<-- Back to proposed bills
Written evidence reported to the House - Sitting 2
05 December 2023
Type
Public Bill Committee
At a Glance
Issue Summary
The statement discusses amendments to ensure that licensed public service channels broadcast via digital terrestrial television and meet their public service remits. The statement addresses amendments to the Communications Act 2003 to update enforcement mechanisms and reporting requirements for public service broadcasters. The statement discusses proposed amendments to the Communications Act regarding Ofcom's enforcement powers over public service broadcasters. The statement discusses amendments to quotas for independent productions and original content on public service broadcasters, as well as regional production requirements. The statement discusses changes to licensed public service channels' production quotas, allowing on-demand and online services to contribute towards these quotas. The statement discusses proposed amendments to the Communications Act 2003 concerning additional quotas for qualifying audiovisual content. The MP discusses clauses related to audio-visual content quotas for public service channels, emphasizing the need for clarity in monitoring content genres and ensuring that audience needs are met. The statement discusses amendments to clauses regarding public service broadcasting quotas, future-proofing of regulations, and the treatment of repeats in on-demand services. The statement discusses amendments to clauses and schedules in the Bill related to public service broadcasting, including changes to networking arrangements for ITV and STV, removal of a schools programming quota for Channel 4, and adjustments to content quotas for the BBC and S4C. The issue involves concerns about ITV Border's provision of content that may be imbalanced and less relevant for viewers in Scotland compared to England, particularly regarding regional dialects, news relevance across legal jurisdictions, and the adequacy of local coverage. The statement discusses amendments to clauses in a Bill aimed at regulating public service broadcasting and ensuring Ofcom has necessary powers for effective regulation. Judith Cummins discusses new clause 2 regarding digital rights for listed events under the Broadcasting Act 1996. The MP discusses the importance of preserving the listed events regime for broadcasting major sporting events on free-to-air channels. The statement discusses the extension of broadcasting rights for public service broadcasters to include S4C and addresses concerns about digital rights in the context of listed events. The statement addresses the proposed establishment of a Listed Events Fund to provide financial support to sports governing bodies and rights holders affected by the listing of events under Group A. Judith Cummins discusses new clauses related to sporting events of national interest, including compulsory inclusion in Group A and consultation with Gaelic Media Service. The statement discusses amendments to clauses related to broadcasting regulations for multi-sport events and listed events. The MP is addressing the consultation process for proposed amendments related to football coverage and financial support for sports organizations. The MP discusses concerns about proposed changes to broadcasting laws related to sports events coverage. The MP discusses partnerships for broadcasting iconic events and the definition of adequate live coverage under new clauses in the Bill. The statement discusses the inclusion of national team matches in listed events and the importance of making such games available free-to-air. The statement discusses amendments to extend Ofcom's powers and revise the list of listed events into groups A and B. Judith Cummins is discussing technical amendments to broadcasting legislation and schedule 2.
Action Requested
The amendment proposes a technical clarification ensuring that when public service broadcasters are required to fulfil the public service remit for a given channel, it is the broadcaster itself or an entity on its behalf that should provide the content. The clause updates the definition of public service for Channel 3 services and Channel 5 to include broadcasting via UHF frequencies.
Key Facts
- Amendment would amend the definition of public service for Channel 4 to include an obligation to broadcast via digital terrestrial television.
- Clause amends section 265 of the Communications Act 2003 to update the remits and ensure high-quality programming contributes adequately to the broader remit.
- Channel 3, Channel 4, and Channel 5 must provide a range of high-quality and diverse programmes via UHF frequencies that can be received by at least 98.5% of the population.
- Clause 6 updates the Communications Act 2003 to adjust Ofcom’s enforcement powers.
- Amendment 20 proposes changing 'is serious' to 'is serious or at risk of becoming serious'.
- The British Association of Public Safety Communications Officials and Ofcom have raised concerns about the current high threshold for intervention.
- The amendment seeks to empower Ofcom with earlier intervention capabilities.
- Section 270 of the Communications Act is being amended.
- Ofcom can currently withdraw licences as an ultimate sanction.
- Clauses 8 and 9 amend sections 277 and 278 of the Communications Act to allow PSBs to meet quotas using on-demand services.
- The independent production quota is set at a minimum of 25% for each licensed public service channel, with Channel 4 revised upward to 35% if it starts a production business.
- Clause 14 changes regional production quotas from proportion of hours to effective duration.
- Clauses 8, 9, and 14 change licensed public service channels' production quotas to allow on-demand content contribution.
- Quotas are moving from percentage requirements to a set number of hours specified by the Secretary of State.
- Some broadcasters express concerns over flexibility in absolute quota systems compared to current percentage-based quotas.
- Clause 10 empowers the Secretary of State to specify descriptions of qualifying audiovisual content by regulations.
- Clauses 11 and 12 introduce definitions for 'qualifying audiovisual content' and provisions for handling repeat broadcasts.
- Clause 13 extends the terms of trade regime to cover independent productions commissioned for other audio-visual services.
