Clause 12 - Functions of the Content Board
Communications Bill
4:15 pm

Dr Kim Howells (Parliamentary Under-Secretary, Department for Culture, Media & Sport; Pontypridd, Labour)
I suspected when I read the clause—about midnight some three days ago—that when we reached the amendments under discussion, a number of anoraks would start to unfurl themselves. I know that the hon. Member for Sheffield, Hallam would not be seen dead in an anorak.
These provisions relate to the functions of the content board and therefore to the content of anything that is broadcast or conveyed by means of an electronic communications network. They also relate to Ofcom's consumer research function as it relates to content. As we have seen, Ofcom's interest in content, in relation to media literacy, extends beyond broadcasting to other media, including the internet.
However, it does not extend to the regulation of internet content. I hope that that clarifies things a little.
I know that we are running short of time, Mr. Gale, but I want to draw the Committee's attention to part of clause 390, beginning at line 41 of page 332, which states:
'' 'television and radio services' means—
(a) programme services apart from those provided by the BBC; and
(b) services provided by the BBC in relation to which OFCOM have functions;
'television programme' means any programme (with or without sounds) which—
(a) is produced wholly or partly to be seen on television; and
(b) consists of moving or still images or of legible text or of a combination of those things''.
As the hon. Member for Sheffield, Hallam says, life is more complicated than that. He asked the Committee about whether we should leave the frontier vague or whether we should make it precise. My answer is that, at this stage, we should leave it as vague as possible.
I repeat that the content board will not regulate internet content. I suppose that we are asking for a content board that is, in a way, ignorant of the existence of the internet. However, I hope that I have explained things and have answered the specific question from the hon. Member for Lichfield. The content board will research, and advise on, matters relating to the internet and to media literacy. However, the board will be fully part of Ofcom, so it can have no regulatory functions or powers that Ofcom does not have. The Bill does not provide for Ofcom to have any regulatory powers over internet content; therefore, the content board cannot have such powers either.
