Baroness Thornton:

Moved by Baroness Thornton

13: After Clause 7 insert the following new Clause—“Delivery of public service content on relevant television servicesAfter section 264A of the Communications Act 2003, insert—“264B Delivery of public service content on relevant television services(1) OFCOM must monitor the extent to which the public service remit for television in the United Kingdom is met in respect of relevant television services. (2) If OFCOM considers that the public service remit for television in the United Kingdom is not being met in respect of such services, it may set whatever programming quotas it considers necessary to ensure that the remit is met.(3) For the purposes of this section, “relevant television services” means—(a) the television broadcasting services provided by the BBC;(b) the television programme services that are public services of the Welsh Authority (within the meaning of section 207);(c) every Channel 3 service;(d) Channel 4;(e) Channel 5.””Member's explanatory statementThis new Clause would give OFCOM powers to measure the delivery of public service content on the linear services of the public service broadcasters, and set quotas if it considered the current level to be unsatisfactory. This is to ensure access to content for viewers reliant on linear TV services.

My Lords, Amendment 13 in my name hopes to force a discussion raised by these Benches and by the noble Baroness, Lady Fraser. The amendment seeks to introduce a safeguard so that, if Ofcom believes that delivery of PSB content on broadcast linear services is less than satisfactory, it will have the powers needed to set a quota to ensure that a certain proportion of public service content remains available to linear audiences through a broadcast signal. In short, quality should remain available to those families up and down the country who rely on their TV rather than watch online content.

This new clause makes no prescriptive requirements on how that should be achieved, nor does it set a specific figure on how many programmes might be available; it simply allows Ofcom to monitor the effects of the Bill. There is, and there is likely to remain, a section of the population for whom a broadcast signal is their sole connection to media, news, entertainment and information. Therefore, it is important that those people— some of whom more likely to be older citizens, families in rural areas and those struggling with bills as a result of the cost of living—are able to access their media. My husband regularly updates, as I told the House before, so I have ended up with an enormous television screen and lots and lots of choice willy-nilly, but I know that that is something that lots of families may not be able to afford.

This case has been argued extensively by the campaign group Broadcast 2040+, which is made up of a number of concerned organisations. We recognise that the direction of travel is that people are watching content online more than ever, but that does not mean there should be diminishing content on broadcast linear services, especially where that content caters to a local audience. That belief goes beyond the Bill and into wider worries about the impact that a digital-first strategy would have on traditional means of broadcasting, and, as a result, on audiences.

My new clause, therefore, introduces this safeguard and gives Ofcom the power to take action and monitor the effects of the Bill. As well as encouraging the Minister to accept this new clause, I also ask him to update us on whether the Government intend to support linear broadcasting beyond 2034, and, if they do not, what plans they are putting in place to manage possible transition away from linear services. This is just the beginning of the conversation. I beg to move.

My Lords, I rise to speak to my Amendment 32, and I thank the noble Baroness, Lady Featherstone, for her support and for adding her name. I draw your Lordships’ attention to my interest in the register as a board member of Creative Scotland.

My Amendment 32 seeks to protect the provision of digital terrestrial television—DTT. As the noble Baroness, Lady Thornton, outlined, the current provision of DTT is due to run out in 2034. Without this amendment, we could see a decline in the universality of free-to-air public service broadcasting and the further exclusion of vulnerable parts of our population who are already digitally excluded. This amendment safeguards the long-term future of these services to ensure that broadcast TV and radio that is free at the point of consumption will continue to be available across the UK.

The recent World Radiocommunication Conference in Dubai secured digital terrestrial television’s place as the exclusive primary service in the crucial 470 to 694 megahertz frequency band across ITU region 1. This has secured reliable access to the radio frequency spectrum and regulatory conditions needed to deliver broadcast services such as DTT across the UK, and it solidifies their central role in the broadcasting landscape. However, I note that a further debate on spectrum use and future needs is scheduled for 2031, meaning that the call for certainty to 2040 and beyond is even more vital.

