Clause 12 - Functions of the Content Board
Communications Bill
3:45 pm
Mr John Whittingdale (Maldon and East Chelmsford, Conservative)
I do not want to spend too long on this, but it is undoubtedly true that the content board will take on responsibility for important matters that are likely to generate a lot of public controversy and interest. There is some concern that the boundaries of the content board should be properly defined.
Amendment No. 148 would address the worry that businesses overseen by Ofcom may face a double jeopardy. If Ofcom delegates a function to the content board, it may also be considered and perhaps overruled by the main board. Clearly, the main board must have the ultimate responsibility. I am not suggesting that it should not have such power. I hope that the Minister accepts that some businesses subject to oversight by Ofcom may make their case to the content board, which is given immediate responsibility, only to find that the main board will concurrently exercise judgment. The amendment is designed to flag up the concern about businesses facing a double jeopardy. Will the Minister reassure me about such matters?
Amendment No. 61 is concerned about decisions that are likely to have a significant impact on various businesses. Businesses should be properly consulted and there should be no chance of the content board overreaching the powers that have been delegated to it. The Joint Committee outlined the need for further clarification of the responsibilities of the content board, but the Government said that they expected Ofcom to provide a clear statement about the board's role. We consider that that is insufficient and leaves open the possibility for arbitrary and non-transparent exercise of powers. The amendment would ensure that the content board is not able to make decisions that could have untoward and negative repercussions on companies that use content as an integral part of their commercial service offerings. Will the Minister consider that and provide reassurances for businesses that will be affected by the deliberations of the content board?