Tag 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

[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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Media Plurality Series: Is Ofcom’s ‘Share of References’ scheme fit for measuring media power? – Steven Barnett

steven_barnettKicking off our joint media plurality series with the LSE Media Policy Project, University of Westminster’s Steven Barnett argues that the “share of references” method of measuring media power is not sufficient. 

At the heart of any discussion about plurality and media ownership lies the concept of power: for democracy to function properly, the exercise of power over public opinion, law-makers, opinion-formers and elite decision-makers must be properly distributed and not become concentrated in a small group of individuals or organisations.

Principles of media power

This essentially abstract notion of media power was implicitly addressed by the communications regulator Ofcom in its advice to the Culture Secretary on “Measuring media plurality” in June 2012. It defined plurality with reference to what it called “desired outcomes of a plural market” and suggested two overarching principles:

• Ensuring there is a diversity of viewpoints available and consumed across and within media enterprises.

• Preventing any one media owner or voice having too much influence over public opinion and the political agenda.

These principles were adopted by the government in its consultation on Media, Ownership and Plurality in July 2013 and are generally accepted as a sensible interpretation of the democratic underpinnings of media plurality. They encapsulate the notion of power – over dissemination of news and opinion as well as over hearts and minds – and provide the philosophical basis for intervention in the market to promote a healthy and dynamic democracy.

Measuring media power – Ofcom’s approach

In order to gauge the nature and proportionality of that intervention – at what level concentration becomes dangerous and raises issues of democratically unacceptable power – it is necessary to generate some objective and justiciable criteria. Not only is this important for abstract reasons around justice and fairness, it is also essential for providing clarity to commercial enterprises making vital investment, employment and expansion decisions.

In an era when media sectors were discrete, convergence did not exist and there was little or no cross-ownership, it was relatively easy to impose sectoral limits by audience consumption: traditionally (though not necessarily logically) share of TV viewing, share of newspaper circulation, and share of radio listening. With convergent technologies and cross-ownership now an established fact, we need some kind of “currency” which permits measurement across sectoral boundaries.

Only one such currency has so far been proposed: Ofcom’s “Share of References”. In its June 2012 advice to government, Ofcom elaborated on the Share of References scheme it had first employed for its public interest test of News Corp’s proposed takeover of BSkyB in 2010. That scheme has never really been interrogated as a satisfactory proxy for measuring media power, despite its potential drawbacks.

A full explanation of how the scheme works is contained in Ofcom’s news consumption report published in September 2013. Briefly, share of references is calculated by asking respondents in a representative survey which sources of news they use “nowadays”, and how frequently. Each mention is counted separately and the figures are aggregated, culminating in a share for each news provider expressed as a proportion of all references for all news sources. In Ofcom’s words: “This produces a cross-media metric with consistent methodology and a consistent definition of news across all platforms.”

Share of References: why it is problematic

While superficially offering a solution to the perennial conundrum of cross-media measurement, this metric suffers from one fundamental flaw: by focussing entirely on consumption, it is bound by default to exaggerate the role of television and, in doing so, to distort the true picture of how media power is distributed in the UK.

In pure consumption terms, television’s dominance is clear. According to Ofcom’s 2013 News Consumption report, when asked about their news sources nowadays, 78% said television, 40% newspapers, 35% radio and 32% the internet. This ratio is a wholly predictable function of television’s ubiquity and accessibility, and of course the average 28 hours of weekly viewing. But does that really equate to power?

In three important respects, I believe this metric overstates the power of broadcast media and understates the power of the printed word, whether in hard copy or online.

First, it takes no account of the power to persuade, or the opinion-forming impact of print and online media.  The significance of “impact” was recognised by Ofcom in its 2012 advice to government, and in particular the significant influence which could be exerted by print media’s partiality and its agenda-setting role. However, Ofcom’s ideas for possible measurement “proxies” – importance, impartiality and quality of news source – all favour the television medium despite being, by their own admission, imperfect substitutes.

Impassioned, one-sided argument is an integral and powerful element of a free press. Our national newspapers are highly partisan, and the popular press in particular often elides news and comment.  While we cannot measure to what extent such editorialising drives popular opinion, intuitively a one-sided, opinionated approach will carry more weight than a carefully balanced approach. And yet the power to exercise that passion and thus to influence hearts and minds is entirely absent from this calculation.

Second, it takes no account of the power to set news agendas. Rigorous research is lacking, but there is plenty of anecdotal evidence that our national press plays a hugely important role in driving news agendas. Broadcast newsrooms are usually immersed in mountains of newsprint, and informal conversations with BBC journalists reveal a high level of editorial anxiety when bulletins are not covering a story which has featured prominently in the press.

Then there are the newspaper reviews: twice each evening on Sky and BBC News channels, at the end of every edition of Newsnight, on Sunday morning’s Andrew Marr show, and frequently mentioned on the Daily Politics and the Today programme. Both Sky and the BBC tweet the front pages of next day’s national newspapers every evening.

Third, it takes no account of the power to influence policy makers – parliamentarians, think tankers, civil servants, regulators. In his 2013 book Democracy Under Attack, former Guardian journalist Malcolm Dean published a meticulously researched account of how this press-driven influence has operated in a number of social policy areas. Moreover, evidence to module 3 of the Leveson Inquiry provided abundant evidence of how unduly powerful media corporations exert pressure on politicians and their policy-making. Four successive prime ministers admitted, either implicitly or explicitly, that they were bound too closely to News Corporation and Rupert Murdoch. That kind of power cannot be measured through share of references.

The conclusion is straightforward, even if the ramifications are not. It is inherent in Ofcom’s approach that television’s penetration and popularity equates to power. But that is an assumption which is at best unproven and at worst seriously misleading. If we adopt their Share of References schema uncritically, we may miss dangerous concentrations of power elsewhere. We therefore need to find ways of assessing media power in a broader sense than this limited cross-metrics approach will allow.

This post is adapted from a presentation to the Westminster Media Forum seminar on media plurality, 27 November 2013.