Let me be clear that I am not trying to act against the tide of progress towards IP delivery of television. However, I have spent far too much time looking at digital exclusion—most recently as a member of the Communications and Digital Committee of your Lordships’ House—not to understand the fatal flaws in believing that broadband provision will be the universal answer within 10 years. Our committee’s recent Digital Exclusion report noted that, even if rollout continues across the UK, take-up would not necessarily follow. Social broadband tariffs are still expensive; they are an additional monthly cost for the financially vulnerable—often with half the speed—and far too many people who could benefit from them do not even know that they exist.

Living in Scotland, I appreciate the fragility of the broadband network: how easily it is adversely affected by the weather and how so many parts of the country do not receive the speeds that are advertised by the providers. In fact, just this afternoon, I picked up on an email from a colleague from Alzheimer Scotland who has just done a piece of work on the impact on the elderly and vulnerable of BT moving all the telephone lines to digital. It is a shocking piece of work, looking at how this group has been left behind and how the telecom companies’ assurances about addressing the needs of vulnerable people have not been fully acted on.

A recent study by EY predicted that, regardless of rollout, more than 5.5 million properties in the UK will not have a high-speed broadband subscription in 2040. In contrast, DTT is free if you pay your licence fee. Yet, currently, these services, which the Digital Poverty Alliance describes as a “lifeline”, have no guarantee of a secure future. The Ofcom Online Nation report confirms that 6% of UK adults lack an internet connection at home. This is higher in Wales and Scotland, higher among older audiences—20% of people over 65 do not have an internet connection at home—and higher among people with disability, 11% of whom do not have one. As things stand, these populations face the threat of terrestrial TV being switched off forever within a decade, and many of the most vulnerable and excluded are in danger of being left further isolated.

There are many examples of different technologies coexisting alongside one another and providing customers with choice on how they access services. The e-book did not mean the end of the paperback. But perhaps the best example for today is the need to retain cash as a means of payment. As the number of card and digital payments rose, there was a risk, as banks closed cash machines, that cash could disappear, which would disproportionately hurt those who relied on cash, including vulnerable groups such as the elderly and those on lower incomes. The Government stepped in to provide legal guarantees to protect access to cash, in the Financial Services and Markets Act 2023. The case for protecting DTT is even stronger, as DTT accounts for about 43% of broadcast TV viewing, whereas cash represented only about 14% of payments in 2022.

Some 90% of the Great British public want a universal free-to-air broadcast service to continue. While I can understand that the PSBs are mindful of future cost burdens, even they appreciate, as ITV’s briefing for today’s debate says:

“We need to make sure that PSBs can continue to make their services universally available, that the millions of viewers who still rely on DTT are not disenfranchised”.

Part of the answer to making sure that people are not left behind is to continue the rollout of high-quality broadband, but the other part is to ensure that everyone can continue to receive universal content and that broadcast TV and radio will not require a superfast broadband connection or expensive monthly subscriptions. Amendment 32 would put into law a legal protection for these crucial services by placing a duty on government to keep issuing multiplex licences and on Ofcom to make available sufficient radio spectrum. Without this firm steer, terrestrial television faces an uncertain future. Any such extension could become prohibitively costly as PSBs begin to de-invest in the network over the next decade in favour of putting all their resources into IP provision.

When similar amendments were debated in the other place, the Minister of State for Culture, Media and Sport stated that 2034 is not a cliff-edge moment and seemed to confirm the Government’s commitment to DTT and the communities who rely on it. She acknowledged that, even after 2034, Ofcom would retain the ability to readvertise the multiplex licences, and for public service broadcasters to continue distributing their linear channels over DTT. She hinted that these services would have a longer shelf life than 2034. If that is the case, the Minister should have no issue with making a firm commitment now.

My Lords, I shall speak to Amendment 32, to which I have added my name. The noble Baroness, Lady Fraser of Craigmaddie, has made an excellent case—I am not sure that I need to speak, but I am going to regardless—for the longer retention of this significant broadcasting platform, which serves millions of households and is a vital lifeline for the many who will become members of the digitally excluded if there is no extension to the current regime. According to statistics from Ofcom, in 2021, around 7% of United Kingdom households relied solely on DTT for their television viewing, and it is currently accessible to 98.5% of the population—pretty much everyone. If and when this goes ahead, those who rely on DTT and cannot for whatever reason—whether it is poverty or otherwise—transition to satellite, cable or internet-based services will be cut off, and the people in that position will obviously be the most vulnerable or poorest.

