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Submission to the Joint Committee on the Draft Communications Bill by the Campaign for Press and Broadcasting Freedom
1. About the Campaign for Press and Broadcasting Freedom
1.1 The Campaign for Press and Broadcasting Freedom (CPBF) was founded in 1979 to promote
accountability, diversity and plurality in mass communications. The Campaign works closely with
trade unions representing media and communications professionals and with them has been
organising a series of conferences and public meetings on the Communications Bill around the
country. We also work with public interest groups, trade unions, academics and individuals inside and
outside the media. One particular strand of our work has been to track and analyse the distorting
impact which excessive media concentration can have on the democratic process, and on broader
social, cultural and economic activities. Our responses to previous consultations on communications
regulation are available at www.cpbf.org.uk.
1.2 We have restricted our comments below to key concerns and recommendations in line with the
Joint Committee’s request. We welcome this opportunity to provide written evidence and we hope the
Committee will wish to invite us to give oral evidence at its forthcoming hearings.
2. General comments on the Communications Bill
2.1 The draft Communications Bill proposes a radical redrawing of media ownership rules which will
make them the most liberal in the world and will diminish already weakened levels of protection of
plurality and diversity. The Bill extends ‘light touch’ regulation in a manner which will roll back
regulatory safeguards across the media. By setting up a centralized Office of Communications,
reducing public service obligations and loosening ownership regulations, the Bill will sideline quality,
accountability and diversity.
2.2 Over the last 20 years communications policy has shifted decisively towards serving the interests
of large commercial companies. From a democratic perspective, it is vital that communications
regulation is shaped by and is accountable to wider public interests and that it exercises control
against powerful commercial and sectoral interests in order to secure wider public policy objectives.
The government needs to revise the Bill if we are to avoid ending up with a media system dominated
by powerful commercial companies, such as now exists in the United States.
3. The objectives of OFCOM
3.1 A major part of OFCOM’s remit should be the promotion of high quality communications which
inform, educate and entertain and which fully reflect the range of opinions and cultures in the UK,
across all the major services. All satellite and terrestrial broadcasting licensees should be subject to
regulatory requirements (and in some cases economic incentives) to increase the amount of public
service programming they carry and OFCOM should have the responsibility for monitoring and
enforcing these
obligations by including them in detail in the licenses granted.
3.2 To act in the wider public interest the OFCOM board needs to be constituted by democratic
nomination from the devolved institutions and by UK wide associations with a major interest in the
media, including, educational bodies, cultural organisations, NGOs and trade unions. In particular the
devolved assemblies should have the right to nominate members of OFCOM, to both the main board
and any sub-boards.
3.3 OFCOM's powers to act as a complaints body should be removed and complaints concerning
communications media (including the press) should be dealt with by a separate body, independent of
OFCOM.
4. Content regulation
4. 1 The Content board and Consumer panel should be constituted as bodies separate to OFCOM with powers
to instruct OFCOM to enforce high quality services and public service commitments across major providers.
Both should be representative in composition and accountable in their operations.
5. Competition Regulation
5.1 As the former EC Competition Commissioner Van Miert stated ‘We cannot use competition rules to govern
democratic issues.’ Communications regulation needs to be based on the recognition that media contribute to
pluralism, diversity and quality of information and hence require a separate regulatory structure from that which
governs other parts of the national and global economy. Providing OFCOM with concurrent powers with the
OFT significantly limits how it may evaluate competition matters.
5.2 In assessing market power through economic considerations, competition law is unable to grasp more
complex forms of media power which regulation for media pluralism has traditionally sought to address. Narrow
definition of the relevant market may ignore cross-media holdings and the significant media power arising from
these. Competition regulation may tolerate monopoly or oligopoly provided that markets are economically
speaking ‘contestable’ and so allow conditions that may threaten pluralism. In contrast, the public policy concept
underpinning media ownership rules concerns the effects of concentration on the public interest rather than on
competition.
