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Digital Economy Bill [HL]

My Lords, I am grateful to the noble Lord, Lord Howard of Rising, for introducing this amendment and to the noble Lord, Lord Fowler, for his comments. It will already have been recognised in our debates on the two preceding groups of amendments that the Government have listened carefully to the anxieties that have been expressed in parts of the House about this issue. We have sought to respond as constructively as we can. When we spoke about the issue in Committee, we made clear the importance of placing consideration of the need to promote investment in public service media content as one of the most important qualifiers of Ofcom’s principal duty. We made it clear that paragraph (b) places a clear requirement on Ofcom always to consider the impact of its decisions on the need to invest in public service media content. Public service media content aims to fulfil the specific objectives set out in the Communications Act 2003 for the benefit of the public. The noble Lord, Lord Fowler, is undoubtedly an authority on that Act, and I have no doubt the noble Lord, Lord Howard of Rising, is becoming one. Certainly, I recall that the noble Lord, Lord Fowler, spent a great deal of time debating these issues when the Communications Act was eventually passed in 2003. The specific objective set out in that Act is the benefit to the public. That objective is highly valued by viewers and listeners and has clear social and economic benefits for the UK. Plurality of public service media content drives healthy competition with the BBC—I am sure that that will commend itself to the noble Lord, Lord Howard of Rising, and to his noble friend—and with purely commercial content. I emphasise that, in fulfilling this obligation, Ofcom is not taking on new powers. This is a clarification of the powers that Ofcom has under the Communications Act in circumstances where, from time to time, the changing nature of media presents real and obvious anxieties. Changes to the market in recent years threaten aspects of public service media content. I know that the noble Lord, Lord Fowler, and the House committee that he chairs have drawn attention to these matters when we have debated these points in the House on the broader issue of broadcasting policy. We consider that Ofcom’s existing duty to consider, where relevant, the desirability of promoting the fulfilment of the purposes of public service broadcasting no longer goes far enough. We risk losing plurality in certain genres of public service content. We are not seeking to make Ofcom intrusive but to see that it is placed to evaluate where it can encourage investment and where loss of plurality would be a cost to society. I know that the noble Lord, Lord Howard of Rising, sometimes needs persuading on this point, but we are concerned to emphasise that economic benefits must include social benefits for the community in terms of access to a plurality of sources of provision. It would be detrimental to society and to the industry if we saw erosion take place in that regard, and Ofcom would have no powers to respond to it. The House will appreciate that the Bill seeks to project the discussion and the necessary provisions into the immediately foreseeable future and the more distant future. We want to see Ofcom adequately equipped to fulfil its obligations in that context. Clause 1 therefore strengthens Ofcom’s existing duty under the Communications Act and makes a firm commitment to the need to promote investment in our public service media content. A few moments ago, we sought from the government side to clarify the meaning of this clause by additional amendments, which is a reflection of the debate that we had in Committee. I hope, therefore, that that is regarded as progress. I emphasise that we cannot predetermine the form and delivery of public service media content in every respect in the years to come. This is obvious from the rapid changes which have arisen from digitalisation over the past decade. It is important that Clause 1 gives Ofcom sufficient flexibility to take into account new forms of public service media content provided by means of the internet, where it is appropriate to do so. I emphasise—at least to allay, if I can, the concerns of the noble Lord, Lord Howard; and I think that I will probably be able take the noble Lord, Lord Fowler, with me on this point, though I may be presuming too much—that Ofcom will be required to consider the need to promote investment in public service media content only when performing its principal duty as identified in the 2003 Act—and nothing in this Bill detracts from it—to further the interests of citizens and consumers as it carries out its functions. That is the context in which Ofcom will continue to act. I hope that the noble Lord will therefore feel that the Government’s case is made out, against the background of the emendations that we have made by the previous government amendments, and that he can safely withdraw his amendment.