Author Archive for Steven Barnett

Steven Barnett: A predictable act of political cowardice: the Government’s response on media ownership

This post by Professor Steven Barnett originally appeared on the LSE Media Policy Project blog in August 2014, following the publication of the Government’s response to the House of Lords Select Committee on Communications Report into Media Plurality and its own consultation.

If one week is a long time in politics, three years are an eternity. Remember those heady days in July 2011, as the phone-hacking scandal broke and unanimous condemnation from our political leaders’ reflected public revulsion? It wasn’t just the criminal acts targeting young or vulnerable victims that prompted a popular outcry, but the manifest abuse of untrammelled corporate power that had allowed one company to get away with it for so long. Something, they all agreed, must be done.

Speaking in the House of Commons just days after the hacking scandal broke, David Cameron was explicit about the need for action: “[the] challenge is how we address the vexed issue of media power. We need competition policy to be properly enforced. We need a sensible look at the relevance of plurality and cross-media ownership…. never again should we let a media group get too powerful.” In the same debate, Ed Miliband was specific about the policy changes required to deal with abuses that arise from media concentration: “The [Communications] Act needs to be updated as such a concentration of power is unhealthy.”

Returning to the theme at Prime Ministers Questions on 25 April 2012, the Prime Minister made a confession and a commitment: “I think on all sides of the House there’s a bit of a need for a hand on heart. We all did too much cosying up to Rupert Murdoch.” Then, in response to needling from Ed Miliband, he added: “The problem of closeness between politicians and media proprietors has been going on for years and it’s this government that’s going to sort it out.”

Cameron said it was time to do something about media concentrations. Photo by Number 10 CC BY-NC-ND 2.0

Cameron said competition policy should be enforced. Photo by Number 10 CC BY-NC-ND 2.0.

So how exactly did his government propose to “sort it out”? First, it waited two years before producing, in July last year, a bland consultation document on media ownership and plurality which barely scratched the surface of a now patently discredited and ineffectual plurality regime. It then waited thirteen months – and six months after a Lords parliamentary committee had produced a rather more comprehensive set of recommendations – before finally slipping out a response to both documents in early August, under the cover of summer holidays.

Government proposals at this stage of an electoral cycle were always going to be dull, narrowly focussed and risk-averse. Even so, this is a feeble response. Its opening contextual statement sets the tone for the policy inertia that follows: government will not explore changes to existing legislation until a new “measurement framework and baseline assessment” have been delivered. Therefore its response “does not seek to review existing regulatory and policy levers, nor does it seek to propose potential remedies.” In other words, the tub-thumping rhetoric of three years ago about curbing the power of unaccountable media barons has quietly surrendered to the pragmatism of electioneering.

Even within the narrow confines of its own consultation questions, this is a vapid document. Essentially, it has taken 13 months for the government to conclude that a plurality measurement framework should include online; should be restricted to news and current affairs; should include news aggregators; should include the BBC (though not in terms of remedies); and should include “some consideration” of local and regional markets. And that’s it. This simplistic approach has therefore excluded any assessment of how the public interest plurality test should be updated, the need for periodic plurality reviews, the involvement of government ministers in the decision-making process, or the need for streamlining a complex regulatory process. It leaves untouched the regime which was proved to be wholly inadequate during Murdoch’s attempt to acquire the whole of BSkyB. In short, it has severely circumscribed the fundamental issue of how to sustain media plurality within a healthy democracy, and what policy decisions should flow from that.

Ofcom will now be commissioned “to develop a suitable set of indicators to inform the measurement framework for media plurality”. And while media moguls continue to expand, amalgamate, acquire and consolidate their power and influence, the Prime Minister who promised to “sort it out” has suddenly gone missing.