5.3 OFCOM must be granted powers and have clear obligations to secure specific public interests in
communications over and above the application of general competition powers.
5.4 The relaxation of cross-media ownership rules for local radio and newspapers go against the Bill’s stated
aim to protect pluralism. We believe the proposed changes in local/regional newspaper ownership are made in
response to the media industry lobbies, are ill thought out, and should not be implemented until a full competition
inquiry has been carried out. We oppose deregulation of ownership in national radio.
6. Public Service Broadcasting
6.1 The Bill should ensure a continued commitment to a public service system in British broadcasting, rather than
a commercial system with a few protected public service ‘remits’.
6.2 The deregulatory thrust of the Bill is best exemplified by the approach to the BBC. Instead of building on the
success of publicly funded broadcasting and applying the standards of the BBC across the output of other major
providers, the Bill proposes to apply the same deregulatory standards to the BBC as it does to its commercial
competitors. The BBC will be 'subject to increased external regulation while other public service broadcasters
will face reduced external regulation. Thus the BBC's position will be brought closer to other broadcasters'
(8.2.1). OFCOM, whose main purpose is to promote economic competition in the media as well as to lift
'burdens' in the sector, will be bringing its overwhelmingly commercially orientated outlook to bear on
scrutinising the BBC. The effect of this will be to create a regime where the commercial operators, whose
interests OFCOM has been created to uphold, will be able to pressurise OFCOM into demanding that the BBC
does not compete with them in designated commercially profitable areas, using the arguments that there is not a
'level playing field' and that publicly funded media should not undermine commercial operations. The BBC's
remit in areas such as popular comedy, sport and drama will come under direct pressure, as well as any plans
the BBC might have for expanding public services.
6.3 The BBC should remain separately regulated, particularly given the structure of OFCOM and its stated
deregulatory aims.
6.4 Positive programming requirements and regulation concerning programme standards, advertising and
promotions should be strengthened for ITV and Channels 4 and 5. Non-terrestrial broadcasters should be
included within the regulatory framework.
6.5 There should be research into overlap and convergence between digital television and other
communications media, particularly the Internet. There should be clearer statements about broadcasters’
obligations when using other media, given that these too are potentially part of a public service system.
6.6 The regional ITV franchises with their obligations to local news, current affairs and general programming
must be retained. The Public Service Broadcasting requirements on ITV broadcasters should not be lowered
but remain at the same level as the BBC. Licenses must carry requirements to maintain not just local news but
programme production in all the main centres of franchise areas, including current affairs and magazine
programmes, drama, access programming and cultural coverage. There must be no further consolidation of ITV
ownership. The companies must also engage separate advertising sales operations, to prevent market fixing.
6.7 The ITV news contract should be the subject of a separate franchise, in the same way that the national
breakfast franchise is separately awarded. OFCOM should award the licence and ensure directly that it is
adequately funded. No single company should be allowed to hold a controlling interest.
7. The role of the Consumer Panel
7.1. The remit of the Consumer panel is narrowly drawn and should be expanded. Consumer welfare and
protection must include matters such as the separation of editorial and advertising matter in all media and the
nature and extent of commercial material in communications.
8. Foreign Ownership and the EU Television Without Frontiers Directive
8.1 We believe the prohibition on non-EEA ownership of broadcasting licenses should remain.
8.2 We also believe that the proposal in the European Television Without Frontiers Directive, that 50% of
programmes broadcast within the European Union should be made by European audio-visual companies, should
be applied more rigorously. This could be effectively enforced by stating the requirement explicitly in the Bill.
Campaign for Press and Broadcasting Freedom
6 June 2002
CPBF
23 Orford Road
London E17 9NL
Tel. 8521 5932
Freepress@cpbf.org.uk
www.cpbf.org.uk
Last modified: Wednesday, June 12, 2002
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Notices
Events & Announcements
World Press Freedom Day
More reporters are currently imprisoned in Turkey than in any other country in the world. Only a matter of weeks ago lawyers failed to persuade a Turkish court to release a 76-year-old journalist from a Turkish internet news station.
