The Media Act 2024 – More carrots, fewer sticks Since the mid-2010s it has been clear that, unless the UK’s PSM policy framework was radically revised, PSBs faced serious threats to their ability to deliver public benefits. 33 In July 2019 Ofcom told the government that new legislation was needed to support the sustainability of PSBs, in particular by extending the prominence framework – regulations that ensure PSBs’ services are prominently displayed on the electronic programme guides used to navigate and access channels on a TV – so that‘smart’ TVs, streaming sticks and other increasingly popular digital devices were included in the regime. 34 The PSBs welcomed these proposals to reinforce their visibility to audiences on digital media, and urged politicians to act fast. But it wasn’t until mid-2022 that the govern ment finally published a‘White Paper’ setting out its plans for reforming PSB legislation. 35 This paper also proposed sweeping deregulations of the wider PSM framework. The PSM remit as defined in the Communications Act 2003 (above) was targeted for extensive revisions, the government claiming without evidence that the original list of genres and objectives was“outdated” and“overlapping”. 36 The White Paper also proposed the privatisation of Channel 4, with the sale estimated to earn around£1bn for the UK treasury – though industry analysis indicated it would also cost£2bn in lost economic value through Channel 4 ending its PSM commitments. 37 Privatisation was universally opposed by the broadcasting industry, civil society groups, many politicians and the general public, yet the government persisted with seeking potential buyers until abandoning the sale in early 2023. When the Media Bill was eventually tabled in parliament in June 2023, PSBs had been waiting almost five years for enhanced prominence on digital platforms. They had also been teased with the tantalising prospect of a reduction in the range of genres and objectives that Ofcom would require them to fulfil. This in effect meant that PSBs would be granted more‘carrots’, in the form of expanded regulatory advantages, while simultaneously facing fewer‘sticks’ from Ofcom, allowing them to further scale back their investment in PSM content. Although the Citizens’ Forum for PSM, a small civil society coalition, lobbied MPs and ministers to reverse the narrowing of the PSM remit, the broadcasters also lobbied to ensure the Bill was passed without delay. The government minister in charge of promoting the Bill even refused to receive public submissions or expert testimony to inform parliament’s deliberations. Thus the Media Act 2024 – passed in July 2024, literally hours before parliament was dissolved for the general election – represents a total inversion of the traditional rationale for PSM. Instead of establishing clear principles and valuable benefits that PSBs should provide for UK citizens, UK PSM legislation now prioritises protecting the viability and market position of otherwise arbitrarily designated broadcasting companies, who are subject to even fewer requirements for delivering PSM services to British audiences. 33 This growing existential crisis was detailed in the 2020 FES briefing on UK PSM, see Freedman, D.(2020) Verlorene Ausstrahlung? Öffentlich-rechtlicher Rundfunk in Großbritannien. Friedrich Ebert Stiftung. 34 Ofcom(2019) Recommendations to government for a new framework to keep PSB TV prominent in an online world. July 2019. 35 Department for Digital, Culture, Media and Sport(2022) Up Next: The Government’s vision for the broadcasting sector. April 2022 36 Media Reform Coalition(2023) The Media Bill – Policy briefing. November 2023. 37 Ampere Analysis(2022) Channel 4 privatisation: A potential disaster for the UK independent TV sector? 8 Friedrich-Ebert-Stiftung e.V.
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