Recommendations & Conclusions
7 items
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 …
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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 also believe the best legislative practice is for the Government’s intentions to be clear on the face of the Bill. We recommend that the proposed power to make regulations regarding localness requirements is amended to require consultation with Ofcom.
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Government response AI summary
The government accepted the recommendation and has already amended the Bill to require consultation with Ofcom when making regulations regarding localness requirements.
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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 …
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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 Bill has made it more difficult for us, and those directly affected by the Bill, to consider the impact it will have. While we support the overall aims and provisions of the Bill, we recognise that they are a step-change for the sector and it is vital that the Government 22 Draft Media Bill: Radio Measures engages with platforms and other technology stakeholders significantly and at pace to get the detail right. We urge the Government to pursue its technical engagement with stakeholders with the utmost urgency and to provide an update on progress to us when the House returns in September. We urge the Government to pursue its technical engagement with stakeholders with the utmost urgency and to provide an update on progress to us when the House returns in September.
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Government response AI summary
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 Bill has now been published …
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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 …
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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 in-car systems could choose not to offer broadcast radio at all and can control which apps are available. As a result, we are concerned that the Government may have overestimated the extent to which listeners are easily able to find their preferred stations in in-car systems. Noting the Government’s current position that in-car infotainment systems should not be included within the scope of the Bill, we recommend that the Government and Ofcom should proactively keep this issue under close review. Noting the Government’s current position that in-car infotainment systems should not be included within the scope of the Bill, we recommend that the Government and Ofcom should proactively keep this issue under close review.
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Government response AI summary
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.
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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 …
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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 of a radio selection service should be accompanied by clear evidence to inform the decision by the Secretary of State and by Parliament. We recommend the Government redraft the Secretary of State’s power to amend the definition of a radio selection service to require the Secretary of State to consult Ofcom before issuing regulations.
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Government response AI summary
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.
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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 …
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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 Bill be amended to enable Ofcom to de-designate legacy devices so that they are no longer subject to the provisions.
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Government response AI summary
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.
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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 …
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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 make secondary legislation, that intention should be reflected in the content of the Bill. We recommend that consultation with Ofcom and industry stakeholders prior to the Secretary of State exerting the powers provided in the draft Media Bill to make secondary legislation on the designation of radio selection services be made a prima facie statutory requirement in the Media Bill.
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Government response AI summary
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.
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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 …
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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 amended in the future to include other types of content. Such a power should require that any amendment by the Secretary of State is preceded by a report from Ofcom and be subject to the affirmative procedure, requiring it to be actively approved by both Houses of Parliament.
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Government response AI summary
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.
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Department for Culture, Media and Sport