World Press Freedom Day on Friday May 3, 2013 is being marked in Britain by a rally to highlight the dangers facing journalists in Turkey and in this podcast, Nicholas Jones speaks to Barry White, Organiser at the Campaign for Press and Broadcasting Freedom, and Sam Bamford, the TUC's policy officer for Eastern Europe and Africa about the importance of a campaign to highlight international press freedom.
The World Press Freedom Day rally is being staged by the National Union of Journalists at the NUJ head office, Gray’s Inn Road, London WC1 on Thursday May 2, 6pm-8pm.
DATELINE: 27/4/13
UK launch of EU media campaign
DATELINE: 13/3/13
The UK launch of a 'European Citizens' Initiative' calling for EU rules against concentration of media power will take place on Thursday March 21 from 11:00am – 12:30pm in Committee Room 4A at the House of Lords, London. Guest speakers will include actor and activist Hugh Grant (pictured), media consultant Claire Enders, Professor Steven Barnett, Barry McCall (President of the NUJ) and Marc Gruber (Director of the European Federation of Journalists).
A European Citizens' Initiative is an official petition, like a Downing Street petition. If it succeeds in gathering a million signatures across the EU, the Commission is obliged to respond.
This petition calls for the EU to act to protect media pluralism and press freedom.
CPBF Annual General Meeting
DATELINE: 1/3/13
Make a note in your diary
Saturday 13 July 2013 from 10.00am
NUJ HQ, 308/312 Gray's Inn Road, London WC1.
Leveson, media ownership, CPBF future work.
DOWNLOAD FREEPRESS NOW
DATELINE: 26/3/10
Download Freepress in PDF, ePub or mobi format. Issue 194 now available.
MEDIA FOR ALL CONFERENCE
DATELINE: 26/3/10
Papers from the Media for All Conference
MEDIA MANIFESTO
DATELINE: 26/3/10
The media’s job is to inform and entertain us but we rely on them too to tell us what our rulers and representatives are up to. In the run-up to the Iraq war the government used spin and disinformation in the media to create panic and mislead people. The truth is coming out now, but we need stronger, more independent media to be able to scrutinise governments and make informed choices.
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Previous stories
Government Policy
The Dangers of Media Deregulation
Will opening the door to international ownership benefit UK media?
The BBC
Tiers threat to Public Service
Citizens and consumers
Where is Scotland in the Communications Bill?
A MARKET-DRIVEN BILL
Comms Bill scrutiny starts today
'Where is Scotland in the Communications Bill?' ask media campaigners
'Where is Wales, public service and quality in Communications Bill?' ask Welsh media campaigners.
Communications Bill ‘puts market-driven media before public interest’ warns CPBF
Communications Bill unveiled....
CULTURE MEDIA AND SPORT COMMITTEE: HOUSE OF COMMONS (SESSION 2001-02), 1 May 2002, No 25
Wales needs more public debate on communications policy
NO OFCOM SEATS FOR REGIONS - but battle to defend regional voice goes on
A Voice for Scotland
Communications Bill Roundup - Ownership Consultation
ITN NEWS PROVISION
Summary Response to Consultation on Media Ownership Rules
Culture Minister Promises Wide Consultation on Bill
RESPONSE TO CONSULTATION ON MEDIA OWNERSHIP RULES
BY DCMS and DTI (November 2001)
Wales and the Future of Mass Communications:
Cymru a Dyfodol Cyfathrebu Torfol
The State of the Media - Media Policy and the need for reform.
The Danger in a Reasonable Approach
ITN to Embrace Madonna
Wales, OFCOM and the democratic deficit
Roadshows raise awareness
Trade unionists take up the gauntlet
CPBF to give oral evidence on bill
Media Ownership Consultation
