The Government’s failure to enable a viable and alternative form of funding for the BBC means it will be forced to rely on the TV licence fee for the term of the next Charter, according to a DCMS report on future of public service broadcasting.

The DCMS Committee concludes that the Government has left itself with no option on the licence fee, not least because it has failed to put in place the necessary broadband infrastructure that would facilitate other funding mechanisms.

As a result, the Committee said the Government must now act quickly to end damaging speculation about decriminalising non-payment of the BBC licence fee with continuing uncertainty likely to boost evasion rates and lead to a further drop in funding.

The Report also finds that Public Service Broadcasters are being let down by out-of-date legislation and calls for a new broadcasting act which would enable them to compete and thrive in a new media age with a right to prominence on digital platforms.

DCMS Committee Chair Julian Knight MP said: “It’s clear that the BBC TV licence fee has a limited shelf life in a digital media landscape. However, the Government has missed the boat to reform it. Instead of coming up with a workable alternative, it has sealed its own fate through a failure to develop a broadband infrastructure that would allow serious consideration of other means to fund the BBC.

“Not only that, but the Government is effectively allowing the BBC to haemorrhage funds through non-payment of the licence fee as a result of continued speculation over decriminalisation of licence fee evasion, a situation it must bring to an end.

“To enable public service broadcasters to compete in a digital world, Ministers must renew broadcasting laws that are nearly 20 years out of date. It’s a question of prominence – too often public service broadcasters lose out on dominant platforms with content that’s hard to find or isn’t branded.

“However, there is more that public service broadcasters should be doing for themselves and only by pooling resources can they hope to compete with the likes of Netflix and the platforms. The collaboration by the BBC and ITV on ‘BritBox’ is a striking example of how they can work together to create a ‘one stop shop’ for video on demand content – a model for future work.”

Key points of DCMS report

Infrastructure delays prevent universal online public service broadcasting system

MPs found that as a result of Government delays to full fibre broadband rollout, a wholly online public service broadcasting system allowing for universal access is not yet viable. While a significant amount of content is being made available online, during the current period of transition the interests of consumers who rely on linear TV must be preserved. Future services would be likely to be delivered via the internet, however the present reality was that lack of access to broadband and lack of digital literacy skills could result in 1.8 million households losing television and public service broadcasting services if they were entirely internet-based.

Tear-up broadcasting legislation: current law ‘no longer fit for purpose’

MPs call on the Government to enact new legislation by the end of 2022 to replace the outdated Communications Act 2003, echoing a call from Ofcom for a new legislative framework. The Report finds the Government has been too slow to act on Ofcom’s 2019 recommendations to update legislation on prominence, ensuring not only that public service broadcasting content remains easy to find for viewers on internet-connected services and devices but that it goes beyond the Electronic Programme Guide.

As PSBs increasingly rely on third-party platforms such as social media to distribute their content in order to reach younger audiences, MPs call on the Government to broaden the Digital Markets Unit’s remit to consider whether the dominance of online platforms gives them ‘undue influence’ over the ability of consumers to access public service broadcasting content, both online and through streaming.

Call for Government to end damaging speculation about decriminalisation of licence fee

MPs note that the BBC’s target of a 5.9% licence fee evasion rate was likely to be missed by a  ‘significant margin’ and express their concern that the situation could be exacerbated by the Government’s failure to make a final decision on decriminalisation

The Report calls on Ministers to provide assurances that this unresolved issue will not be used as bargaining tool in ongoing licence fee negotiations with the BBC and S4C. To do so would risk undermining a core principle of public service broadcasting, that it should be removed from Government interference.

Government must engage with how PSBs are funded

Ensuring adequate funding is essential for PSBs to continue providing linear broadcasting, which remains crucial to older audiences, while also investing in on-demand services. For commercial PSBs, the Digital Markets Unit should address the lack of competition and regulation in online advertising.

Call for greater collaboration by PSBs

PSBs should do more to help themselves to attract digital audiences rather than wait for action by Government. MPs cite the collaboration of ‘BritBox’ – a joint venture by the BBC and ITV offering a Subscription Video on Demand service for UK viewers. PSBs should be allowed to collaborate to give them a better chance of competing in the crowded video on demand market. The Report recommends that PSBs explore options for collaboration on a single video on demand platform, and Ofcom should support PSBs in this endeavour.

Alternatives to BBC licence fee ruled out for now

The inquiry considered a number of alternatives to the BBC licence fee to support public service broadcasting, including models from Germany, Finland and Switzerland, such as household or individual fee; state budget funding; advertising; subscription; supplementary taxation. None of these were sufficiently better as a whole to recommend as an alternative.

Key recommendations to Government

  • Prioritise new primary legislation to update the Communications Act 2003 and grant PSBs prominence which extends beyond the Electronic Programme Guide
  • Unless PSBs do more to attract younger audiences, the core principle of universality that underpins their existence will be threatened. Recommend that changes be made to the regulatory structure to enable PSBs to innovate more rapidly and easily, and to be able to better compete online
  • Come out with a strong alternative to the BBC licence fee that it can put to Parliament, or strongly support the current model for at least the next Charter period (2028 – 2038) and actively aid the BBC in driving down evasion
  • Provide assurances that the issue of decriminalisation will not be used as a bargaining tool during the ongoing licence fee settlement negotiations with the BBC and S4C
  • If budgets are going to continue to decline in real terms, the Government should review the expectations set for PSBs

To public service broadcasters

  • Rather than waiting for the Government to help them, we recommend that PSBs help themselves by exploring options for collaboration on a single video on demand platform, and Ofcom should support PSBs in this endeavour.

The Report also identifies concerns about the decline in local and regional news provision both by ITV and the BBC and calls on Ofcom to review the quality and relevance of the local and regional news provision, to be reported on before the new BBC Charter negotiations begin.

 

 

Jon Creamer

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