- Amendment 19 aims to explicitly mention content genres in legislation.
- Public service broadcasters account for 77% of original UK commissions.
- On-demand content now counts towards remit and quotas.
- Amendments are made to clauses regarding public service broadcasting requirements.
- Regulations can be updated using the affirmative procedure for future-proofing digital platforms.
- Ofcom will produce an annual report on principal genres and their provision.
- Clause 15 amends section 290 of the Communications Act, allowing regional channel 3 services to share programming through qualifying audiovisual services.
- The second networking objective is changed to ensure programmes are available for inclusion by all licence holders.
- The schools programming quota on Channel 4 is set at a low level of 30 minutes per year and is proposed for repeal.
- Clause 17 introduces schedule 1, making comparable provisions for the BBC and S4C regarding original content quotas.
- ITV Border operates across Dumfries, Galloway, Carlisle, and parts of Scotland.
- Emma Harper, a Member of the Scottish Parliament, has raised concerns about content imbalance.
- Legal policies differ between England and Scotland, affecting news relevance for local viewers.
- Clause 18 introduces new sections 338A and 338B in the Communications Act.
- Information notices can be served on PSBs or third parties where proportionate.
- Financial penalties cannot exceed £250,000 initially or £500 per day for continuing breaches.
- Clause 19 amends section 18A of the Broadcasting Act 1990 to include revenue from internet programme services in calculating maximum fines.
- The current qualifying criteria stipulate a service must be free and received by 95% of the UK population.
- The clause updates the listed events regime to make it PSB-specific.
- It closes the streamer loophole for non-UK providers showing live coverage to UK audiences.
- The listed events regime ensures major sporting events are broadcast on free-to-air channels.
- More than 17 million people watched the women’s Euros final, boosting grassroots football participation and attendance in women's league events.
- An event being listed does not guarantee live broadcast but increases its chances of reaching a wider audience.
- The definition of qualified services will be PSB-specific rather than based on broadcast audience reach due to increasing viewing on devices.
- The new Bill creates a new service definition for TV-like internet services providing live content to UK audiences.
- Channel 4's sport content on YouTube drew 16.8 million global and 8.2 million UK viewers last year, with over a quarter of views from 13 to 24-year-olds in the UK.
- Clause 20 extends broadcasting rights to public service broadcasters including S4C.
- Digital rights are under consideration as more people access digital broadcasting.
- A digital rights review is being undertaken, recommended by the Culture, Media and Sport Committee.
- The Listed Events Fund will be established by the Secretary of State.
- Payments are restricted to organisations maintaining their registered office in Scotland, Wales, Northern Ireland or England and falling under Group A listings.
- Organisations with a reported turnover exceeding £50 million cannot receive payment from the fund.
- New clauses aim to include major sports events such as Olympics, FIFA World Cup, and others in Group A of free-to-air broadcasting list.
- Clause 7 proposes adding Seirbheis nam Meadhanan Gàidhlig (Gaelic Media Service) as a mandatory consultee for listed event consultations and Ofcom's guidance code updates.
- The amendments seek to ensure that certain national events are broadcast in their entirety on free-to-air television.
- The Broadcasting Act 1996 is being updated to include provisions for multi-sport events and TV-like services.
- New clauses aim to amend the Broadcasting Act to include consultations with the Gaelic Media Service.
- Home nation games should be listed as group A events to ensure coverage of national teams' qualification matches.
- The Scottish Football Association has been consulted.
- New clause 8 includes a financial support fund for smaller organisations.
- Kirsty Blackman intends to push new clauses 6 and 7 to a vote.
- Concerns raised over proposed changes to clauses 22 and 23 of the Bill.
- BBC expressed worries that new clauses could undermine the listed events regime, particularly regarding multi-sport group A events like the Olympics and Paralympics.
- The MP highlights the need for clarity on the definition of 'adequate' coverage under these amendments.
- Amazon made Emma Raducanu’s US Open final available on Channel 4.
- Ofcom will consult widely with stakeholders to set parameters for adequate live coverage.
- The most recent changes to listed events include the FIFA Women’s World Cup finals and the European Women’s Football Championship finals.
- £30 million Lionesses fund is invested in grassroots women's football.
- New clauses 6 and 7 are not accepted by the Government.
- The Gaelic Media Service should be included in consultations.
- The Derby had 1.6 million viewers, similar to Celtic v. Rangers.
- Including listed events does not guarantee free-to-air broadcasts but increases the likelihood of access.
- Clause 24 amends section 104A of the Broadcasting Act 1996 to create new powers for Ofcom.
- Clause 25 ensures contracts agreed before the Bill's introduction are not affected by new provisions.
- Government amendment 11 requires categorisation of events into groups A and B without consultation if aligned with existing divisions.
- Clause 27 introduces schedule 2, making amendments to broadcasting legislation.
- Government amendment 18 removes transitional provisions related to section 300 of the Communications Act, which was never brought into force and is now being repealed.
- Amendments 16 and 17 correct references in provision added by clause 20.
▸
Assessment & feedback
Summary accuracy