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Executive summary

Consultation published: 21|04|2004
Consultation closes: 15|06|2004

Introduction

Parliament has required Ofcom, the communications regulator, to review the effectiveness of public service television broadcasting and to report on how it can be maintained and strengthened. This is the first phase of our review. It sets out our initial conclusions about the effectiveness of broadcasting on the main terrestrial TV channels, and our initial views on how to maintain and strengthen the quality of public service broadcasting in a changing market, as we move into a fully digital world.

A matter of terminology

The term 'public service broadcasting' is frequently used and often abused. It has at least four different meanings: good television, worthy television, television that would not exist without public intervention, and the institutions that broadcast this type of television.

To avoid confusion, we will use the following convention throughout:

The current effectiveness of broadcasting

The Communications Act requires the main terrestrial TV channels - BBC One, BBC Two, ITV1, Channel 4, S4C and Five - to deliver programmes and services which cover a wide range of subject matters and which meet the needs and interests of many different audiences. Among other aims, they are expected to meet high standards, to educate, to inform, to entertain, and to reflect and support cultural activity in the UK. They should reflect the lives and concerns of different communities in the UK, and include an appropriate proportion of content made outside the M25 area.

We have examined the effectiveness of the main terrestrial TV channels from three broad perspectives:

Our initial finding is that broadcasting on the main terrestrial TV channels has partially, but not completely, fulfilled the requirements of the Communications Act. There are some significant achievements, but also important shortcomings in effectiveness, partly due to the actions of broadcasters, and partly because viewers have drifted away from the more challenging types of programming, traditionally thought to be at the heart of UK television.

Output

The main terrestrial TV channels receive 57% of total UK television revenue and continue to provide a wide range of high quality output. Competitive pressures are mounting, and while this has welcome aspects it has also had an impact on the balance of peak-time schedules (6pm to 10.30pm). We found that:

Between 1998 and 2002, expenditure on programming by the main terrestrial TV channels rose by 19% in real terms. But excluding sports and movie rights, where inflation has been high, expenditure growth on programming was only 8% in real terms.

Impact

The main terrestrial TV channels accounted for the majority of viewing, even in multichannel (cable, satellite and DTT (-2-)) homes. But their effectiveness as a means of reaching large audiences with a wide range of programming diminished

For all the decline in audiences, terrestrial channels still broadcast important events, such as the Rugby World Cup, which brought the nation together. They also offered initiatives such as The Big Read or Restoration, which had an impact beyond viewing figures.

Value

Our attitude survey showed that the public appreciated and valued television, but there were differing views about the existing output:

We also asked people how well they thought the main terrestrial TV channels were providing different types of programming:

In-depth discussions with the public and with broadcasting professionals revealed widespread support for competition between the main terrestrial channels to provide the sorts of programming specified in the Communications Act. But different broadcasters were also expected to achieve different goals:

Maintaining and strengthening public service broadcasting

A changing environment

A fully digital world will fundamentally alter the shape of the market, and the role of the main terrestrial TV channels in it:

These changes have profound implications. First, increasing competition for revenues is likely to reduce the funds available to broadcasters to meet their current programming obligations. Second, the fragmentation of the audience may weaken the justification for a large amount of direct or indirect public funding for broadcasting.

Over time, questions are bound to arise about continued public support for and investment in the provision of programming that fewer people watch, and that fails to reach large groups of the viewing public.

The definition and purpose of public service broadcasting

TV broadcasting and its regulation evolved over decades without always having a clear rationale.

But we believe there are two simple aims behind the historic regulation of terrestrial broadcasters:

Providing the programming that as citizens we want to be widely available for as many people as possible to watch. Such programming secures the wider social objectives of UK citizens by making available TV which has broad support across the UK, but which would be underprovided or not provided at all by
an unregulated market.

Consumer rationale

Most markets routinely provide the products consumers value and want to purchase. But in a world with only a limited number of free-to-view TV channels, an unregulated market is unlikely to provide such an outcome. Regulation was designed to ensure that a sufficient range and balance of programmes was provided on each terrestrial TV channel, alongside programmes that catered for minority as well as for mass audiences.

