Following the long-awaited publication of the draft Media Bill on 29 March 2023, the DCMS Select Committee is now entering a consultation period during which it is inviting industry views on the draft Bill as part of the pre-legislative scrutiny process. During this process, the Select Committee will examine the policy objectives of the draft Bill, identify any unintended consequences, and issue recommendations on how the draft Bill might be improved.
Accordingly, from now until 17 May 2023, interested parties may submit their positions on the draft Bill to the Select Committee for consideration and review via this link.
The Committee has set out a list of particular areas of focus (available here), which includes the following:
Public Service Broadcasting
- Should the Media Bill provide a clear definition of what prominence in online services looks like?
- Are proposals allowing a PSB to meet its remit by online programming as well as linear appropriate?
- Are the proposals in the draft Bill adequate for securing the future of Channel 4 and supporting independent content producers?
- Is the draft Bill sufficiently flexible to legislate for any future extension of the Listed Events regime to include digital content?
Video-on-Demand
- Are the requirements for the Tier 1 standards code proportionate?
- Do the proposals in the draft Bill create any risks to the UK’s desirability as a market for VOD content?
- What should be the specific criteria for designating an on-demand programme service as Tier 1?
Radio
- Is the definition of a radio selection service appropriate?
- Is the definition of an internet radio service appropriate?
- Are the obligations on radio selection services proportionate?
- Does the draft Bill sufficiently protect the relevant internet radio service to be played in response to a voice command?
- Are the provisions in the draft Bill sufficient to protect the identity and content of local radio?
General issues
- Is Ofcom able to deliver its new and updated obligations set out in the draft Bill?
- Is the draft Bill flexible enough to address future developments in audience habits and new technology?
- Are there any issues missing from the draft Bill within the scope of public service broadcasting, video-on-demand or radio?
For more information on the draft Bill, please see our seven-part series in which we provide an overview of each of the draft Bill’s seven parts, sharing insights on the provisions that caught our eye and assessing their potential impact on the industry.
The full series is available on our Media Bill Tracker website (linked here) which we will be updating regularly to note any amendments to the draft Bill as it progresses, along with other changes of note in the UK media sector.
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