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The end of impartiality rules for broadcasters?

It seems the idea is being taken up by the most unlikely champions for change

I have long been an advocate for a rethink of the rules governing commercial radio news.

A year ago I suggested that it was time to relax regulation in order to free listeners from an insipid, unchallenging approach to news in the independent radio sector. Now it seems the idea is being taken up, however obliquely, by the most unlikely champions for change.

I'm talking about the House of Lords.

I've always had huge respect for the crusties on the red benches. That much distilled political guile from former prime ministers and cabinet members, bolstered by the often eccentric talents of experts in dozens of specialist fields, can spring a surprise or two on the posturing public schoolboys playing to the electronic gallery in the directly-elected chamber down the corridor.

The House of Lords Select Committee on Communications has just published its second report on media convergence. The Committee has a wide-ranging remit "to consider the media and the creative industries".

This latest report has involved a lot of head-scratching about the impact of t'interweb.

Much of it is pretty standard stuff. The summary states that the Committee believes:
"forthcoming legislation must be drafted in such a way as to enable flexibility to adapt to an ever changing media environment. It is our view that new technologies and behaviours are evolving more quickly than regulatory protections {..} It would be reckless to jettison the current regulatory arrangements which have served us so well; but equally, it would be complacent for the Government and Ofcom not to get ahead of the curve."


So far so meh. But hidden away in paragraph 119 of the document is this bombshell:
As part of a proposed co-regulatory model for TV and TV-like content providers, Ofcom and the Government should consider, in consultation with the future press regulator, the implications of incorporating regulation of all non-PSB news and current affairs content into its remit, and removal of the impartiality requirement from those providers.


Read that again. They're talking about the removal of the impartiality requirement in broadcast news for all non public service providers. In case there's any ambiguity, the implications of this are made clear three pars later:
In establishing a co-regulator for TV and TV-like content providers, Ofcom should investigate the option of non-PSB providers of news services,such as Sky News, being invited to comply with the Broadcasting Code (suitably amended for their environment if TV-like) in return for some form of public recognition or kitemark.


Their Lordships explicitly envisage a situation in which Sky News (as an example) could be free to opt out of current broadcast impartiality obligations, although they also hold out the option of such providers remaining under the tougher conditions of the Ofcom Broadcasting Code in return for some kind of badging to indicate that they've done so.

What this means for radio is unclear.

Radio matters so little to our politicians as a class that in their public comments TV and video routinely embrace radio and audio in the manner that my old English teacher would indicate that 'the male embraces the female'. So we can probably assume that the same rules would apply for 'non public service' radio.

Now that definition requires a bit of clarification, because back in the day of the IBA and the Radio Authority, old-school ILR was very definitely 'public service'. Can the same be said of today's local and regional services? Or of DAB-only services? Or those providers the Lords Committee would probably define as 'radio-like' on the internet?

But let's say for a moment that commercial radio is deemed 'non-public-service' in today's real world environment.

If that is the case these Lords' recommendations, if adopted into government policy, could open the way for the type of deregulated, opinionated, interesting radio news and speech I proposed in my earlier article.

It's clear that commercial radio can never win an audience for news by trying to out-BBC the BBC at what it does best. That battle was never a fair fight, given the resources of the state broadcaster, and it was lost a long time ago.

Old style ILR in the seventies and eighties managed to bring news to local audiences in a friendly, engaging and non-authoritarian way at a time when the Beeb was still pretty buttoned up; but Auntie has learned that lesson, and indeed now employs a lot of former commercial radio people from that generation who understand it best.

Those independent radio operators who invested in local news services until very recently, such as Real Radio, showed what properly resourced commercial news teams can do, and their achievements were recognised yet again in last week's IRN Awards.

I strongly believe there can be a future for a different kind of commercial radio news.

Freed from the rigid 'impartiality' rules which were entirely appropriate in an analogue era, but which are an anachronism in the digital age I believe campaigning, raucous, argumentative news and speech output based on local events and current affairs can win a new audience.

