Select Committee · Culture, Media and Sport Committee

Pre-legislative scrutiny of the Draft Media Bill

Status: Closed Opened: 19 Apr 2023 Closed: 5 Feb 2024 30 recommendations 5 conclusions 2 reports

The DCMS Committee is inviting views on a draft Bill aimed at modernising broadcasting legislation to help public service broadcasters meet the challenges created by the growth of on-demand services and new technology. The Government’s draft Media Bill , published last month, would broaden how broadcasters can meet their public service obligations and bring some …

Clear

Reports

2 reports
Title HC No. Published Items Response
Thirteenth Report - Draft Media Bill: Final Report HC 1807 22 Sep 2023 21
Twelfth Report - Draft Media Bill: Radio Measures HC 1287 21 Jul 2023 14 Responded

Recommendations & Conclusions

7 items
2 Recommendation Twelfth Report - Draft Media Bill: Radi… Accepted

Amend proposed power to regulate localness requirements to require Ofcom consultation.

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
5 Recommendation Twelfth Report - Draft Media Bill: Radi… Accepted

Urgently pursue technical engagement with stakeholders and provide progress update.

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

Proactively keep challenges of finding radio in in-car systems under close review.

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

Redraft power to amend radio selection service definition, requiring Ofcom consultation.

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

Amend Bill to enable Ofcom to de-designate legacy devices from provisions.

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
11 Recommendation Twelfth Report - Draft Media Bill: Radi… Accepted

Require statutory consultation with Ofcom and industry before designating radio selection services.

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
13 Recommendation Twelfth Report - Draft Media Bill: Radi… Accepted

Include explicit power to amend internet radio service definition, requiring Ofcom report and affirmative procedure.

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

Oral evidence sessions

4 sessions
Date Witnesses
4 Jul 2023 Colin Browne · Voice of the Listener and Viewer, Kate Biggs · Ofcom, Kate Davies · Ofcom, Robert Specterman-Green · Department for Culture, Media and Sport, Rt Hon Sir John Whittingdale MP · Department for Culture, Media and Sport View ↗
27 Jun 2023 Alistair Law · Sky, Anna Hatfield · Amazon, Benjamin King · Netflix, Lewis Walmesley-Browne · techUK, Richard Stern · TuneIn, Rosie Johnston-Luff · Google View ↗
20 Jun 2023 Clare Sumner CBE · BBC, Elin Morris · S4C, John Morrison · MG Alba, Martin Steers · UK Community Radio Network, Matt Payton · Radiocentre, Paul Oldfield · BBC View ↗
6 Jun 2023 Khalid Hayat · Channel 4, Magnus Brooke · ITV, Mitchell Simmons · Paramount View ↗

Correspondence

1 letter
DateDirectionTitle
21 Nov 2023 To cttee Letter from Kate Biggs, Director of Public Policy, Ofcom, relating to Ofcom’s r…