My Lords, as one might have expected, this Second Reading debate has been a classic House of Lords debate—well informed, well judged, and correctly identifying those areas of the Bill that require greater scrutiny. I thank all the organisations that have beaten a path to our door, the Library for its briefing, and the Minister for making himself available for discussions at an early stage.
There seems to be universal acknowledgement that this Bill is much needed, if not urgent, and that it is in relatively good shape as it comes before us—which is more than can be said about a lot of the legislation that we have to deal with from time to time. Along with other noble Lords, I can remember the Bill from 20 years ago, and I remember the discussions about the care that we needed to take in amending it. I remember a discussion about the fact that the internet was not in it, and that we would have to look at it again quite soon. In your Lordships’ House, “quite soon” seems to be 20 years—and 20 years ago, what was a smart device? What was an iPhone? What was a tablet? It was something that you took when you had a headache. YouTube did not exist at all, Amazon was a relatively small online retailer which, if I remember correctly, was actually making a loss at the time, and Netflix delivered videos and DVDs by mail order. Even in 2003, however, we knew that the media, tech and communication world was moving very fast and we knew that we would need legislation to keep up with that change. That challenge remains the same today.
On these Benches, we believe that the Media Bill is essential to securing the long-term future of our public service broadcasters. I do not think that I could express it any better than the noble Lords, Lord Birt and Lord Hall—Birt and Hall sounds like a music hall act, actually. More than that, it gives confidence to our nation’s wider creative economy. We are concerned that the Bill gets on to the statute book as smoothly and quickly as possible. I therefore repeat the offer made to the Secretary of State by my honourable friend Thangam Debbonaire MP during Second Reading of the Bill in the Commons. She said:
“I start by making her an offer: I will work with her on a cross-party basis to get the Bill into law as quickly as possible, subject to the proper scrutiny that would be expected from His Majesty’s Opposition”.—[Official Report, Commons, 21/11/23; col. 234.]
My noble friend Lord Bassam and I make the same offer here in your Lordships’ House to the noble Lord the Minister.
As I say, we profoundly believe that public service broadcasters remain at the heart of the UK’s media ecosystem, providing content that enriches our culture, society and democracy; and that radio remains resilient, despite the environment in which it operates changing almost beyond recognition. It falls to us to pass legislation that both recognises the immense way in which technology and audience behaviour has changed and preserves the future of our valued PSBs and radio stations for years to come.
Britain’s public service broadcasters must be fully equipped with the tools they need to thrive in this intensified era of internet and on-demand television. I am sure that the Minister understands how frustrating the delay has been to everyone involved—much of it down to the pointless war about Channel 4. I suggest that this Bill may go some way to restoring the trust of our PSBs and other players in the Government and their intentions.
I thank my noble friend Lord Bassam, who I think gave the House a good gallop round the main issues, as did the Minister at the beginning of this debate, for which we should all be grateful. I echo him in saying that the first issue that we will need to explore is of course those proposals ensuring that PSBs are always carried and given prominence on smart TVs, set-top boxes and streaming sticks. The Commons explored whether “appropriate” prominence, as it is described in the Bill, goes far enough and we will surely do so here. Many noble Lords, including the noble Viscount, Lord Colville, the right reverend Prelate the Bishop of Leeds and others, raised this, and the point that everyone has been making is that we have to ensure clarity in the mandate to Ofcom: what it means and how it should work. My honourable friend Steph Peacock MP commented in the Commons that the definition of PSB is that it is easily discoverable and promoted to audiences. That is what we need to be looking for.
The Bill gives significant discretion to the Secretary of State in how the new prominence regime is scoped and implemented. Given the turnover of DCMS Secretaries of State, and indeed the antics of Nadine Dorries when she held the post, we might want to look at how that discretion might operate. I say to the noble Lord, Lord Russell, that he might want to be careful what he wishes for in terms of Henry VIII powers in this area.
The noble Baroness, Lady Kidron, pointed out that misinformation and toxic material have not been dealt with and addressed. The noble Viscount, Lord Colville, rightly raised the need to hear unheard voices.
The noble Lord, Lord Russell, and the noble Baroness, Lady Benjamin, in particular referred to children’s TV. That is an issue that we are going to have to take very seriously indeed. The noble Baroness, Lady Benjamin, made a very powerful speech. Children’s TV makes a significant contribution to the economy and provides quality jobs, but it is also a key part of our soft power, promoting tolerance, logic and fair play to children all over the world. The Government need to consider the wider consequences for public service broadcasters if children are not consuming as much content as they used to.
