Response
to the Department of Culture, Media and Sport Review of the BBC’s Charter from
Professor Sylvia Harvey.
Submission title: The BBC in the Twenty-First Century, 31 March 2004
THE BBC IN THE TWENTY-FIRST CENTURY
Sylvia
Harvey
31 March 2004
The BBC has a distinguished record of achievement and a fine international
reputation. It has found ways of adapting to cultural and social change and
of serving a multi-cultural and multi-lingual Britain. Throughout its history
it has developed and used a variety of new technologies. And its licence fee
funding has given it the resources required to remain 'ahead of the game', in
programme content and in methods of transmission. Most recently its use of interactivity
and its ambitious and imaginative presence on the web have demonstrated its
ability to set new standards and to meet new needs. Governments of various persuasions have seen it as the pace-setter of public
service broadcasting but they have also wanted to clip its wings or even to
destroy it. It has been attacked by newspapers, politicians, governments and
business interests. At times it has seemed to drift, to lack creative spark
or competitive edge or to exhibit an arrogant abrasiveness. But like the cat
with nine lives it has returned again and again to please and to challenge audiences,
and to present a variety of political beliefs and values with skill and elegance.
As a large corporation it has seemed (at least since the 1970s) relatively human,
open to criticism and able to criticise itself. In difficult circumstances it
has attracted and retained a large measure of public trust. 1.2. High quality, imaginative and cost-effective programmes - and other services
- are currently provided by the BBC on the principle of universal availability
and on a 'free to air' basis throughout the United Kingdom. And the programmes
are not only for the adults who pay the licence fees but for the children who
do not. Without these services our general levels of knowledge, understanding,
literacy and well-being would be considerably lower. And as an example of what
economists have referred to as 'merit goods' they contribute to the general
well-being of society as a whole, as well as meeting the needs of individuals
1.3. Like the national health service, the BBC makes a considerable contribution
to our general quality of life. But it also contributes, mores specifically,
to life-long learning, to economic development and to the 'creative industries'
in Britain. If we were looking at a blank sheet of paper and identifying a need
for the universal provision of information, education and entertainment, for
people of all ages, this would prove a very costly undertaking. As it is, we
have inherited an institution and a service that has invested considerable human
and material resources over the years in the creation of a nation-wide communicative
infrastructure. With some exceptions this infrastructure has delivered services
as much focused on future developments and needs as on comfortable repetitions
of the tried and the tested. Taken as a whole the BBC's services seem to enjoy a kind of 'Citizen's Charter'
kitemark for innovation and reliability. In political terms they make voting
more informed and democratic participation more possible and they do this for
everyone at an affordable cost. In a period when national newspaper-buying is
in slow decline they provide a rich and varied source of well-researched information
combined with judicious and sometimes provocative comment. 2.2. The basis for the BBC's independence has, arguably, been the method of
its funding. Since 1922 all households in Britain have been required by law
to pay a flat rate licence fee, as a condition for receiving broadcast signals
into the home. This has given rise over time to the argument that it is inequitable
for all households to pay the same amount, regardless of household income. The
amount currently stands at £116 per year and these licence fees continue to
provide the BBC with its main source of income. The licence fee method of funding
has also given rise to two other criticisms. The first is that households that
do not wish to use the BBC but do wish to receive other broadcasting signals
are unfairly required to pay for the BBC. The second is that licence-fee funding
is anti-competitive, since commercial providers find themselves unfairly disadvantaged
in competition with a government supported (if not government-funded) service.
