Leveson Inquiry

The levels of influence that would give rise to concerns in relation to plurality must be lower, and probably considerably lower, than the levels of concentration that would give rise to competition concerns.

The Inquiry recommended setting media plurality concern thresholds lower than those for competition. In August 2014, the Department for Culture, Media and Sport stated that it would not consider framework changes until a measurement framework and baseline assessment were delivered (Department for Culture, Media and Sport response, Aug 2014). It explained that its consultation response did not seek to review existing policy levers or propose remedies (Department for Culture, Media and Sport response, Aug 2014).

Ofcom has presented the Inquiry and the Government with a full menu of potential remedies, and it has not been argued or suggested that any of them are inappropriate in principle. Each of them might be appropriate in a given set of circumstances and the relevant regulatory authority should have all of them in its armoury.

The Inquiry recommended that regulatory authorities hold a full menu of media plurality remedies. In a written parliamentary answer in November 2015, Ed Vaizey, Minister of State for Culture and the Digital Economy, stated that Ofcom had published a measurement framework, but the government needed to consider it and how to make a baseline assessment before considering further work in this area (Ed Vaizey, Nov 2015). The Department for Culture, Media and Sport previously stated in its August 2014 consultation report that it would not review existing regulatory levers or propose remedies until both the framework and baseline assessment were produced (Department for Culture, Media and Sport response, Aug 2014).

The Government should consider whether periodic plurality reviews or an extension to the public interest test within the markets regime in competition law is most likely to provide a timely warning of, and response to, plurality concerns that develop as the result of organic growth, recognising that the proposal for a regular plurality review is more closely focussed on plurality issues.

The Inquiry asked the UK Government to consider periodic plurality reviews or competition test extensions. In August 2014, the Department for Culture, Media and Sport stated that it asked the Office of Communications (Ofcom) to develop a measurement framework for a baseline plurality assessment, but that no decision had been made on periodic reviews (Department for Culture, Media and Sport response, Aug 2014). The department added that it was "reserving its position on future media plurality policy until after a baseline assessment", while an extension to the public interest test in competition law was not mentioned (Department for Culture, Media and Sport response, Aug 2014).

Before making a decision to refer a media merger to the competition authorities on public interest grounds, the Secretary of State should consult relevant parties as to the arguments for and against a referral, and should be required to make public his reasons for reaching a decision one way or the other.

The Inquiry recommended consulting relevant parties and publishing reasons regarding media merger referrals. In August 2014, the Department for Culture, Media and Sport stated that it would not consider changes to the regulatory framework for media plurality until a measurement framework and baseline assessment were delivered (Department for Culture, Media and Sport response, Aug 2014). The department noted that its consultation response did not review existing policy levers or propose remedies (Department for Culture, Media and Sport response, Aug 2014).

The Secretary of State should remain responsible for public interest decisions in relation to media mergers. The Secretary of State should be required either to accept the advice provided by the independent regulators, or to explain why that advice has been rejected. At the same time, whichever way the Secretary of State decides the matter, the nature and extent of any submissions or lobbying to which the Secretary of State and his officials and advisors had been subject should be recorded and published.

The Inquiry asked ministers to explain rejected regulator advice and publish lobbying on media mergers. In August 2014, the Department for Culture, Media and Sport stated that the government would not consider changes to the regulatory framework for media plurality until a measurement framework and baseline assessment had been delivered (Department for Culture, Media and Sport response, Aug 2014). Consequently, the department did not review existing regulatory levers or propose potential remedies (Department for Culture, Media and Sport response, Aug 2014).