Television plays a central role in the lives of many people, including me; I love television. It provides entertainment and information, as well as a sense of shared experience and companionship. For those who are not tech savvy or have no access to alternative forms of television, it will be devastating. Transitioning to those alternatives is expensive. Potential upfront costs for equipment such as satellite dishes, set-top boxes and smart TVs for households on limited budgets will be unaffordable. We will be looking at an increase in social isolation and loneliness and loss of mental stimulation and cognitive function, as well as loss of emotional well-being and stress relief. There will be a cessation of access to information and news and physical health impacts.

I assume that this is a probing amendment at this point. I hope that the Minister will agree to extend the deadline for the termination of DTT but will also say something about financial or other support for those who are literally dependent on DTT and who will be adversely affected by its termination should the Government not be swayed by the amendments.

The ending of DTT would also have implications for the broadcasting industry. Distribution strategies will need to change. There will probably be a need to renegotiate contracts with distribution partners and to invest in new technology to deliver content over alternative channels. There may be a loss of advertising revenue; costs to consumers for subscription fees to alternative services; equipment and infrastructure costs for both consumers and suppliers; and an economic impact on related industries, because the broadcasting industry is interconnected with various other sectors of the economy, including advertising, content production and technology manufacturing. Losing DTT will have ripple effects throughout those industries, leading to job losses, reduced investment and decreased economic activity.

We will also see the exacerbation of the digital divide, as so well documented, as the noble Baroness said, in the Communications and Digital Committee’s report, Digital Exclusion. There will be increasing disparities in access to television services between different socioeconomic groups. While urban areas may have access to a wide range of alternative services, rural and remote areas will have limited choices and poorer quality of service, which would further marginalise communities that already face barriers to accessing digital technology.

Further, DTT plays a critical role in emergency broadcasting, warnings to the public and so on. Having just gone through the Covid experience, we know how important that is. The loss of DTT could compromise the effectiveness of emergency broadcasting systems, particularly for individuals who rely solely on over-the-air broadcasting. The loss of DTT, which supports public service broadcasting, could also diminish the availability of programming that serves the public interest—we heard how vital that is in our earlier debate on the first group of amendments—including educational content, cultural programming and programming for minority audiences. It could also reduce diversity in the media landscape, particularly if alternative platforms prioritise commercial interest over public service obligations, which I fear may be the case.

The Broadcast 2040+ campaign, as has been mentioned, is fighting this corner and has two core messages to deliver to the Government. The first is that broadcast services are relied on by millions of people and must be protected, and the second is that the Government must act now to safeguard these vital national assets for the long term, into the 2040s and beyond. I very much hope that the Minister will be able to address the issues that I have raised, and I look forward to his response.

I was going to speak to these amendments, but they have been so comprehensively covered by the noble Baronesses, Lady Thornton and Lady Fraser, and my noble friend Lady Featherstone that I will just say that I support the amendments and I hope that the Minister has listened and will respond positively.

I thank the noble Baroness for her brevity. I am grateful to the noble Baronesses who have taken part in this debate. I am particularly grateful to the noble Baroness, Lady Thornton, for tabling Amendment 13, which has facilitated an important debate about the provision of linear TV by our public service broadcasters. That is an important aspect of a wider debate about the future of the UK’s television distribution infrastructure.

With regard to linear television, in bringing forward this Bill, we have looked to strike a careful balance between allowing the public service broadcasters to deliver their content more flexibly and ensuring that this continues to suit the needs of audiences across the UK. Indeed, new Section 264(4)(a) of the Communications Act, introduced by Clause 1 of the Bill, requires that, for the remit to be fulfilled, the public service broadcasters must make available content in a manner that satisfies

“as many … audiences as practicable”.

I am glad to say there is an existing requirement on public service broadcasters to deliver a linear service, and they must use this, at a minimum, to deliver their news and current affairs quotas. This is a requirement in primary legislation, which Ofcom is required to report on and enforce. In sum, we know that many viewers still want to receive linear television—for example, over digital terrestrial television, satellite or on a hybrid TV—and the public service broadcasters are required to meet this need. I hope that what I have said today has reassured the noble Baroness that adequate protections for linear television are already in place, and that her Amendment 13 is not needed.

