We have set up the review because there are important questions to consider, and it is worth considering them properly. As I say, there is a complexity here in striking the right balance. The review is looking into that and more, and from it may flow some suggestions for necessary changes in the law. It is right that we complete the review and look at that picture in the round. As I say, I am sure we will touch on this in Committee, and there are emerging areas which noble Lords will want to press, but we think it is right to complete the review, which is a logical consequence of setting it up.
The Government are also keen to ensure that sporting events are made available for the public as widely as possible. That is why we have the listed events regime. We acknowledge the interest that fans have in watching our sporting teams compete. It is important, again, that that regime continues to strike the right balance between accessibility and the ability of sporting organisations to generate revenues, so that they can
invest in sports at all levels. We believe that the current list of events works well to deliver the right outcome and that it strikes an appropriate balance, so we have no plans to review the list at this time.
My noble friend Lord Bethell spoke about the importance of age ratings for television content, and we are in complete agreement on the need to protect children and other vulnerable audiences from harmful and inappropriate video-on-demand content to which they might be exposed. As people move to a digital world, so must our regulation change. That is why, for the first time, we are bringing mainstream TV-like on-demand services in scope of the new video-on-demand code. That will be drafted and enforced by Ofcom, which has a long track record of regulating broadcast television to ensure that it is age appropriate, and protects those who may be more deeply affected by what they see or hear. In addition to creating this new code, the Bill gives Ofcom new powers through its audience protection review duty, so that it can provide guidance and report on and deal with any providers it considers are not providing adequate protections.
Taken together, these changes mean that the on-demand streamers will no longer be marking their own homework; that, rightly, will be for Ofcom to assess and do. The British Board of Film Classification, which my noble friend mentioned, does a fine job and the Government encourage all services to consider using it when reaching decisions. However, it is not the only source of effective child protection. Many streamers, including our public service broadcasters, for example, have very effective child protection measures in place and do not use BBFC age ratings. We do not want inadvertently to discourage services from investing in, developing and using the most effective child protection technology that is available and becomes available, which includes but is not limited to age ratings. The Government’s overriding goal here is to ensure that effective protection is in place as the outcome, rather than specifying from the top down how that should be done.
The measures in the Bill will ensure that all streamers are given the incentive to place child protection at the heart of their product development, rather than just relying on the regulator to tell them what the bare minimum is they can get away with. For example, protections such as parental controls and warnings, in addition to age ratings, can be more effective than any individual age-rating system. However, we are listening to what my noble friend and others are saying and have been listening to the debate in another place as well, and we look forward to continuing to debate these issues as the Bill progresses.
My noble friend Lord Black of Brentwood raised concerns about the risk of complaints tourism arising as a result of Ofcom’s regulation of video-on-demand services. As with existing broadcasting regulation, how these rules are implemented would be for Ofcom to set out. However, to be clear, Ofcom will be regulating only on-demand providers’ UK libraries. In addition, following feedback from providers during pre-legislative scrutiny, we have already considered the issue of complaints tourism. The Bill now ensures that Ofcom will be able to consider the length of time that content has been available when considering complaints, which
will reduce mischievous accusations. However, this is not new territory. Ofcom has a long history as an international regulator, and we have full confidence that it has the expertise and powers to deal appropriately with complaints of this nature.
More broadly, noble Lords rightly asked about the additional responsibilities Ofcom has taken on in recent years. As they know from our exchanges on the Online Safety Act, the Government are invested in Ofcom, which has taken on many more staff to cover its additional responsibilities. We are confident that it has the capability and resources it needs. Like others, I am very grateful that the noble Lord, Lord Grade of Yarmouth, attended our debate on the Bill today. Ofcom will continue to be accountable to Parliament. The Bill extends its powers in areas it has much experience in regulating. My department has worked closely with Ofcom throughout the drafting process. As I said in my opening speech, we are very grateful for the contribution it has made.
I am grateful to some—not all—noble Lords for expressing support for the repeal of Section 40 of the Crime and Courts Act. Views differ on this across your Lordships’ House but, as I said, this is a government manifesto commitment. We worry that commencing Section 40 would risk creating a chilling effect on freedom of speech, undermining high quality journalism and causing serious damage to local newspapers. The Government consulted on repeal in 2016. A huge majority of respondents, some 79%, including press freedom organisations such as Reporters Without Borders, backed repealing Section 40, many arguing that it could have stopped publishers undertaking valuable investigative journalism or publishing stories critical of individuals, for fear of being taken to court and having to pay for both sides. However, I look forward to the further debates that I am sure we will have.
The noble Lord, Lord Stevenson, asked about the Press Regulation Panel. As he knows, that was established through a royal charter on the self-regulation of the press in 2013, which is separate from the Crime and Courts Act 2013. The repeal of Section 40 will not affect the Press Regulation Panel. Any press regulator can apply to be recognised by the panel. The panel will continue to recognise, review and report on Impress. It can also recognise other press regulators, should they choose to apply.
My noble friend Lord Astor asked how we can prevent strategic lawsuits against public participation if we repeal Section 40. If enacted, Section 40 would protect only news publishers which are members of an approved regulator. SLAPPs typically target individuals instead of their employers and can target people other than journalists, including consumers, tenants or victims of sexual assault. Many SLAPPs never reach court as their intention is to silence people before the case is pursued. As I hope my noble friend knows, the Government are taking broad action against SLAPPs to create a changed culture and raise awareness of them, alongside legislative change. The task force on SLAPPs that we established published its workplan in December, outlining action from government as well as from media and legal organisations to tackle SLAPPs. The Economic Crime and Corporate Transparency
Act, which received Royal Assent in October, includes measures to tackle economic crime-related SLAPPs, which we believe represent up to 70% of all these lawsuits. The Government are also supporting a Private Member’s Bill introduced in another place by Wayne David MP, Second Reading of which was last Friday. It has cross-party support, and we will update the measures in the 2023 Act to cover a broader scope, blocking SLAPPs across all types of litigation.
I am conscious that I am reaching the end of my time, so I will turn finally to the amendment moved by the noble Lord, Lord Forsyth. The noble Lord, Lord Bassam, asked whether a meeting with the Secretary of State might be possible. As he will appreciate, at the moment she is acting in a quasi-judicial capacity in relation to this matter, so she is very restricted in what she can say. A meeting would not therefore be helpful. However, I and other Ministers have kept your Lordships’ House and the other place updated as much as we are able to while that legal process unfurls. I pointed in—