2 About the code
23. A 'code of recommended practice on local
authority publicity'—setting guidelines about the content,
style and distribution of such materials—was first introduced
in 1988 under the Local Government Act 1986.[27]
It was amended subsequently in 2001.[28]
Under section 4(1) of the same legislation local authorities
are required "to have regard to" the provisions of such
a code in coming to any decision on publicity.
247. Section 6 of the Local Government Act 1986
Act defines publicity as "any communication, in whatever
form, addressed to the public at large or to a section of the
public". The code therefore applies to all decisions by local
authorities relating to paid advertising and leaflet campaigns,
the publication of free newspapers or newssheets and the maintenance
of websites, including the hosting of material created by third
parties.
Proposed revisions
25. As the Government's consultation paper published
in September 2010 states, "The Coalition Agreement, Our
Programme for Government, contains a commitment "to impose
tougher rules to stop unfair competition by local authority newspapers'."
[29] Likewise,
the stated underlying objective of the revised code "is to
ensure proper use of public funds for publicity".
26. The introductory notes to that consultation
paper also state that the Secretary of State believes "the
existing rules on local authority publicity have resulted in taxpayers'
money being wasted and the free press being undermined".
The same notes add: "The Secretary of State considers that,
over time, commercial newspapers should expect less state
advertising as more information is syndicated online for free,
but at the same time the free press should not face competition
from a local authority publication passing itself off as a newspaper".
27. Seeking to restructure the existing codes,
the revised code groups guidance under seven principles that require
local authority publicity to be lawful; cost effective; even handed;
objective; appropriate; issued with care during periods of heightened
political sensitivity; and showing regard to equality and diversity.
28. In pursuit of these principles, the revised
Code sets specific rules about the appearance, content, frequency
and branding of local authority newspaper or magazines:
- Local authorities should not
publish newsletters, newssheets or similar communications which
seek to emulate commercial newspapers in style or content;
- Such periodicals should not be issued more than
quarterly;
- Such periodicals (along with their web editions)
must only include material that is directly related to the business,
service or amenities of the authority concerned or other local
service providers; and
- Such titles should be clearly marked as published
by a local authority.
29. In addition, and somewhat beyond the scope
of any previous code or revision, the proposed new code includes
a section that is designed to prohibit the use of lobbyists. Specifically,
clause 26 states that "Local Authorities should not incur
any expenditure in retaining the service of private specialists,
contractors or consultants ("Lobbyists") with the intention
of the publication of any material designed to influence public
officials, Members of Parliament, political parties or the Government
to take a particular view on any issue".
27 DoE Circular 20/88. Back
28
DETR Circular 06/2001. Back
29
Condoc, para 2. Back
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