2.3. There are two answers to the last two criticisms noted above. The first
is that citizens can expect to pay, through taxation, for a range of services
that do not directly or immediately benefit them. For example, tax payers without
children (or those who choose private education) are still required to pay for
the costs of state primary and secondary schools and those who have made no
use of the national health service are still required to pay towards its general
costs. By extension, those who receive heart operations are still expected to
pay for those who receive hip operations and those who oppose particular wars
or even all wars are required to pay towards all military costs. Taxation operates
on the principle that there is some kind of 'general good' supervised by elected
politicians and funded by general taxation. A similar argument can be advanced
in the case of the BBC as long as enough people believe that there is sufficient
general benefit to be derived from it, and even where particular people or households
do not make use of it. As regards the second criticism and the general issue of business competition,
the European Union has accepted that governments may wish to make a case for
the existence of 'public service broadcasting' and may wish to fund or provide
funding mechanisms for it. Thus the Amsterdam Treaty of 1997 acknowledges the
importance of a 'common interest' in public service broadcasting, and notes
that this must be given due consideration in the context of trade and competition
issues The existence of the BBC licence fee is clearly a matter for political
decision and some national newspapers (particularly in the period before the
1996 Charter renewal) and some politicians and commentators have argued against
it. However, it is the contention of this submission that the public benefit
that derives from licence fee funding of the BBC far outweighs the arguments
of individuals not wishing to fund the BBC or of companies arguing the competition
case. The very existence of the multi-channel environment provides evidence
that the existence and funding of the BBC has not prevented newcomers from entering
the field. 2.4. The licence fee which in part insulates the Corporation from political
control also hands some element of control to government, since it is the government
of the day that has the power to set the level of the annual licence fee payment
as well as having, in effect, the final say in the appointment of BBC governors.
The appointment of governors is considered in Section 3 below. 2.5. In the light of the history and arguments outlined above, this submission
proposes two changes to the current licence fee system. Firstly, it is
proposed that a BBC Council be established, outside the BBC and consisting of
independent experts and other members broadly representative of society at large.
This Council would have two main tasks: setting the level of the annual licence
fee and supervising the process of election of BBC governors. The two appendices
below give some indication of how these proposals might be implemented. Secondly,
the welfare support system of income support to individuals and households should
be adapted to make recipients who have been in receipt of this support for a
minimum of six months eligible for an appropriate payment towards the cost of
their television licence fee. 2.6. The Royal Charter should be renewed. However a new statute should be set
by Parliament confirming the existence and role of the BBC in the long term.
This statute will ensure appropriate accountability to parliament while protecting
the BBC from unacceptable forms of political interference. 2.7. This statute will recognise the licence-fee payers as effectively the
owners of the BBC but ensure that their control is exercised within a framework
of parliamentary accountability. Parliamentary accountability will ensure that
the licence fee payers could not decide to sell the BBC and that the BBC's role
in contributing to the good of society as a whole is preserved. 2.8. Section 3 on governance, below, clarifies some of the ways in which this
new sense of licence fee payer ownership can be expressed and developed. 2.9. It is recommended that the Department of Culture, Media and Sport: The Chair and members of the governing body are seen as public appointments
subject to the Nolan Committee's recommendations on standards in public life.
The public appointments process in general has been improved following the work
of this committee, and there is now greater transparency in the process (including
the advertisement of posts, formal applications, interviews and selection according
to merit and competence-based criteria). Nonetheless the process of senior appointments
clearly remains subject to political influence and government control. 3.2. It is the contention of this submission that licence fee payers are the
BBC's stakeholders in more than a metaphorical sense and that their sense of
ownership should be established through the process of electing members of the
governing body. Two options are suggested in Appendix B below. But both options
are based on the principle of 'one licence fee, one vote'. Elections would be
conducted approximately every three years with a built in continuity principle
(that is, not all seats would be up for election at the same time). The election
would be by postal ballot, with ballots and election addresses probably sent
out at the same time as the licence renewal notices. The BBC Council proposed
above would supervise the election and the nominations process and ensure that
there were an adequate number of candidates standing for election to each seat.
3.3. Governors would, as at present, be part of the BBC but would function
in a way that is independent from the day-to-day management of the organisation.
Their primary duties will be to maintain the independence of the BBC, to ensure
that the BBC has sufficient resources to invest in making radio and television
programmes and on-line resources of high quality and to represent the interests
of listeners and viewers. The governors will engage with strategic issues, meet
regularly with the senior management of the BBC, be supported by an independent
secretariat and research competence, receive reports on and act as the final
court of appeal for the BBC's complaints process, and have a duty to represent
the interests of viewers and listeners There are also some unpopular or minority views (and reflections of minority
or non-market-active interests) that may not be adequately reflected in those
media that are well-advertised and promoted and which reach the largest numbers
of people. The theory and practice of democracy require a well-informed electorate, and
an inclusive and civilised society requires some shared norms or, at least,
some shared understanding of differences and disagreements. It therefore continues
to be of critical importance that viewers and listeners, considered as citizens,
have access to sufficient sources of impartial news and current affairs information.
