve that aim. While the Government believes that it would be disproportionate …
Department for Culture, Media and Sport
17
Conclusion
Thirteenth Report - Draft Media Bill: F…
We recognise concerns that there are elements of the Broadcasting Code which do not translate well to a Video-on-Demand context, particularly how the due impartiality obligations will be managed in a non-linear environment. However, Ofcom is required to consult Tier 1 organisations before finalising the Code and so we anticipate …
Department for Culture, Media and Sport
18
Recommendation
Thirteenth Report - Draft Media Bill: F…
As the fairness and privacy code will enable complaints coming from outside the UK, this could have significant resource implications for Ofcom. It is not possible to gauge in advance the likelihood of this happening, but should it become onerous then Ofcom would need to be resourced to meet this …
Department for Culture, Media and Sport
19
Recommendation
Thirteenth Report - Draft Media Bill: F…
The Government’s approach to the scrutiny of the Secretary of State’s power to designate Tier 1 services is confused. Putting information into the public domain at the same time as legislating is not a substitute for parliamentary scrutiny of increased regulation, especially where the Government has argued there are issues …
Department for Culture, Media and Sport
20
Conclusion
Thirteenth Report - Draft Media Bill: F…
We note the conclusion of the Government’s review of Section 40 of the Crime and Courts Act and its decision that it should be repealed. However, there can be no room for complacency regarding press standards. We will continue to scrutinise the work of the media industry and hold the …
Department for Culture, Media and Sport
21
Recommendation
Thirteenth Report - Draft Media Bill: F…
We consider that the Bill balances the needs of audiences, platforms and broadcasters. We support the introduction of the Bill, subject to the Government reflecting on the recommendations in this report. We recommend that the Government prioritise the Media Bill in the upcoming fourth session of this Parliament. (Paragraph 120) …
Department for Culture, Media and Sport