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Media Bill - Sitting 6
12 December 2023
Type
Public Bill Committee
At a Glance
Issue Summary
MP Stephanie Peacock discusses clause 48 of the Media Bill, which aims to protect UK radio services from technological changes and ensure accessibility for listeners. The statement discusses amendments and clauses related to penalties under parts of the Communications Act 2003, including financial penalties for non-compliance with internet radio service requirements. The statement addresses concerns over the lack of independent regulation for the press, particularly the national press, following the Leveson inquiry recommendations. Rob Butler supports clause 50 of the Media Bill and argues against the implementation of Section 40 of the Crime and Courts Act. The MP discusses concerns about statutory regulation of the press and its potential impact on media freedom. The statement discusses the need for media organisations to have clear transparency and liability in the online world as per the Online Safety Act exemptions. The statement discusses the failure of the Leveson system and the decision to repeal section 40 of the Crime and Courts Act 2013. The statement discusses the amendments to broadcasting legislation in relation to the UK's withdrawal from EU, specifically addressing changes to existing laws due to retained EU law. The statement discusses new clauses in the Media Bill aimed at ensuring public service content is delivered effectively across various broadcasting platforms. The speaker addresses the decline in children's public service media consumption and production due to technological changes and budget constraints, proposing a review to secure the future of such content. The statement discusses the importance of children having access to appropriate and educational content from public service broadcasters such as CBeebies. Martin Vickers is concluding the debate on clauses related to consequential provisions and the commencement of the Media Act 2024. The statement concludes the discussion on the Media Bill, expressing support for its passage despite areas where further progress is desired.
Action Requested
The MP supports the inclusion of this part in the Bill but requests clarification on whether smart TVs and streaming players using voice activation will be included. She also asks the Department to consider TuneIn's concerns about ensuring free access across all platforms.
Key Facts
- The Digital Markets, Competition and Consumers Bill was welcomed by Labour for regulating large tech companies.
- Radio stations are important for 50 million weekly listeners in the UK.
- Voice-activated platforms cannot play their own playlists or overlay advertising without broadcaster permission.
- Clause 49 inserts proposed new schedules into the Communications Act 2003.
- Maximum penalty for non-compliance is £250,000 for BBC, S4C, and persons failing to comply with information notices.
- For other cases, maximum penalty is the greater of £250,000 or 5% of the provider’s qualifying worldwide revenue.
- Clause 50 is contentious due to concerns over press accountability.
- Impress was set up as an independent regulator, but no national newspapers signed up.
- IPSO upholds fewer than 1% of complaints with cases taking almost six months on average.
- Reporters Without Borders has been calling for the repeal of Section 40 since 2016.
- The government's consultation in 2016-17 showed that 79% of respondents favoured full repeal of section 40.
- The News Media Association estimates that Section 40 would cost the national and local press £100 million a year.
- The MP argues that statutory regulation is incompatible with British media traditions.
- Section 40 threatens newspapers with paying their own costs and those of the claimant even if they win the case, which does not exist elsewhere in English law.
- The current threat of section 40 commencement has not compelled newspapers to seek regulatory bodies.
- Newspapers have liability for both copy printed and adverts accepted.
- Online publications lacked transparency and legal accountability.
- Companies like Facebook should have a liability for promoting spam-related or misinformation content.
- Section 40 of the Crime and Courts Act 2013 is to be repealed by clause 50.
- Leveson report was published over a decade ago attempting to balance press standards and free press protection.
- Section 40 of the Crime and Courts Act 2013 remains unused since its announcement.
- Only about 200 publications signed up to the regulator created for recognition by the panel.
- IPSO, a self-regulator, has been found independent and delivering principles in the editors' code.
- Countries with less regard for media freedom look at section 40 as a potential interference by the state.
- The clause introduces schedule 12 for minor and technical amendments.
- Part 1 removes references to the audiovisual media services directive from the Broadcasting Acts of 1990 and 1996.
- Part 2 amends part 4A of the Communications Act 2003.
- Clause proposes giving Ofcom power to monitor and regulate public service content.
- Clause mandates Secretary of State to prepare report on children’s access to public service content within six months of Act's passage.
- The clauses were read for the first time but negatived in the Committee.
- The Children's Media Foundation has highlighted issues regarding children's public service content.
- Less than half of 3 to 17-year-olds now watch live television according to Ofcom estimates.
- In 2022, the volume of first-run UK-originated children’s programming on PSB channels dropped to 518 hours from 640 hours in 2019.
- Over 750 creatives and executives signed an open letter campaigning for extension of the young audiences content fund.
- The quality of CBeebies programmes is trusted by parents.
- Public service broadcasters must collectively produce a wide range of children’s content under new subsection 264(5)(c) of the Communications Act 2003.
- The young audiences content fund was designed to support the commissioning of children's content on channels other than BBC.
- Clause 52 gives the Secretary of State a regulation-making power to amend other existing legislation.
- Clause 53 authorises expenditure from the Bill for possible increased spending by Ofcom or grants to S4C.
- Clause 54 sets out the territorial extent of the Bill, excluding section 40 of the Crime and Courts Act 2013 which applies only to England and Wales.
- The majority of provisions will be brought into force by regulations made by the Secretary of State.
- Clause 50, repealing section 40 of the Crime and Courts Act 2013, comes into force two months after Royal Assent.
- The Media Bill has been debated over three days.
- There is remarkable agreement across the Committee on the Bill's provisions.
- The Bill will move up to the House of Lords after Christmas.
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