Impartiality, therefore, will continue to be a key requirement of BBC programming
combined with a generous scope for personal view programmes and opinionated
comment. 4.2. Pluralism It follows from these arguments about the continuing importance
of impartiality that the BBC, as a public service broadcaster, must support
and encourage a pluralism of ideas, approaches and aesthetic forms in its programmes
and on-line information. It is also important to note that pluralism must be
a characteristic of fictional as well as factual programmes, and that drama
as well as documentary should reflect a wide variety of experiences, beliefs
and values. The principle of pluralism should also include an adequate coverage
of international issues in mainstream, peak-time programmes. 4.3. Diversity The BBC must continue to provide a wide variety of types or
genres of programmes and to be at the cutting edge in creating new genres or
sub-genres. Programmes should continue to be offered in the following areas:
news, current affairs, documentary, drama, entertainment, children's programmes,
sport, arts, education, science, philosophy, religion, international affairs
and programmes of interest to particular nations or regions within the United
Kingdom. 4.4. Quality The BBC should continue to provide programmes of high quality
across the range of genres and with sufficient financial investment to ensure
that its output is fully competitive with other providers. The emphasis on quality
should also support opportunities for innovation and experiment and the 'right
to fail'. 4.5. Nations and Regions The BBC is an important supplier of radio and television
services in Scotland, Wales and Northern Ireland as well as in the many and
varied regions of England. The BBC should continue to make adequate budgetary
and training provision for the development of these services and to provide
appropriate competition with ITV in the provision of regional news, current
affairs and programmes of regional or local interest. The recommendations of
the Lyons report regarding the further devolution of BBC facilities and staff
should be implemented. Existing centres of production in the English regions
should be strengthened and new plans should be brought forward for working with
independent producers located within under-represented regions and sub-regions.
The commissioning process should ensure that under-represented voices and values
in the English regions are recognised and resourced as part of the network as
well as regional commissioning process. 4.6. Community Media The Communications Act of 2003 has enabled the creation
of a new sector of community media in both radio and television. The BBC should
be required to find appropriate ways of supporting and working in partnership
with community media initiatives, and a code of practice should be agreed with
community media organisations. It should be the responsibility of the BBC governors
and the DCMS to ensure that this code of practice, designed to outline effective
ways of partnership working, is acceptable to those working within the community
media sector. Appendix A: Draft Outline for a BBC Council A.2. The Council would be independent of both the government and the BBC. It
would consist of communications experts with demonstrable knowledge and understanding
of the principles of public service broadcasting and of the economics of broadcasting,
together with a range of other members, broadly representative of British society.
A.3. Nominations to the Council might be made by professional associations,
political parties, faith-based organisations, voluntary sector bodies, organisations
seeking to represent the interests of viewers and listeners and those representing
viewers and listeners with special needs (for example, for the deaf and hard
of hearing, for the blind and partially sighted). A.4. Detailed research will be required to identify appropriate bodies and
the overall balance of the membership. A.5. The expert members of the Council would have the duty to make recommendations
regarding the level of the licence fee to members of the full Council. A.6. The Council would have a modest capacity to conduct original research
in connection with its two duties. A.7. The Council would be funded by the Department of Culture, Media and Sport.
A.8. The Council would have powers to fund independent organisations whose
specific objectives were to represent and support the interests of viewers and
listeners considered as citizens rather than as consumers. A.9. The annual report of the Council would be presented to Parliament. Option 1: Election of All Members of the Governing Body B.2.2. The normal period of office would be three years (with the possibility
of re-election as indicated above) B.2.3. The elections would be phased so that not all seats would be up for
election at the same time. B.2.4. The Council would consult with the DCMS and the public on drawing up
the constituencies of governorships. There would be a requirement for at least
four governors (one for each nation/region) to take a special interest in matters
of concern to licence fee payers in Scotland, in Wales, in Northern Ireland
and in England. Option 2: Election of Fifty Per Cent of the Members of the Governing Body
B.3.2. The Council would consult with the DCMS and the public on drawing up
the constituencies for the elected governorships. B.3.3. Un-elected governor posts would be subject to the existing public appointments
process. Contact:
1. Citizenship and Public Service
1.1. In the multi-channel, internet-enabled world many households in Britain
have access to a wide range of sources of information and entertainment, this
includes a significant number of homes (around 50%) with access to digital television
services and a smaller number with access to broadband. However, the take-up
of new channels and services has also meant considerably increased monthly costs
for consumers and, for a significant number of homes, either the cost is too
high or there is a reluctance or resistance to taking up new services. In this
situation the provision of a basic package of high quality services for all
homes becomes a high priority for reasons of social equity, cultural cohesion,
educational development and employability.
