Last week’s King’s Speech marked the beginning of a new parliamentary session and outlined the government’s legislative programme for the months ahead. Of note to the media sector, was the carryover of the Digital Markets, Competition and Consumers (DMCC) Bill and the highly-anticipated introduction of the Media Bill.

Media Bill

A Draft Media Bill was published in March 2023 and was formally introduced during the King’s Speech. Most of the provisions of the Bill will apply across the whole of the UK.

The government’s stated purpose of the Bill is to make “long-term changes” to ensure viewers and listeners across the UK can continue to access public service television and radio content as technology changes. This includes bringing forward legislation to:

Modernise the ‘mission statement’ for public service TV so that public service broadcasters (BBC, ITV, STV, Channel 4, S4C, Channel 5) are encouraged to focus on what makes them distinctive - while having the flexibility to serve audiences across the UK with high quality programmes on a wider range of services.
Guarantee prominence for public service content and ensure it is always carried by connected devices and online platforms, and easy to find for UK audiences e.g. on smart TVs, set-top boxes and streaming sticks, to protect the sustainability of PSBs.
Ensure UK radio is easily accessed through smart speakers by ensuring listeners can continue to find the content they expect.
Reduce regulatory burdens and costs on commercial radio stations, to support investment by broadcasters in content and the long-term sustainability of the sector, while strengthening protections for the provision of local news and information.
Support Channel 4’s sustainability, including by strengthening the broadcaster’s governance arrangements and allowing Channel 4 to make more of its own programmes.
Allow S4C, the Welsh language broadcaster, to broaden its reach and offer its content on new platforms in the UK and beyond, updating its public service remit to include digital and online services, and formally implementing in statute other recommendations made by Euryn Ogwen Williams’ 2018 independent review.
Recognise the importance of minority language content in the public service remit for TV (covering Welsh, the Gaelic language, Irish, Scots, Ulster Scots and Cornish), and give Gaelic-language content appropriate prominence, through MG Alba’s existing partnership with the BBC.
Better protect children by applying similar standards for TV to the streaming giants. The Bill will ensure standards are upheld on video-on demand services through a new Video-on-demand Code, to be drafted and enforced by Ofcom.
Provide greater access to subtitles, audio description, and signed interpretation for the millions of people living with hearing loss and visual impairments in the UK when they watch or listen to content on-demand, in line with requirements on live TV.

The Bill also includes a provision to remove a threat to the freedom of the press by repealing Section 40 of the Crime and Courts Act 2013, which, if commenced, could force publishers to pay the legal costs of the people who sue them, even if they win.

The Bill will have its First Reading in Parliament on Tuesday 21st November.

DMCC Bill

The DMCC Bill received its first reading in April 2023, and a carry-over motion was agreed in May. The Bill aims to introduce a world-leading regulatory regime in digital markets by creating a new targeted ex ante competition framework to quickly and effectively prevent anti-competitive activity and boost innovation over the long term. It also aims to create more choice, more protection and lower prices for consumers.

Key elements of the Bill include:

Establishing new rights over subscription contracts to give consumers more control over their spending
Introducing new powers for the Competition and Markets Authority to take action against bad business practices more quickly, without needing lengthy court action and with penalties for those breaking consumer law.
Granting new powers to the Competition and Markets Authority to address the far-reaching power of a small number of tech companies.

Just this week, the government presented amendments to the DMCC Bill to ensure that the Competition and Markets Authority cannot impose an intervention on a firm unless it is proportionate to do so. These amendments will maintain the appeals process for all regulatory decisions (except fines) on the basis of judicial review principles, which will help to balance regulator powers with fair review processes.

The Bill will have its Report Stage and Third Reading on Monday 20th November.