This foot-dragging has been an entirely predictable act of abject political cowardice. The last time any government was foolhardy enough to produce serious changes in media ownership legislation in advance of a general election was in 1996, when John Major courageously insisted on preventing newspaper owners with over 20% of national circulation from acquiring terrestrial TV stations. There might have been one or two other reasons for the Murdoch newspapers’ wholesale switch to supporting Tony Blair a year later, but it would scarcely have improved his mood. Even with a majority of 179, Blair’s government postponed its own proposals on media ownership until after the 2001 election. And if it can’t be done with huge majorities or after unprecedented revelations of corporate corruption, there is frankly little hope for any significant legislative change under any future government.

A detailed analysis of government policy inaction, co-authored with Judith Townend, has recently been published in The Political Quarterly: ‘And What Good Came of it at Last’ Press–Politician Relations Post-Leveson

Attempts to carve up the licence fee are the real threat to the BBC

Today sees the opening salvos in a debate that will determine the BBC’s future. At the Oxford Media Convention, Tony Hall will mount a strenuous defence of the BBC licence fee – and address the notion (now gaining support among the BBC’s detractors) that its proceeds should be shared with competitors, through either top-slicing or “contestable” funding models.

At the same time, a new Reuters Institute report from economists Patrick Barwise and Robert Picard will spell out, for the very first time, what will happen to the UK’s creative economy if the government continues to refuse to raise the licence fee in line with inflation. It is ideal timing for their forensic analysis.

It has been, to put it mildly, a rocky couple of years for the BBC, with its competitors and critics gleefully painting a picture of terminal decline. Two Newsnight fiascos – a murky editorial decision to drop a story exposing Jimmy Savile as a paedophile, followed by untrue allegations that former Tory party treasurer Lord McAlpine was involved in child abuse in North Wales – resulted in the resignation of a director general after just 54 days in the chair. The newly installed Lord Hall was immediately faced with evidence of inflated senior management salaries and, even worse, payoffs to departing executives far in excess of their entitlement, all apparently sanctioned by the BBC Trust.

It was therefore not difficult to portray the BBC as suffering from a fundamental malaise which demands wholesale restructuring of both its funding and constitution. To its critics, this is the worst crisis in the BBC’s history. Something must be done.

In fact, it is no such thing. Narratives about the BBC in crisis have been all the rage ever since Michael Leapman’s apocalyptically titled book Last Days of the Beeb was published in 1986. From the Hutton Inquiry to “Queengate” to fake callers on phone-in programmes to the Ross-Brand Radio 2 saga and the corporation’s refusal to broadcast a charity appeal in aid of Gaza refugees, anyone under 50 will barely remember a time when the BBC wasn’t apparently in crisis. The current wave of schadenfreude is the latest attempt to taint the BBC with an image of managerial incompetence, editorial mismanagement and general institutional turmoil.

Each episode is deliberately and mischievously exploited by those ideologically opposed to publicly funded institutions, and particularly by powerful press groups which have long been deeply antagonistic to the size and scope of the BBC on both political and commercial grounds. In that respect, little has changed. But the noise of these self-interested attacks has become louder, the excuses are flimsier, and the commercial imperatives behind them are even stronger – especially as the long-standing business model of print journalism is undermined by the flight of advertising revenue to online providers.

So while we should demand that the BBC rectify its corporate and governance mistakes, we should also be frank about the blatant exaggerations of crises that simply do not exist. Much more importantly, we should also focus on the real life-threatening crisis that could eventually engulf the BBC completely: the erosion of its funding base.

Funding the real crisis

As the detailed economic analysis by professors Barwise and Picard shows, the real danger for the BBC is a progressive decline in funding to the point where it is no longer capable of fulfilling its task as a comprehensive public service broadcaster. The authors note the gradual diminution of the licence fee as a proportion of total industry spending on television, projected to fall from its current 22% of the total to 18.5% by 2016.

This “salami-slicing” was seriously exacerbated by the 16% cut that the newly elected coalition government imposed in October 2010, and it is inexorably eroding the BBC’s ability to maintain its status as a major cultural force in Britain.

