Select Committee on Culture, Media and Sport First Report


2  Defining public service content

7. The Committee, very deliberately, made the focus of this inquiry "public service content", rather than "public service broadcasting".[2] Historically, however, the Government has intervened to ensure the provision of "public service broadcasting". Ofcom described two traditional reasons for this intervention. First, in a world of spectrum scarcity, which permitted only a small number of broadcasters, it was thought that the market would not effectively provide all of the programming that consumers want to watch or want to have an option to watch. Second, there was a belief that the broadcasting market, left to its own devices, might not provide or might under­provide programming that we, as a society, want to be widely available.[3]

8. As a result of the Government's intervention and provision of funding, the UK enjoys the benefit of a tradition in which the ethos of public service broadcasting has been dominant.[4] Ofcom said that for over 50 years, the public service broadcasting system in the UK has provided a wide range of high quality programming for citizens and consumers.[5] Viewers in the UK benefit from provision by five main public service broadcasters—the BBC, ITV1, Channel 4, Five and S4C. These broadcasters have also played a role in setting high standards for other broadcasters to follow. Channel 4 told us that:

"Historically, the success and health of public service broadcasting in the UK has been based on plurality in the universal supply of a range of diverse, high quality and innovative content across all genres. Each of the public service broadcasters performs a different role in maintaining this valuable ecology, and the system of public service broadcasters is assessed by Ofcom 'taken together', to ensure that the broadest possible interests of the UK public are served."[6]

9. The Government sees a key role for public service broadcasting in the future, stating in the White Paper on BBC Charter review that "public service broadcasting remains the bedrock of our media."[7]

10. Ofcom told us that public service broadcasting has been sustained by a "mutually reinforcing mix of institutions, funding and regulation".[8] However, technological developments experienced to date—and likely changes in the future—may disrupt the historic system. We now live in a world of capacity abundance, where many broadcasters and other operators provide content across a range of platforms. In addition to the BBC, the establishment of the commercial public service broadcasters—ITV in 1955, Channel 4 and S4C in 1982 and Five in 1997—brought choice for consumers on analogue television. The more recent explosion in the number of channels on digital terrestrial, cable and satellite platforms has provided consumers with access to an even wider range of programming. Given these developments, the first justification for intervention to provide public service broadcasting—that spectrum scarcity prevents the market from providing all of the content that consumers want to watch or want to have the option to watch—is clearly not relevant today. As the Government recognised in the White Paper on BBC Charter review, "the digital revolution will make it easier for people to watch what they want when they want and where they want."[9]

11. However, the second justification—that the market may not provide a sufficient amount of content that we, as a society, want to be widely available—is still relevant. While consumers now have access to a wide range of programming, there are certain programmes that are deemed valuable to society that the market may not provide. This belief has underpinned the Government's approach to public service broadcasting in the last two decades. As a result, the Government identified certain socially valuable genres—children's, news, current affairs, regional, religious or arts programming, for example—and then imposed obligations on the public service broadcasters to provide these types of programming.

12. There has also been a change in the way people are consuming content. As we noted in our Report on New Media and the Creative Industries,[10] consumers are increasingly accessing audio visual content through a variety of media, using a range of technologies. In this environment, with many distribution methods and ways of accessing programming, the Government and regulators should be less concerned about how consumers get content, but more concerned about whether the content they deem to be socially valuable is actually available. David Elstein, Chairman of the Broadcasting Policy Group,[11] told us that content is the "nub of the issue" facing the UK.[12] Ed Richards, Chief Executive of Ofcom, said that he uses the term public service broadcasting as a "euphemism" and that Ofcom "toy[s] with the idea of calling it public service content"[13] and Lord Burns, former adviser on BBC Charter review to the Secretary of State for Culture, Media and Sport, told us that "we should now be concentrating more upon content than broadcasting".[14]

13. While the policy focus may now be "public service content", a concrete definition of public service content and indeed, public service broadcasting, remains elusive. Irwin Stelzer, Director of Economic Policy Studies at the Hudson Institute, stated that "the hunt for definition is a feckless search" as it allows policy­makers to make the "mistake" of defining public service content as "anything you want it to be".[15] This could lead to an unnecessarily broad definition that could be used to justify Government intervention to support content that would otherwise be provided by the market. Equally, it could be extremely narrowly drawn, leading to an erosion of socially valuable programming which the UK has found desirable, not least from the BBC. An objective definition is bound, to some extent, to remain elusive as what constitutes "public service content" is ultimately a value judgment and therefore subjective.

The Communications Act 2003

14. The Communications Act 2003 provides a solid base for considering public service content. In television, the Act specifies the BBC, S4C, ITV, Channel 4, Five and Teletext as "public service broadcasters".[16] Public service broadcasters are required to meet various production and programming quotas in categories and genres deemed to have wider social value. For example, the public service broadcasters are subject to quotas for independent production (25% each), original production (70% for BBC One and BBC Two, 65% for ITV1, 60% for Channel 4 and 55% for Five) and regional production (25% for all BBC television, 33% for ITV1, 30% for Channel 4 and 10% for Five). The public service broadcasters are also subject to quotas for news, current affairs, regional news and non­news programmes (ITV only) and schools programmes (Channel 4 only). Beyond these areas, the broadcasters are not required to provide specific amounts of programming in certain genres—such as children's, religious or arts programming—but are required to consult Ofcom and take account of its views where a significant change is proposed to a relevant service.[17]

15. In specifying the public service broadcasters and setting out certain types of programming that are regarded as important, the Act goes some way to helping us define public service content. This, however, does not mean that all content provided by the designated public service broadcasters is public service content, and that everything broadcast by providers that do not enjoy public service broadcaster status is not. Geoff Metzger, Managing Director of the History Channel, argued that when there was spectrum scarcity in the past "all things were public service broadcasting" but that in today's world of spectrum abundance it is very difficult to take this approach.[18] In the digital, multi­channel world therefore we need to look at public service content using a framework more refined than that set out in the Communications Act 2003.

