Select Committee on Scottish Affairs Appendices to the Minutes of Evidence


APPENDIX 3

Memorandum submitted by the Department for Culture, Media and Sport (PDB 8)

  1.  This memorandum is provided at the request of the Scottish Affairs Committee to inform its inquiry into the effects of devolution on the structure of news and current affairs broadcasting in Scotland.

INTRODUCTION

  2.  Broadcasting is a matter reserved to the UK Parliament. This reflects the fact that increasingly broadcasting is no respecter of national boundaries, and that establishing the multiple systems of regulation that would be necessary if responsibility were devolved would risk impairing the competitiveness of the UK broadcasting industry.

  3.  The UK has a well-established tradition of regional broadcasting, delivered principally through the Channel 3 network and the BBC's regional variations and local radio services. Broadcasting also plays an important role in supporting the creative industries throughout the UK through regional production and commissioning.

  4.  The UK Government sets a framework for broadcasting through the Broadcasting Acts 1990 and 1996 and through the BBC Charter and Agreement. Further details are given in paragraphs 5-12 below. Within this framework, responsibility for what is broadcast on television and radio rests with the broadcasters and the broadcasting regulatory bodies—the Governors of the BBC, the Independent Television Commission, the Welsh Fourth Channel Authority (S4C), the Broadcasting Standards Commission and the Radio Authority. They are independent of the Government and responsible for safeguarding the public interest in broadcasting.

BROADCASTING ACTS 1990 AND 1996

News Programming

  5.  The Broadcasting Act 1990 sets out the procedure to be followed by the Independent Television Commission (ITC) in connection with consideration of applications for a licence. Under section 16(1) of the Act, the ITC must ensure that a proposed Channel 3 service complies with a number of requirements set out in the Act. These include, at section 16(2)(a), that a sufficient amount of time is given in the programmes included in the service to news and current affairs programmes which are of high quality and deal with both national and international matters. Such news programmes must be broadcast at intervals throughout the period for which the service is provided and, in particular, at peak viewing times. These provisions are extended to Channel 5 by virtue of section 29(2)(b).

  6.  In addition, section 31(1) of the 1990 Act specifies that a Channel 3 or Channel 5 licence shall include conditions requiring the licence holder to broadcast in the service news programmes of high quality dealing with national and international matters, and to broadcast these programmes at intervals throughout the period for which the service is provided and in particular at peak viewing times.

  7.  Under section 25(2)(d) of the 1990 Act the ITC must ensure that Channel 4's licence includes conditions requiring it to devote a sufficient amount of time in Channel 4 programmes to news and current affairs programmes which are of high quality.

REGIONAL PROGRAMMING AND PRODUCTION

  8.  Under section 16(2)(c) of the 1990 Act, the ITC must ensure that a sufficient amount of time is given in the programmes included in a Channel 3 service to (i) a suitable range of regional programmes, that is programmes (including news programmes) which are of particular interest to persons living within the area for which the service is provided and, (ii) where appropriate, a suitable range of programmes for each of the different parts of that area or for each of the different communities living within it. The ITC must also ensure that any news programmes so included are of high quality.

  9.  Under section 16(2)(d), the ITC must ensure that a suitable proportion of the regional programmes included in a Channel 3 service in accordance with section 16(2)(c) are made within the area for which the service is to be provided.

GAELIC BROADCASTING

  10.  The Broadcasting Acts 1990 and 1996 make specific provision for broadcasting in the Gaelic language, although there are no specific requirements with regard to news or current affairs programming. Section 183 of the 1990 Act establishes the Gaelic Television Fund, administered by the Gaelic Television (now Broadcasting) Committee and section 183(4) specifies how the Fund may be applied by the Committee. Section 184 of this Act makes provision for the broadcasting of Gaelic television programmes on Channel 3 in Scotland. Section 32 of the 1996 Act makes provision for the digital broadcasting of Gaelic programmes.

BBC CHARTER AND AGREEMENT

  11.  The Agreement between the BBC and the Secretary of State for Culture, Media and Sport sets out requirements relating to programme content and standards for the Corporation's public services. Clause 3.2(c) of the Agreement requires the BBC to provide programming containing comprehensive, authoritative and impartial coverage of news and current affairs in the UK and throughout the world to support fair and informed debate at local, regional and national levels. Clause 3.2(g) requires it to provide programming that reflects the lives and concerns of both local and national audiences.

  12.  Clause 3.2(h) requires the BBC to provide programming that contains a reasonable proportion and range of programmes for national audiences made in Northern Ireland, Scotland, Wales and in the English regions outside London and the South East.

COMMUNICATIONS WHITE PAPERA NEW FUTURE FOR COMMUNICATIONS

  13.  The Communications White Paper, published in December 2000, set out proposals for a new framework for communications regulation in the 21st century. It made clear the Government's commitment to retain and strengthen the regional and national dimension to public service broadcasting and to ensure that it continues to meet the needs of different communities and cultural interests. The White Paper also confirmed the strong support for the regional identity of Channel 3 companies and recognised that Channel 3's distinctiveness and strength lies in its regional commissioning of new and high quality programming.

  14.  Under the three tier structure for the regulation of broadcasting proposed in the White Paper, public service broadcasters will be required to agree targets for regional (and sub-regional) programming, and/or for regional production, with the new regulator of broadcasting and telecommunications, the Office of Communications or Ofcom. Ofcom will also have a role in ensuring the availability of news and current affairs programming in peak viewing times.

  15.  The White Paper also set out the Government's intention to give careful consideration to the recommendations of the Gaelic Broadcasting Task Force. The Government hopes to be able to issue its response—on which views will be sought—shortly.

December 2001


 
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