There would of course be no compulsion on commercial radio to follow such a route. Stations could opt to go instead for a prefect's badge and be "just as impartial as we've always been".

For now, I'll watch and await the Lords' deliberations with interest. I'll be keen to see who speaks up for the kind of freedoms I've outlined when the Committee calls industry types to give evidence.

It could mark the start of a revolution in choice for radio news audiences, and that can only be a good thing.

This article was originally published on Richard Horsman's blog and is reprinted here with permission.

Having spent the best part of 30 years as a journalist in and around West Yorkshire, Richard is now training the next generation of news talent at Leeds Trinity University.

  
 

8 comments

Recommendations: 0
Twitter posted on Sunday 31st March at 11:21
Recommendations: 0
Ian Beaumont
posted on Sunday 31st March at 15:27

We’ve already seen what happens when the impartiality requirement is not enforced. You get Fox News and Sun News, spreading lies and propaganda, not reporting the truth, not reporting the facts, only speaking to their ‘constituency’ of nutjobs.

It’s not a holy grail, it’s an unholy mess, and it leads the media into an area that is more trouble than it’s worth. It also leads to growing distrust in the media, because then nobody is sure who’s telling the truth. And for the media’s key role of keeping the powerful in check, lack of impartiality is like kryptonite.

Recommendations: 0
Simon Kelsey
posted on Sunday 31st March at 20:14

We’ve already seen what happens when the impartiality requirement is not enforced. You get Fox News and Sun News, spreading lies and propaganda, not reporting the truth, not reporting the facts, only speaking to their ‘constituency’ of nutjobs.

And for the media’s key role of keeping the powerful in check, lack of impartiality is like kryptonite.

So newspapers (which are not bound by impartiality rules) aren’t capable of performing that role then?

Better tell the Telegraph that nobody took any interest in the MPs expenses scandal.

Recommendations: 0
James Cridland
posted on Sunday 31st March at 22:07

Here’s the thing. Right now, what you see isn’t “fair and balanced”, to coin a phrase.

Most of my news either comes via the BBC, or via Sky News (who supply commercial radio). These two organisations are in charge of my entire news agenda (I don’t watch ITN or Channel 4). If they don’t believe that something’s interesting, they don’t report it.

I remember being in a meeting at the BBC where the then Deputy Director General, Mark Byford, said what the next six month’s news agenda was going to focus on. “We believe this story is important”, he said, “and this one. We’ll be focusing on them.” And so, they do. The BBC report excellently, and impartially, but they report only on the stories that Someone Has Decided they should focus on. And the same goes for Sky.

Witness the BBC’s fascination with the Pope; with royalty. The BBC – staffed by career journalists, not people who’ve worked in corporate companies – only seem to cover big business stories when they’re job losses or tax dodges. And they cover these stories excellently and impartially. But we can only judge how excellent and impartial the BBC is based on the stories they report: and not on the ones they don’t.

Would a media that could be a little less impartial, and able to take more of a campaigning stance, be better? It’s difficult to argue that American television news is better; but perhaps that’s not the discussion to have. The question is whether we’d hear more stories; whether our agenda might be less controlled; whether the news that is covered is done so in a little more depth or done in a more engaging way. I think that’s what might happen. And I see that as being good for the country. Don’t you?

Recommendations: 0
Ian Beaumont
posted on Monday 1st April at 23:15

Simon Kelsey,

For the first three days, nobody did take any interest in the expenses situation, because the Telegraph was a Tory paper, and the paper had focused exclusively on Labour MPs that had been caught up in the scandal. It wasn’t until the fourth day that they revealed a large number of Tories had done the same thing, and only then, people began to take notice. Until then, they thought it was the same old partisan rubbish that we’re used to seeing from the Conservative press.