As for Amendment 32, from my noble friend Lady Fraser of Craigmaddie, I know that she has had the opportunity to discuss some aspects of the Bill with my honourable friend Julia Lopez, the Minister in another place, and I am grateful for her engagement on this issue. I know that she and other noble Lords are as keen as we are to ensure that our television distribution infrastructure continues to serve audiences across the UK. Her amendment looks to protect the future of digital terrestrial television, or DTT, the technology that underpins the popular Freeview platform. I am glad to reassure her and other noble Lords that the Government remain committed to the future of DTT. We know that millions of households across the UK rely on it, and we expect that situation to continue over the next decade. That is why we have legislated to secure the continuity of this infrastructure until at least 2034, as she mentioned.

I reassure the noble Baroness, Lady Thornton, and others that this legislative commitment does not mean that DTT will automatically cease in 2034. The framework that supports its provision is set out in law, so even if nothing were done, Ofcom would still be able to re-advertise the multiplex licences, and our public service broadcasters would still be required to continue distributing linear channels over digital terrestrial television. In fact, to turn off DTT, there would need to be specific primary legislation; for example, to revoke the multiplexing regime. Should the Government of the day—who may still be us in 10 years’ time, or who may be somebody else—seek to bring forward such legislation, I have no doubt that your Lordships’ House would want to provide robust scrutiny of it. Given that legal position, my noble friend’s Amendment 32 would have limited effect, but I appreciate that it is also focused more broadly on ensuring that audiences across the UK remain protected and covered, and I am glad to say that that is our focus too.

To ensure that we continue to put audiences at the heart of policy in this area, of course we need to understand how their preferences are changing over time, because as many more people choose to watch some or all of their television online, and as the connectivity that allows them to do so gets better over time, the economic and public policy rationale for supporting DTT changes. That is why my right honourable friend the Secretary of State announced last year a project to consider the future of TV distribution, and it is why, just this morning, my honourable friend the Minister for Media, Tourism and Creative Industries, Julia Lopez, used a speech at the Digital Television Group’s annual summit to provide an update on the progress of this project, including sharing some of the early outputs of the independent research project we commissioned. I will be very happy to share a copy of my honourable friend’s speech if noble Lords would like to see it.

This project is taking a broad approach and must be allowed to consider all possible options for the future of broadcasting in the UK. For in this situation, even a decision to maintain the status quo would, in the context of changing viewership, have quite serious consequences. Audiences are at the heart of this project and, as Julia Lopez announced this morning, we will be launching a new project to engage viewers and make sure that we understand their perspectives. We have also commissioned a six-month independent research project from a consortium led by academics from the University of Exeter. We hope to be able to publish this research in the coming weeks, to help inform this important and continuing debate.

By taking the time to complete this project before making legislative changes, and working with world-class researchers in this way, we will be able to make an evidence-based assessment of what will best serve audiences across the UK, now and in the future. I hope that, on the basis of those reassurances, my noble friend will feel able not to press her amendment, but I know she will continue to maintain her scrutiny of this area of the Bill, not least through her work on your Lordships’ committee, as she mentioned.

I start by thanking the noble Baroness, Lady Fraser. As she was speaking, I was thinking, “Oh, I wish I’d said that”. It was a very coherent laying out of the issues. I also thank the noble Baroness, Lady Featherstone, for her support.

It is clear that this is a process, and a discussion will be needed all the way through it. I hope that Broadcast 2040+ is involved in some of the research and consultation that the department is doing, because there are 5.5 million premises that do not have high-speed broadband at the moment, and whose critical traditional TV and radio services have to be protected. We have to be able to take that into consideration.

The thing that troubled me a little about what the Minister said—which was reassuring in many ways—is that this is a very permissive matter for Ofcom. It is permitted still to make and advertise the licences. The question then is why it would do that. What are the criteria it would use for doing that? Those are the issues we need to tease out. We probably need to do that in the next little while because of the process of this Bill, which is about future-proofing. We are talking about how we ensure that linear television and radio, and so on, are still available to those who need it in the future. That said, I beg leave to withdraw my amendment.

Amendment 13 withdrawn.

Clause 8: Quotas: independent productions