As digital take-up progresses, with multichannel provision, encryption systems and a wide variety of different models of consumption, the market failures associated with consumers not being able to watch the programmes they would willingly buy are diminishing fast. We believe that in the future, public service broadcasting will no longer be needed to ensure consumers can buy and watch their own choice of programming.

There may remain concerns about the market power of some broadcasters, but in our view these are better dealt with by the application of competition law than through a large public intervention.

Citizen rationale

Even if the TV market provided all the programming that consumers desired and were willing to buy, it would probably not offer sufficient programmes that are valued by society as a whole.

Addressing under-provision by an unregulated market may become more important as the world becomes more complex, and social cohesion, cultural identity and aspects of the democratic process are under pressure.

We believe the purposes of programming in this category are:

Bridging the shortfall between what a well-functioning broadcasting market would provide and the wider ambitions of UK citizens is our definition of the enduring purposes of public service broadcasting. It constitutes a continuing rationale for PSB, one which, for the time being, retains widespread public support.

But if it is worth doing, it must be capable of reaching audiences and being appreciated by them:

We set out below a series of initial propositions from our Phase 1 research in three sections: a new framework for PSB; the immediate consequences of our Phase 1 research; and propositions for the transition to a fully digital world. These propositions are intended to stimulate debate and provoke responses. Our own programme of work will be designed to examine them over the coming weeks and months.

A new framework for public service broadcasting

1. PSB should in future be defined in terms of its purposes and its characteristics rather than by specific genres (programme types). Many of the most successful examples of broadcasting over the past five years have defied traditional categorisation. Audiences are, for instance, drifting away from specialist arts, religious and current affairs programming.
2. The purposes of PSB lie in underpinning an informed society, reflecting and strengthening our cultural identity, stimulating our appetite for knowledge, and in building a tolerant, inclusive society.
3. The characteristics of PSB must underpin its distinctive contribution. It implies programmes of quality, innovation, originality, challenge and wide availability. These are sometimes hard to measure, but vital to secure in all aspects of PSB.
4. Producing PSB with appropriate purposes and characteristics is not enough. TV currently plays a unique role in reaching millions of people. It must continue to do so if it is to justify significant public expenditure. This suggests that PSB is likely to have to deploy a creative approach which blends public purposes and popularity, that is serious in intent but accessible in style, and that finds new ways of leading audiences to interesting and challenging material.

The immediate consequences

1. PSB must achieve reach and impact to be effective. It must be free to respond to the challenge of providing accessible and popular programming. This suggests that regulation should break away from narrow obligations specifying hours of certain types of programming across the schedule. Implementing this new approach to PSB will require a new framework of remits, accountability, measurement and qualitative judgement to ensure that programmes and television channels meet the purposes and characteristics of PSB. Ofcom will work with the commercial broadcasters to develop and introduce this new framework.
2. A high priority should be placed on achieving digital switchover, to bring increased choice and competition and to enable the market to work more effectively on behalf of consumers. The case is set out in Ofcom's report on digital switchover (available on the Ofcom website: www.ofcom.org.uk). Achieving switchover should be given preference over some of the more marginal obligations currently placed on commercial terrestrial broadcasters.
3. There remains an important role for all the main terrestrial TV channels to play in delivering PSB prior to switchover. But regulation of commercial broadcasters will need to be made clearer and easier to enforce. The central components of
PSB delivery on ITV1 and Five should be news, regional news (for ITV1) and original UK production; the aspects that have high audiences, that are valued highly by the public, and that can be effectively mandated.
4. Channel 4 will have a critical part to play, especially given the public desire for originality and innovation. Ofcom will pursue a close dialogue with Channel 4 to ensure the channel remains well-placed to deliver PSB purposes
and characteristics effectively in the future.
5. In parallel, the BBC needs to reaffirm its position as the standard setter for delivering the highest quality PSB. The BBC Governors should take
the lead in ensuring the BBC addresses concerns about derivative formats, aggressive scheduling, competition for acquired programming and a balanced schedule in peak viewing hours.
6. Our research identified a strong desire for a safe environment for younger viewers, especially on the main terrestrial channels. But audiences also told us that some early-evening programmes, including soaps, have an important social role
to play in airing complex and controversial issues. We will undertake a thorough exercise to consider different approaches to regulation in this area.
7. Viewers and broadcasters appear to be uncertain about the role of programmes for the English regions, other than in news. We will also begin
an investigation of the importance of national and regional programming, including consideration of how it is delivered.
8. We are in a period of transition from analogue TV to digital TV. All of the main terrestrial broadcasters still have substantial scope for the effective delivery of our definition of PSB. But during the next five years a new model of PSB regulation will need to emerge. If new institutions are to be created, or older ones reformed to play an effective role in the digital world, development should begin now rather than at the point of digital switchover.