Now you tell me that it wasn’t deliberate that they spent 3 days reporting on Labour MPs before reporting on Conservative MPs, and even after that, the majority of their coverage concentrated on the Labour MPs rather than the Tories, with exceptions like that Devon idiot who went on Radio 4’s World At One, and claimed that the public had no right to know what MPs were spending taxpayers money on.

In short, the Conservative press’s coverage of that scandal, cost Labour the 2010 election. The only saving grace was Cameron didn’t have a storng enough presence to capture a lot of those who deserted Labour in that election.

Recommendations: 0
Ian Beaumont
posted on Monday 1st April at 23:34

James Cridland,

You should spend some time looking at how news providers in other countries cover the news. I will often look at various news sources from across the world, from Canada, the US, Ireland, Europe, South Africa, Asia, Australia and New Zealand. It really is refreshing to read the different ways articles are written and to spot the agendas behind them.

Taken in the context of all the various sources that I look at, the BBC tends to be pretty close, most of the time. They don’t always get it right, but generally they are pretty good. CBC in Canada, SBS in Australia, ABC in Australia are also excellent. I have apps on my iPod Touch from Reuters, AP and AFP and they are all excellent with their coverage.

Amongst some of the worst, are Fox News Channel from US, Press TV from Iran, RT from Russia, and Sun News Network from Canada. Their biases are the most transparent and easy to spot. RT also at times acts like a Russian National news channel, more than an international news channel. Sun News in Canada spouted absolute nonsense last year during coverage of the US presidential election, making up fictitious numbers showing Romney having a massive lead, which they were massively caught out on.

EuroNews isn’t bad, but their coverage is very pro-EU at times. Al Jazeera, CNN, France 24 are okay, but Al Jazeera still over-favours Middle East, Africa and Asia generally, CNN can be a little too US focused occassionally, and France 24 is obviously a bit French biased.

The more news sources you look at, the easier it gets to spot the bias.

Recommendations: 0
Simon Kelsey
posted on Tuesday 2nd April at 01:31

Now you tell me that it wasn’t deliberate that they spent 3 days reporting on Labour MPs before reporting on Conservative MPs

I’m not saying it wasn’t deliberate (I don’t recall if this was the case but I have no reason to doubt you). However, the Conservatives hardly came out of the scandal smelling of roses.

Regardless of how you feel the Telegraph specifically reported this story (and let’s remember that it was reported by many other news providers subsequently, some with very different agendas to the Telegraph’s), I don’t see how you can claim that newspapers, as a whole, are incapable of performing the task of holding those in power to account – they patently do, and are often far more aggressive in doing so than the broadcast media.

In short, the Conservative press’s coverage of that scandal, cost Labour the 2010 election.

Really?

I’m not saying that the expenses scandal (which tarred pretty much every party) didn’t have any influence, but I also seem to remember an incident involving a pensioner in Rochdale and a Prime Minister who forgot he was miked up. Plus the televised debates in which the main thing we learnt was that, according to Gordon Brown, some bloke called Nick had all the answers.

I’d argue that those events (plus the less tangible things – like the economy, which often nobody can do much about but is always going to be blamed on the ruling party when things go wrong) were probably just as, if not more significant factors (not to mention the question of Brown’s leadership itself).

Recommendations: 0
John Varnham posted on Thursday 11th April at 14:26

US radio is infamous for it’s shock jocks and opinionated talk show Hosts. Media across the pond has benefited over the years from a hands off approach to regulation that has allowed charcters like Howard Stern to flourish. On the face of it, if the requirement to be impartial was removed,it’s possible we could also hear similar characters on our radio. Unfortunately I think extremely unlkely that the suits currently running our media would allow anyone with even a hint of an opinion within a country mile of their studios. Imho Commercial radio has been turned into a sanitised audio equivalent of wall to wall beige carpet! I wonder whether in todays corporate climate presenters such as Timbo, Caeser, the James Whale of Red Rose radio days, Robbie Vincent or even the legendary George Gale would be allowed a free reign?
Sadly I suspect that the answer to that is a resounding NO!

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