Consultation paper on the regulation and licensing of broadcast content and a strategy for digital radio

Transcription

1 Consultation paper on the regulation and licensing of broadcast content and a strategy for digital radio June 2011

2 1. Foreword This consultation paper invites views on the regulation and licensing of broadcast content, and the question of a strategy for digital radio. The Communications Commission is inviting written responses, by Friday 22 July Stakeholder responses will further inform the Commission s ongoing strategic review of communications. This consultation can be viewed online at and a response form is annexed to the consultation paper for your convenience. Following the closing date all responses will be considered. Please send your comments by Friday, 22 July 2011 to: Mrs Margaret King Office Manager Communications Commission 2 nd Floor St Andrew s House Finch Road Douglas Isle of Man IM1 2PX Or by to: margaret.king@iomcc.im If you have any queries please carmel.mclaughlin@iomcc.im or call (01624) With thanks for your cooperation Hon Adrian Earnshaw MHK Chairman Dr Carmel McLaughlin Director 2

3 2. The Consultation The Communications Commission is seeking views, firstly, changes to existing licensing of radio stations, secondly on proposals to regulate new audiovisual (or TV type) material disseminated via the internet, and thirdly, on a strategic response to the options available to the Island for digital radio. A number of questions are set out at the end of this consultation, and your views on these, and on any other aspects of the topics concerned, are invited. Responses will inform the Commission s Strategic Review of Communications, which will in turn determine how communications are regulated on the Island in the future. 2. The Strategic Review The Commission began a strategic review of communications in 2009, consulting on proposals for a New Framework for Communications Regulation in December that year. This consultation laid out a number of options: 1. Maintaining the status quo; 2. Moving to the standard European approach; or 3. Creating an approach specific to the Isle of Man, based around strengthening competition in the retailing of services and ensuring investment in the Island s infrastructure. An Island-specific approach was recommended by the Commission as the one most suited to the Isle of Man s unique position. The consultation received responses from a variety of parties, including licensees, government departments, parish commissioners, business groups and individuals. Most of these supported the Commission s recommendation and consequently, after careful consideration of all the responses to the consultation, the Commission decided to pursue this option. Council of Ministers has agreed that the Commission should develop this approach. Thus, following broad consultation approval the Communications Commission is proposing a number of changes to the regulation and licensing of broadcast content and a strategic policy decision on digital radio, as the next steps in the implementation of its proposed new framework for communications regulation. 3. Background to this consultation As part of its strategic review of communications, the Commission requested a report by specialist consultants to assess the future needs for audiovisual content regulation on the Island, as well as the possible options and the Island s best choice from these in establishing a policy on digital radio. The full report is available on the Commission s website, at The Island s existing regulatory framework for audiovisual content is currently constructed around three main aims. These are: ensuring the provision of a range of services that would meet public demand; guaranteeing an amount of public service content; and ensuring that vulnerable audiences are protected from inappropriate material. 3

4 This framework is based on two assumptions of regulatory control: first, that radio and TV services were broadcast over a limited number of channels or frequencies, with different types of content being broadcast at different times of day; and, second, that the audiovisual material broadcast was broadly homogeneous in terms of standards and approaches originating as most of it did in the UK, the US, Europe or Australia. However, with technological advances, such as the growing availability of quality audio and audiovisual material over the internet, and the access that this increasingly gives audiences to material outside the traditional broadcast channels, the traditional way of regulating content is no longer either adequate or appropriate. For example, the development of content with interactive and addressable elements has important implications for commercial messaging, privacy and consumer protection. Thus, the first audiovisual strategic issue for the Isle of Man is that the traditional model is no longer adequate or appropriate for regulating the audio and audiovisual content available to the Island s consumers. It is therefore important that we restructure the regulatory framework to deal with the issues brought up by this ongoing and inevitable shift. A second strategic issue for the Island concerns digital radio. In view of the development of digital radio services in neighbouring and other nations, and the lessons that may be learned from the progress to date in these, it is both timely and important that the Isle of Man Government should consider the policy options available to the Island regarding the possible development of such a service. 4. Proposals The consultants report makes the following recommendations for changing the way in which audio and audiovisual material is regulated on the Isle of Man: Licensing of services The health of the broadcasting sector on-island can be maintained through the licensing process. In the radio sector, a specific licence renewal process would provide more certainty for the industry, balancing the desire for listener choice with the necessity of maintaining the sector s commercial viability. It is therefore proposed that the Commission should be given specific powers to renew existing licences at the end of their term, subject to analysis of the market and it being satisfied that consumers have an appropriate range of services available to them. It is also proposed that the Commission should have the power to introduce a licensing or authorisation process for linear (e.g. broadcast) and non-linear (e.g. ondemand) audiovisual (TV like) services, tailored to the nature and demands of these emerging media. This could potentially attract commercial opportunities by adopting a more tailored regulatory approach than that available in the EU. 4