2. Finance, Ownership and Accountability
2.1. Since the 1920s the BBC has been funded by its users and stakeholders (the
licence fee payers), though it has never been directly controlled by them. It
has also escaped direct control by government. Unlike some public broadcasters
in other European countries, the BBC has never been located within a government
department or grant-aided by a minister with money drawn from general taxation.
And it has been accepted, by both government and BBC, that the corporation should
be independent, operating at a distance from the government of the day. Although
in the eighty years of the BBC's history there have been examples of government
interference, or attempted interference, in the content of programmes.
(i) explore the feasibility of creating an independent BBC Council
(ii) prepare draft legislation designed to provide a legal framework for the
existence and role of the BBC as a non-party-political institution serving the
interests of British society as a whole.
3. Governance
3.1. At present the governors, as well as the Chair, of the BBC are appointed
by the Crown. In practice this means that appointments are controlled by the
government of the day, by the Prime Minister or by his or her designated representative.
4. Public Service Content
4.1. Impartiality The internet and the privately-owned newspaper and magazine
press are characterised by the expression of a wide variety of views. However,
there is a tendency to concentration of ownership in the media field and companies
and individuals are (rightly) free to express their own views and to pursue
their corporate interests. Most importantly, they are under no duty of 'due
impartiality' in commenting on major matters of contemporary public concern
and interest.
5. Investment in the Creative Industries
The BBC has been the primary source for original radio and television production
in Britain and it has given some support to feature film production, both through
direct investment and by developing the talent and skills of some of those who
have gone on to work in feature films. More recently it has become a pace-setter
for innovative work in on-line services and web-based learning. It has also
acted as a patron of and investor in the arts (including music and drama) since
the 1920s. The governors must ensure that the BBC plays a strategic role in
the continuing development of the creative sector of the British economy with
due attention paid to regional and national interests and opportunities.
6. Broadcasting and Beyond
The wide range of expert knowledge and the creative abilities of BBC staff (as
well as of its commissioned producers and writers) means that the BBC is well-placed
to contribute to and to even to affect the culture and ethos of the internet.
While the BBC's primary duty must inevitably be towards British licence fee
payers it should be encouraged to continue to take appropriate initiatives at
an international level.
A.1. The Council would be independent of both the government and the BBC. The
two principle duties of the Council would be:
(i) to set the level of the BBC licence fee for the coming year, based on the
level of resource required by the BBC to fulfil its remit
(ii) to supervise the nominations and election process for the BBC's governing
body.
Appendix B: Draft Outline for the Election of the BBC Governors
B. 1. In both Option 1 and Option 2 (below) the basic principles and method
of election remain the same:
(i) each licence fee payer would have the right to cast one vote;
(ii) the new and independent BBC Council would be responsible for supervising
the election and managing the nominations process;
(iii) governors would have the right to stand for a maximum of three continuous
terms of office;
(iv) elections would take place every three years, but not all seats would be
up for election at the same time;
(v) governors would normally elect their Chair and Deputy Chair on a three-yearly
cycle; there would also be provision for appointing a new chair from outside
the board;
(vi) there would normally be twelve seats on the governing body.
B.2.1. In this Option the independent BBC Council would supervise the election
of 100 per cent of the seats on the governing body (a total of twelve seats).
B.3.1. In this option the new, independent BBC Council would supervise the elections
for half of the seats on the BBC governing body. Arrangements would be as above
but with a total of six seats to be elected. Sylvia Harvey
Professor of Broadcasting Policy
Principal Associate Director
AHRB Centre for British Film and Television Studies
Faculty of Media and Humanities
University of Lincoln
Brayford Pool
Lincoln LN6 7TS
Tel: 01522 886431
Email: sharvey@lincoln.ac.uk