Independent Television Authority (Hansard, 21 December 1955)

§ 19. Mr. Gordon Walker
asked the Postmaster-General what action he is taking with the Independent Television Authority to prevent a repetition of the extension of advertisements beyond natural breaks in the programme such as occurred during the televising of a boxing match on the evening of Tuesday, 15th November.

§ 28. Miss Burton
asked the Postmaster-General if he is aware that there was a breach of Section 4 of the Television Act, 1954, during the broadcast of "Sports-view" by the Independent Television Authority on Wednesday, 16th November; and what action he is taking in the matter.

Dr. Hill
With permission, I will answer Questions Nos. 19 and 28 together. The responsibility for ensuring that the programme contractors 2009 comply with the Television Act, 1954—

§ Mr. Ness Edwards
On a point of order, Mr. Speaker. As the two Questions deal with entirely different principles, ought the right hon. Gentleman to ask for permission to treat them as one in his Answer?

§ Mr. Speaker
That is not a point of order. The right hon. Gentleman should listen to the answer. If it does not cover both Questions, we will see what we can do about it by way of supplementary questions.

Dr. Hill
The responsibility for ensuring that the programme contractors comply with the Television Act, 1954, rests on the Independent Television Authority.

§ Mr. Gordon Walker
Does not the right hon. Gentleman feel that he has some responsibility to ensure that an Act passed by Parliament is enforced, and that this breach must have been deliberate because the duration of advertisements and the duration of the interval betw1een rounds of a boxing match are known beforehand accurately by the programme contractors? It must have been a deliberate breach of the law.

Dr. Hill
Technically, in law, the responsibility rests on the Authority. In the particular case, the Authority informs me that, due to an error of timing, a 60-second advertisement ran over into the actual boxing. The Authority is doing its utmost, as far as is possible, to ensure that that sort of thing does not happen again.

§ Miss Burton
Might I ask the Postmaster-General, in regard to Question No. 28, which deals with another day, whether the same condition applies, and what reasons were given to him for the insertion of an advertisement about Esso petrol in the middle of the "Sportsview" programme, for which there was no necessity at all?

Dr. Hill
The hon. Lady, in her Question, did not make clear the exact advertisement to which she was referring. I will gladly look into the point which she raises, and pass it to the Independent Television Authority.

§ Mr. Ness Edwards
Surely the right hon. Gentleman is not seriously putting that one over to the House? He knows that there was only one advertisement pushed in. He knows that the programme was broken by the very person who was running it in order to get this plug in the middle of "Sportsview." There was only one advertisement. Surely there can be no mistake? Is it not time the right hon. Gentleman tried to get the I.T.A. and the programme contractors to conform with the undertakings given in this House?

Dr. Hill
I assure the hon. Lady that I quite honestly assumed that it was another incident which she had in mind. [HON. MEMBERS: "How many more have there been?"] I will gladly look into it, and pass it to the Independent Television Authority.

§ Mr. Gordon Walker
Will the right hon. Gentleman look into the matter? It is a deliberate process of exploiting the provision of the law about natural breaks. Everybody who looks at the programme realises that the spirit of the law is being broken. Surely the right hon. Gentleman has some responsibility to the House in the matter?

Dr. Hill
I recognise my responsibility. It would be a pity for the right hon. Gentleman to speak of "deliberate breaches of the law." Parliament has established the Independent Television Authority, and I suggest that we should give that Authority our full confidence and support in the difficult task that lies before it.

§ Mr. J. Griffiths
Arising out of what the right hon. Gentleman said in reply to a supplementary question, is it within his knowledge that there have been lots of cases in which the law has been broken?

Dr. Hill
I did not say that. What I said to the hon. Lady was that the instance of a certain advertisement for Esso petrol which she quoted was not the one to which I surmised she might be referring. I did not suggest that the other was illegal. I merely gave the frank answer that I thought she had something else in mind, and I added that I would look into the point which she raised.

§ Mr. Griffiths
Will the right hon. Gentleman inform the House what cases there have been, within his knowledge, besides those referred to by my hon. Friends?

Dr. Hill
No, Sir. Thank goodness I do not watch all the television programmes. If hon. Members have doubts or points, they will no doubt raise them.

§ Mr. G. Jeger
Will the right hon. Gentleman watch very carefully, if not the actual programmes, these instances of a breach of the law, which are becoming increasingly frequent, and which many of us regard as being the thin end of the wedge? Will he ensure that the wedge does not get any thicker?

Dr. Hill
I will deal faithfully with such instances as are brought to my notice, provided that it is borne in mind that the Television Act places the responsibility upon the Independent Television Authority.

§ Mr. Jay
Can the right hon. Gentleman tell us how many breaches of the law have been brought to his notice?

Dr. Hill
I think I am right in saying that three or four alleged breaches of the law have been brought to my notice.

§ 35. Mr. Ness Edwards
asked the Postmaster-General whether he is aware of the intrusion into every broadcast of a programme known as "Double Your Money" of an advertisement which is a breach of Section 4 (6) of the Television Act, 1954; and if he will exercise his power under Section 4 (5) of the Act to prevent this form of sponsoring.

Dr. Hill
The responsibility of ensuring that the programme contractors comply with Section 4 (6) of the Television Act rests on the Independent Television Authority and is not dependent on the issue of directions under Section 4 (5) or any other Sections of the Act.

§ Mr. Edwards
Is not the right hon. Gentleman aware that this is really a breach and that this is in fact a system of sponsorship about which we had continuous undertakings from the Government side of the House that it would not be allowed on commercial television? Will the right hon. Gentleman exercise his responsibility to this House, whatever may be in the Act, to ensure that the American system is not further introduced into commercial television?

Dr. Hill
There is nothing in the Act —if I may state this objectively for a moment—that prevents live appearances, and nothing which prevents the appearance of the same person in an advertisement and in a programme. At the same time, there is the requirement that the advertisements should be distinguishable, the requirement about breaks, and, of course, the requirement that the advertiser should not influence, or appear to influence, a programme. I have brought this to the notice of the I.T.A. I am informed that programme contractors are experimenting, with the approval of the I.T.A., in the various types of advertising. The I.T.A. is watching the position very carefully. I shall keep in touch with the I.T.A. in order to prevent what the Act does not allow—sponsoring.

§ Mr. Edwards
Is not the right hon. Gentleman aware that this is about the fifth time that this sort of thing has happened in that programme; that now it has been carried one step further, and the person conducting the programme will himself receive payment from the advertiser? How can it be said that the advertiser is not influencing the programme when his instrument is being intruded into the programme itself?

Dr. Hill
If there is evidence—and it is not yet forthcoming—that in fact the advertisers have influenced the programme—that the advertisers have paid towards the programme—and if the right hon. Gentleman will give me that evidence, then, of course, I will pass it to the I.T.A. and ensure that the Act is observed.

§ 22. Mr. Gordon Walker
asked the Postmaster-General what consultations he has had with the Independent Television Authority concerning the classes and descriptions of goods or services which must not be advertised.

Dr. Hill
I would refer the right hon. Member to my hon. Friend's reply on 14th December to the right hon. Member for Caerphilly (Mr. Ness Edwards).

§ Mr. Gordon Walker
Can the right hon. Gentleman say whether he has in fact held such consultations, and, if so, whether he is to inform us of their outcome?

Dr. Hill
Under Section 8 of the Television Act, 1954, the Independent Television Authority is required to consult the Advisory Committee. It did so consult, and in broad terms accepted the recommendations of that Advisory Committee. These were reported to me in early summer. It seemed to me that the recommendations were sound. I agreed, in so far as I was concerned, and the code was placed in the Library in June this year.