My Lords, Amendments 46 and 47 are in my name and that of the noble Baroness, Lady Bonham-Carter. We had a bit of a knock-around on “prominence” at Second Reading—was it “appropriate”, “significant” or, as the right reverend Prelate ventured, neither? Indeed, he was right; the word itself should be enough, for the Oxford English dictionary defines it as
“the state of being important, well known, or easy to notice”.
We want the PSBs, on any screen that offers choices between PSBs and streamers, to be important, well-known, and very easy to notice. It is vital, as commercial operators do not always want us to choose the PSB, because their gods are commercial. As we know, things can get very small and difficult on-screen when customers choosing it means less income—think about how hard it is to find that tiny “unsubscribe” notice when we want to get out of emails from some commercial arrangement we no longer want. It is not in commercial entities’ interests to make life easy for us; that is why we have to mandate and prescribe “prominence”. We on these Benches do not believe it is sufficient to leave it to Ofcom to define. I have heard the arguments about “appropriate” being perfectly adequate, and we beg to disagree.
For clarity, I am trying to get across that we on these Benches believe that prominence must be defined in legislation to guide Ofcom, and not be left open-ended for it. That definition should be crystal clear: that in every and any situation where channel choice is being offered, the PSB logo or whatever should be of equal or greater prominence to any other choice offered on the electronic programme guides.
The dangers of not specifying what prominence means or seeks to achieve in the Bill could include a loss of funding. PSBs often rely on public funding or subsidies to fulfil their mandate of providing programming that serves the public interest; without prominence, they may struggle to attract viewership and advertising
revenue, leading to financial difficulties that could jeopardise their ability to produce the sort of high-quality content we want them to. PSBs may find it challenging to reach a wide audience, particularly in a crowded media landscape where viewers have numerous options for their entertainment; that could lead to a decline in their influence and relevance, making it harder for them to fulfil their role as a source of impartial news, educational programming and cultural content.
The public service mandate could be undermined, as PSBs are tasked with providing programming that serves the public interest, including news, current affairs and educational content. Without prominence, they may struggle, and their content may be overshadowed by commercial broadcasters or streaming services prioritising profit. It could also be a threat to media diversity and cause a loss of trust and accountability. Lastly, if public service broadcasters are not given prominence in a democratic society, there are issues around this that could arise: an erosion of media pluralism, a threat to freedom of information, diminished public discourse, a loss of accountability, and the undermining of democratic values, social cohesion, education and lifelong learning, and cultural preservation.
As this is a probing amendment, I encourage the Minister to think about bringing back his own amendment as an instruction to Ofcom in dealing with prominence, to say that, however it writes it regulations, PSBs must have equal or greater prominence than any other offer on the screen.