Propositions for the transition to a fully digital world

Proposition 1

We need to examine the prospects for PSB funding and the case for seeking alternative resources. The existing commercial funding base for PSB is being eroded. Popular support for the TV licence fee may be jeopardised by increased audience fragmentation. So, new forms of explicit or implicit funding or support for PSB need to be considered for the longer term. These should include areas such as electronic programme guide (EPG) positioning, digital multiplex access, commercial TV's payments to the Treasury and other possible incentives.

Proposition 2

Competition in the provision of PSB is at the heart of an effective system. In a digital world, a single, monopoly supplier of PSB is unlikely to be the most effective model for delivering PSB purposes or characteristics, or for securing plurality of views and perspectives. We need to examine the case for sharing existing funding streams among a greater number of broadcasters and allowing broadcasters or producers to bid for PSB funding.

Proposition 3

Where public funding is necessary to secure the purposes and characteristics of PSB, different means of distributing funding should be examined. One option is to continue with direct allocations to designated broadcasters. A second is to make allocations through a new intermediary (a 'purchaser' of PSB) with either broadcasters or producers as recipients ('providers' of PSB). Both options need
to be assessed as we consider the best model for delivering PSB in the digital future.

Proposition 4

We should continue to secure a substantial contribution to PSB by not-for-profit organisations in addition to contributions from profit-making broadcasters. This is because social purposes may be more easily achieved when the organisational aims within which commissioners and schedulers work are closely aligned with PSB purposes, rather than potentially in conflict with them.

Proposition 5

The market is likely to produce significant amounts of programming which meet both the purposes and characteristics of PSB, and which can be defined as PSB. Some programming (and channels) supplied without public intervention already contribute to PSB purposes. Prior to switchover, we should work to explore how many of the purposes and characteristics of PSB can be provided, without public intervention, by the evolving TV broadcasting market.

Proposition 6

Notwithstanding developments in the market, there is a strong case for the BBC to continue to undertake a wide range of activities to underpin the delivery of the public purposes and characteristics of PSB. But its range of activities needs to be reviewed periodically in relation to core PSB purposes.

Proposition 7

Every programme shown on the main commercial terrestrial channel's schedules need not always reflect PSB purposes and characteristics. In the case of the BBC, however, with its unique and privileged funding status, programmes should always strive to reflect the broad purposes and character of PSB to some degree.

Proposition 8

Channel 4 will need to overcome increasing financial pressure if its contribution to PSB is to be viable in a fully digital world. Internal efficiency and self-help must be the starting point. If necessary, a range of alternative options should also be considered, including new commercial initiatives, a share of contestable funding, a new source of direct funding, or a share of the licence fee. In considering these options, Channel 4's distinctive role and ethos should be maintained on a secure footing through its ownership status, covenants and expression of purposes.

Proposition 9

Independent producers make a major contribution to PSB purposes across most programme types. Apart from one or two specialist areas (e.g. news), our supposition is that there is more scope for independent production to enhance the delivery of PSB. Measures that need to be considered include raising the quota of programming which broadcasters must commission from independent producers.

Proposition 10

There are many significant challenges ahead. Once digital switchover has been achieved, public intervention to secure PSB may not be justified on its present scale, either because market failures are reduced considerably, or because it will prove impossible to secure the purposes and characteristics of PSB through television at a reasonable cost.

We would welcome responses to all the ideas set out in this executive summary:
our conclusions about the effectiveness of the current system of television broadcasting on the main five terrestrial channels; and the propositions in the above section on maintaining and strengthening PSB in the future.

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