Purposes and characteristics

16. In recent years, the public service broadcasting debate has moved on from discussion of quotas in specific categories and genres of programming. The Government and Ofcom have started to look at public service content as content that exhibits certain characteristics and fulfils certain purposes. In 2005, for example, Ofcom proposed the following purposes of public service television broadcasting:

17. Ofcom also proposed that public service television broadcasting had the following characteristics:

18. The Government also adopted a "purposes and characteristics" approach to public service content in relation to the BBC Charter review. Instead of specifying exactly what it wanted the BBC to achieve, the Government simply stated that every activity the BBC undertakes must meet one or more of the following purposes:

  • sustaining citizenship and civil society;
  • promoting education and learning;
  • stimulating creativity and cultural excellence by using the licence fee as venture capital for creativity;
  • representing the UK, its nations and regions;
  • bringing the UK to the world and the world to the UK; and
  • building digital Britain.[20]

19. In 2005, Ofcom proposed a set of public purposes for radio which are similar to the BBC's public purposes with one addition: promoting social gain.[21]

20. A "purposes and characteristics" approach for looking at public service content was supported by some witnesses. Ofcom argued that such an approach was necessary because television programming genres are becoming less distinct and can vary significantly in the degree to which they could be described as "public service broadcasting". Ofcom also considered that a purposes and characteristics approach would remain relevant over time, even as new technologies and media emerge. [22] Lord Burns, former adviser on BBC Charter review to the Secretary of State for Culture, Media and Sport, told us that due to the changing nature of the marketplace, he was "comfortable" with an approach which concentrated on the components that might be thought of as public service content.[23] The RadioCentre[24] agreed with Ofcom's proposed public purposes of radio.[25]

21. Other witnesses identified weaknesses with a purposes and characteristics approach. David Elstein, Chairman of the Broadcasting Policy Group, argued that trying to define public service content by its purposes, characteristics, categories or origin is "inevitably doomed to failure" as it would not give the Government or policy­makers any idea of how much public service content was actually needed, nor how much to pay for it.[26] The Satellite and Cable Broadcasters' Group said that Ofcom's purposes and characteristics are very broad and "difficult to measure": it considered that they should be tightened.[27]
Irwin Stelzer, Director of Economic Policy Studies at the Hudson Institute, cautioned that a definition that includes concepts such as "informing ourselves and increasing our understanding of the world" was not useful as it is too broad around which to build a sensible policy.[28]

22. While some witnesses accepted a purposes and characteristics framework, they also noted that the wider broadcasting market provides a large amount of content that meets Ofcom's criteria. Ed Richards, Chief Executive of Ofcom, accepted that some programmes and channels provided by the market do to some degree meet its public service purposes and characteristics; he gave Sky News as an example.[29] BSkyB itself told us that "if one accepts the broad definition of the purposes and characteristics of public service broadcasting content put forward by Ofcom, it is clear that there is a huge and increasing amount of public service content available via the large number of channels available on satellite, cable and other digital distribution platforms".[30] We discuss the digital multi­channel sector's contribution to the provision of public service content in Chapter 3.

23. The purposes and characteristics approach put forward by Ofcom, though hard to measure and assess, is a useful starting point for examining public service content. We agree that a huge amount of currently available content meets these purposes and characteristics, and that this content is available from the designated public service broadcasters and from other providers including commercial broadcasters who are not bound by public service obligations. Given this, we believe that the fact that content exhibits public service purposes and characteristics as defined by Ofcom is not, in itself, a sufficient condition for the Government to considering intervening to provide this content. We discuss where it might be appropriate for the Government to consider intervening to enable the provision of this type of content in Chapter 6.


2   Throughout this inquiry we have generally taken references to "public service broadcasting" to be references to "public service content". Back

3   Ofcom, Review of public service television broadcasting: Phase 1-Is television special?, April 2004, p 8 Back

4   Ev 15 Back

5   Ofcom, Review of public service television broadcasting: Phase 3-Competition for quality, February 2005, p 6 Back

6   Ev 104 Back

7   DCMS, A public service for all: the BBC in the digital age, Cm 6763, March 2006, p 5 Back

8   Ev 203 Back

9   DCMS, A public service for all: the BBC in the digital age, Cm 6763, March 2006, p 23 Back

10   Culture, Media and Sport Committee, Fifth Report of Session 2006-07, New Media and the Creative Industries, HC 509-I Back

11   An independent group of broadcasting experts, asked by the Conservative Party in May 2003 to analyse the issues raised by the BBC Charter review. Back

12   Q 1 Back

13   The Guardian, 21 December 2006 Back

14   Q 1 Back

15   Q 593 Back

16   Communications Act 2003, section 264 Back

17   Ev 114 Back

18   Q 593 Back

19   Ev 208 Back

20   DCMS, A public service for all: the BBC in the digital age, Cm 6763, March 2006, p 9 Back

21   Ofcom, Radio-Preparing for the future, October 2005, p 3 Back

22   Ev 208 Back

23   Q 1 Back

24   The industry body for commercial radio in the UK. Back

25   Ev 37 Back

26   Ev 1 Back

27   Ev 236 Back

28   Q 593 Back

29   Q 521 ff. Back

30   Ev 179 Back


 
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Prepared 15 November 2007