5 Public service broadcasting Specific legal provision should be made to clarify the commitments of the Public Service Broadcaster. At present, Manx Radio is recognised as the Island s public service broadcaster and has public service obligations in its licence. However, more clarity on these responsibilities, and on the renewal of the PSB licence, would help maintain value for money and the quality of public service content. Regulation for non-broadcast content originating on the Island As audio and audiovisual content is increasingly consumed outside traditional radio and television broadcast channels, it would be forward-looking to establish a code for content providers to sign up to that consumers can build faith in. However, with the proliferation of online sources, and the highly fragmented nature of internetdelivered services, the Commission would consider encouraging a more selfregulatory approach to ensuring the adherence to a basic minimum of content standards in relation to non-broadcast (e.g. online, on-demand) material, with the Commission retaining ultimate powers of supervision and intervention, known in regulation as backstop powers. Digital radio A number of nations have invested in digital radio networks. These systems provide a number of advantages over FM, but they have less far-reaching, and therefore more expensive, transmission networks. Furthermore, evidence suggests that UK and Isle of Man listeners are very satisfied with the choice of analogue radio for example, at the end of 2010, over two-thirds of listening was to FM/AM receivers. Given that some European nations now have very expensive loss-making DAB transmission networks, the Isle of Man should not rush into adopting a particular digital radio technology, but should recognise the strategic uncertainty about the viability of DAB, especially in small markets, and monitor developments in digital radio, so that when a digital solution emerges that fits the needs of the Island s broadcasters and residents it can be cost-effectively implemented. A working group, consisting of representation from the Commission, Government and Broadcasters should be set up to monitor developments and advise on the appropriate digital solution. 5. Questions to consider In order to inform the Communications Commission s ongoing strategic review of communications, we are seeking views on a number of questions. The Commission welcomes views from individuals, interested parties, groups and public representatives. It would be particularly helpful to have your responses to the following questions: Question 1: Do you agree that the Communications Commission should be given specific provisions to renew existing licences at the end of their term, subject to analysis of 5

6 the market and it being satisfied that consumers have an appropriate range of services available to them? Please give reasons for your answer. Question 2: Do you agree that the Commission should have specific powers to grant new licences or authorisations for linear and non-linear audiovisual services? Please give reasons for your answer. Question 3: Do you agree that specific legal provision should be made to clarify the commitments of the Public Service Broadcaster? Please give reasons for your answer. Question 4: Do you agree that the Commission should encourage a self-regulatory approach to ensuring the adherence to a basic minimum of content standards in relation to nonbroadcast (e.g. online, on-demand) material, with the Commission retaining backstop contingency powers? Please give reasons for your answer. Question 5: Do you agree that the Isle of Man should adopt a policy of monitoring developments in digital radio, so that when a digital solution emerges that fits the needs of the Island s broadcasters and residents it can be cost-effectively implemented? Question 6: Are there any other aspects of this consultation, the consultants report or the subject areas in general that you would like to comment on? 6. Next steps This consultation is for a period of 6 weeks and responses are required in writing by Friday, 22 July Mrs Margaret King Office Manager Communications Commission 2 nd Floor St Andrew s House Finch Road Douglas Isle of Man IM1 2PX Or by to: margaret.king@iomcc.im 6

7 The Commission will consider the responses, a summary of which will be made available on the Commission s website. Unless specifically requested otherwise, any responses received may be published either in part or in their entirety. Please mark your response clearly if you wish your response and name to be kept confidential. Confidential responses will be included in any statistical summary and numbers of comments received. When submitting your views please indicate if you are responding on behalf of an organisation. To ensure that the process is transparent in line with the Government s Code of Conduct on Consultation responses can only be accepted if you provide your name with your response. The purpose of consultation is not to be a referendum but an information, views and evidence gathering exercise from which to take an informed decision. In any consultation exercise the responses received do not guarantee changes will be made to what has been proposed. 7