We all have to think about how unhelpful it is for the long-term interests of our public service broadcasters if a generation of children is growing up not actually
experiencing their content, and what we should be doing about that. It also provides a challenge to Disney+ and the other video-sharing platforms: do they care about the quality of content that our children are consuming on their platforms too?
As we are all aware, and as several noble Lords have said, the BBFC does a trusted job with its ratings system. We are aware, for example, that Netflix uses the BBFC system to rate its output, but of course that is not the case for all. I think, like other noble Lords—the noble Lord, Lord Bethell, explained it to us—that we will have to explore the issue of assured standards of transparency and accountability that will lead to trust in ratings for parents, in particular, and of this being regulated by Ofcom in a fair and robust manner.
Like many here, radio is important to us, and vital in many communities. It is to be welcomed that Parts 5 and 6 are in the Bill. As my noble friend Lord Stevenson said, I think we will need to explore the future-proofing of the proposals before us. I was particularly struck by what the noble Baroness, Lady Stowell, said about local radio. For example, we will need to look at expanding the scope of regulation to cover non-voice activated in-car information systems. The current clauses cover only linear, or live, radio, rather than on-demand and online content provided by UK broadcasters. As listening continues to adapt, the legislation should be future-focused and extend to online content, such as catch-up, online-only stations, and podcasts. This was a key recommendation of the Culture, Media and Sport Select Committee pre-legislative scrutiny report published in July 2023, and I think we need to pick that up.
I turn to sports. The final report of the pre-legislative scrutiny committee said that there is a need
“to close the loophole that allows an unregulated streaming service to buy the rights for a listed event and put them behind a paywall”.
We be looking, along with others, such as the noble Baroness, Lady Grey-Thompson, at Clauses 20 to 25 with an eagle eye. Do they cover clips, do they extend to digital and on demand, and is live linear safeguarded sufficiently?
I too thought that S4C would be more prominent than Gaelic. We will be joining others in seeking clarity from the Government about the Gaelic language service and whether it should be given PSB status, as mentioned by the right reverend Prelate the Bishop of Newcastle, the noble Lord, Lord Dunlop, and the noble Baroness, Lady Bull. I say to others that I do not think that S4C was outgunned, because it is certainly absolutely treasured on these Benches.
We will be seeking clarity also on the removal of the specific requirement on public service broadcasters to include programming on “religion and other beliefs”, as specified in the Communications Act 2003. This legislation will replace that with a more generalised requirement
“that the audiovisual content made available by the public service broadcasters … appears to OFCOM to be … a sufficient quantity … that reflects the lives and concerns of different communities and cultural interests and traditions within the United Kingdom”.
The question is: does this requirement sufficiently protect programming on the range of religious and non-religious views in the UK, and could it result in essential programming being overlooked? I would like some discussion with the Minister and the Bill team about that issue.
In conclusion, I think that Ofcom will need muscular implementation of this legislation and, like other noble Lords, I will need reassurance—I think we will all need reassurance—about its resourcing and expertise to do that. Take AI, for example. Ofcom will have to deal with the question of how algorithms serve our content, and how will Ofcom know what is being promoted by the algorithms that are supposed to serve our content? These issues were raised only about halfway through the debate and I hope that they will be material.
I am about to say something which will probably only show how technically illiterate and old I am, but we now have one of those rather large and fancy, supposedly smart, televisions in our home. It seems to be incapable of working out my preferences and still presents me—with prominence—programmes that I would never watch in a million years, have never accessed and do not particularly want to watch. My son tells me that it can be remedied; however, the television is supposed to be smart and it should be able to learn— I should not have to put up with a lack of prominence of the things I actually want to watch. I am hoping that, during our discussions, I can realign my understanding and learn how it is supposed to work. It might be my ignorance and lack of technological expertise, but it seems to me that if it is a smart television, it should be able to do that job for me.
On the amendment proposed by the noble Lord, Lord Forsyth, he knows that we on these Benches are sympathetic to what he has to say. I thank all noble Lords who have spoken, and I look forward to working with the Minister and noble Lords as we move forward with the Bill.
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