According to the authors, “It is not scaremongering to project that, if the current policy continues (even if the more radical proposals for scaling back the BBC are rejected), within a generation it will have been reduced to a barely relevant sideshow, the UK equivalent of PBS in America.” As well as public and consumer detriment this continuing decline will impact on the UK’s independent production sector since the commercial sector cannot make up the shortfall.

That is the real threat to the future of the BBC. If Britain wants to sustain a cultural institution which is still trusted and enjoyed by the vast majority of its own citizens while being consistently praised and admired throughout the world, we must have the political will to make the resources available. We urgently need manifesto commitments from all three major parties to guarantee that they will, after 2016, reinstate a licence fee that is index-linked to inflation. They must also commit to withdrawing from the dangerous BBC “top-slicing” strategy, which now sees the licence fee being used to fund broadband rollout and local television stations.

That agenda will not be pursued by our national or regional press. Instead, over the next 18 months, we can expect a concerted attack on the BBC’s size, funding, governance, impartiality, competence and standing in British society as anti-BBC MPs (mostly from the Conservative benches) join forces with ferociously anti-BBC national newspapers determined to undermine the BBC’s legitimacy and funding base.

During the last review of the BBC Charter in 2006, there was an unprecedented joint submission by three major UK newspaper conglomerates –- Associated Newspapers, News International, and the Telegraph Group -– which combined forces to call for a below inflation increase in the licence fee to “curtail the width of the BBC’s remit in the digital arena”. That submission was also signed by the Commercial Radio Companies Association and the Newspaper Society, representing the local and regional press.

Whether explicitly or not, that same alliance will be operating again this time around, with the same goal: a financially diminished BBC. It will not be the first time BBC supporters both inside and outside parliament (who still represent the great majority of the British public) will struggle to make themselves heard over the megaphones of BBC competitors. But if the BBC is to survive as a dynamic and thriving institution at the heart of Britain’s creative and cultural life, it might be the most important.

This is an abridged version of Steven Barnett’s chapter in a new book being published on March 1: Is the BBC in Crisis? Eds, John Mair, Richard Tait and Richard Lance Keeble

The Conversation

This article was originally published on The Conversation. Read the original article.

[Oxford Media Convention] Plurality begins at home: policies for invigorating local media

In a preview of his upcoming remarks at the Oxford Media Convention 2014, Steven Barnett, University of Westminster, shares preliminary findings from a collaborative study on hyperlocal media and argues for policy to enhance its role in sustaining media plurality. An abridged version of this post can be found at the LSE Media Policy blog.

While much of the headline debate on plurality tends to revolve around undue concentration at the national level – how to define it, how to measure it, how to prevent it – a growing local problem  risks being ignored. While local newspapers struggle with a failing business model, local radio stations centralise their newsroom operations, and fledgling local television stations are yet to demonstrate any appetite for original journalism, members of the public are increasingly starved of vital civic information. According to Press Gazette, more than 240 local newspapers closed in the seven years from 2004 to 2011 and some areas of the UK “are no longer covered by professional journalists”.

The implications for local democracy are profound. Issues of enormous relevance to citizens in their everyday lives – about their local hospitals, local schools, local transport, police forces, businesses and courts – are simply not being addressed. Local government officials, business leaders, and local politicians are not being questioned or held to account. Information required for knowledgeable participation in local elections is either not available or less reliable.

In the struggle to promote more editorial diversity and a more informed local citizenry there is, however, some room for optimism from the burgeoning number of new hyperlocal initiatives. The rise of online connectedness and broadband has made it easier for small, independent media enterprises to set themselves up and report to their local communities without massive capital outlay. The number of these sites is impossible to count precisely, but closest estimates suggest that around 500 are active in the UK.

