Source · Select Committees · Culture, Media and Sport Committee
Twelfth Report - Draft Media Bill: Radio Measures
Culture, Media and Sport Committee
HC 1287
Published 21 July 2023
Recommendations
1
Accepted in Part
Para 11
Provide Ofcom with clearer guidance on enforcing local radio's news obligations.
Recommendation
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 …
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Government Response Summary
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
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2
Accepted
Para 14
Amend proposed power to regulate localness requirements to require Ofcom consultation.
Recommendation
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 …
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Government Response Summary
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
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3
Rejected
Specify in the Bill which Acts of Parliament are subject to this power.
Recommendation
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 …
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Government Response Summary
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
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4
Acknowledged
Para 24
Include Media Bill with radio provisions in next parliamentary legislative programme.
Recommendation
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 …
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Government Response Summary
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 for the next parliamentary session, which was the specific ask.
Department for Culture, Media and Sport
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5
Accepted
Para 25
Urgently pursue technical engagement with stakeholders and provide progress update.
Recommendation
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 …
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Government Response 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 and rated fit-for-purpose, directly addressing a key concern.
Department for Culture, Media and Sport
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6
Accepted
Para 33
Proactively keep challenges of finding radio in in-car systems under close review.
Recommendation
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 …
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Government Response 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.
Department for Culture, Media and Sport
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7
Accepted
Para 34
Redraft power to amend radio selection service definition, requiring Ofcom consultation.
Recommendation
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 …
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Government Response 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.
Department for Culture, Media and Sport
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8
Accepted
Para 39
Amend Bill to enable Ofcom to de-designate legacy devices from provisions.
Recommendation
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 …
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Government Response 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.
Department for Culture, Media and Sport
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10
Rejected
Para 43
Mandate affirmative procedure for regulations designating radio selection services in Media Bill.
Recommendation
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 …
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Government Response Summary
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
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11
Accepted
Para 44
Require statutory consultation with Ofcom and industry before designating radio selection services.
Recommendation
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 …
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Government Response 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.
Department for Culture, Media and Sport
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12
Rejected
Para 50
Amend Bill to include on-demand and online content from Ofcom-regulated broadcasters.
Recommendation
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 …
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Government Response Summary
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
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13
Accepted
Para 52
Include explicit power to amend internet radio service definition, requiring Ofcom report and affirmative procedure.
Recommendation
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 …
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Government Response 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.
Department for Culture, Media and Sport
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14
Accepted in Part
Require Ofcom to consider resource implications when recommending radio service designation thresholds.
Recommendation
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 …
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Government Response Summary
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
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Conclusions (1)
9
Conclusion
Acknowledged
Para 42
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 Summary
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.