As part of our Media Power and Plurality project at Westminster, we collaborated with Cardiff and Birmingham City universities in the UK’s first comprehensive survey of hyperlocals, with responses from around 180. While many of these are shoestring operations, more akin to a parish newsletter than hard-nosed journalism, our preliminary analysis shows that many are still capable of professional, independent local reporting. We found impressive evidence not only of important informational work but of investigative and campaigning journalism normally associated with mainstream news publishers: crusades over road safety and declining council standards, investigations over breaches of national emission limits, illicit council use of a greenfield site, and campaigns on over-spending on a local rail station development, cuts to the local youth service and plans to turn primary schools into academies.

Given the potential role of these sites in reinvigorating editorial diversity and local democracy, we should be asking serious questions about the kinds of policy interventions that would support them. Here are three, all of which have so far had little traction on the policy arena.

1. Charitable status

There is currently very limited scope for allowing journalism enterprises to secure the reputational and financial benefits that go with charitable status. According to the 2011 Charities Act, a charity must have a public purpose and be run for the public benefit. It lists 13 such purposes, two of which are potentially appropriate for local journalism: the advancement of education; and the advancement of citizenship or community development.

While the public purpose hurdles might, therefore, be negotiated at local level, the public benefit test is trickier. It is not enough simply to state or to assume that an enterprise will be beneficial; the public good has to be identifiable. This raises the spectre of finding measurable evidence that, for example, residents are better informed about local issues or more likely to participate in local elections after the launch of a local news initiative than before.

In its 2012 report on Investigative Journalism, the House of Lords Communications committee recommended that the Charity Commission “provide greater clarity and guidelines on which activities related to the media, and in particular investigative journalism, are charitable in the current state of the law”, particularly in light of the financial pressures and journalism’s democratic significance. The Charity Commission has yet to respond, but there is scope for a more relaxed approach, both in terms of its interpretation of the current legislation and – conceivably – in terms of an amendment to the Act aimed specifically at promoting local journalism.

2. Subsidies

There are already explicit and implicit subsidies for local media, a legacy of traditional print and broadcast regimes. The Community Radio Order of 2004 enables Ofcom to license not-for-profit community radio stations according to strictly defined criteria relating to “social gain”. These stations (231 by the end of 2011) receive small grants of around £15,000 out of a Community Radio Fund administered by Ofcom, which in turn comes from DCMS. That fund was worth £321,500 in 2010/11.

Given the rationale for that investment – in particular, to facilitate discussion and a better understanding of the local community – there is little sense in confining such direct subsidies to the medium of radio. It should be possible to expand both the technology scope and the pot: these are tiny amounts of money in terms of government expenditure, but with potentially massive benefits for resourcing local journalism.

Similarly, there are hidden subsidies for the national and local press both through VAT exemptions and through the regime on statutory notices. Figures from a Reuters Institute report put the value of VAT exemptions at £594m per annum in 2008 (though it’s difficult to know what proportion of that benefits the local press). In addition, the statutory duty on local councils to place notices in the local paper on planning, licensing and traffic orders is likely to be worth around £45m per year. It is surely an absurd anachronism that in the 21st century online world councils and other public bodies are obliged to use tax-payers’ money solely to advertise in local hard copy newspapers which in some geographical areas no longer exist.

3. The BBC

Finally, BBC Director General Tony Hall has indicated that partnerships – where the BBC acts as enabler rather than “senior” partner – will play an integral part of its future as the UK’s leading cultural institution. This is very different from top-slicing, which takes money away from the BBC and therefore weakens its effectiveness. At the local level, such partnership could enable those running hyperlocal sites to take advantage of BBC expertise in editorial, web design, legal advice, promotion and marketing. As with the redirection of subsidies, any such initiative would inevitably attract hostility from the major newspapers groups, and would require both central and local government support.

In fact, each of these initiatives will require serious investment of time and energy by those who are concerned about the inexorable decline in local media plurality. Policy thinking in this area – whether on Community Radio, newspaper subsidies or the role of the BBC – has always been predicated on the democratic and citizenship value of local media to their respective communities. That thinking now lags well behind real-world media activity, and takes little account of emerging forms of local and community online initiatives. It is time that changed.

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