HL Deb 10 February 1986 vol 471 cc89-91WA
Baroness Burton of Coventry

asked Her Majesty's Government:

Whether, in elaboration of their reply to the Starred Question of the Baroness Burton of Coventry on 30th January (cols. 787–8) concerning suggestions put forward by the Monopolies and Mergers Commission on the arrangements for providing information about forthcoming programmes on BBC and IBA services, they will give details of the further information referred to in the Question.

The Parliamentary Under-Secretary of State, Home Office (Lord Glenarthur)

On 29th January 1985 the Director General of Fair Trading invited the Monopolies and Mergers Commission under Section 3 of the Competition Act to investigate the policies and practices of the British Broadcasting Corporation (BBC) and Independent Television Publications Limited (ITP), publishers of theRadio Times and TV Times, of limiting publication by others of advance programme information and of not granting licences which would allow others to publish such information beyond specified periods. The commission, whose report was published on 11th September 1985, concluded that the practices, though anti-competitive, did not operate against the public interest and they made no formal recommendations. They considered, however, that the present arrangements were not necessarily the best that could be devised and made a number of suggestions for possible improvements. Following consultations with the BBC and ITP we have now received their following responses to these proposals.

(i) The commission suggested that the BBC and ITP should give further consideration to the advantages and possibility of introducing a system under which publishers would be licensed to publish (on payment of a reasonable fee) programme details for a week ahead in substantially the same form in which the details are supplied. Neither organisation considers it appropriate at the present time to introduce such a system, but both accept the need to be responsive to public needs and have undertaken to keep their practices under review.

(ii) The commission suggested that there was a need for the BBC and ITP to clarify their arrangements for the publication of programme information during holiday periods. In response to this proposal both organisations are preparing documents clarifying their arrangements for holiday periods which will be sent to interested parties.

(iii) The commission suggested that the BBC and ITP should reconsider with the Newspaper Society and the Association of Free Newspapers their arrangements for publishing programme information in weekly newspapers. The ITP has informed us that it accepts that it is appropriate now to review its policy in the matter as there is an increasing tendency for weekly newspapers (particularly free sheets) to be published before Thursday. Accordingly, it agrees that newspapers published on Wednesday can include weekend programmes for two days only, which must be either Friday/Saturday or Saturday/Sunday. No newspaper can publish more than two days' details, i.e., if they choose to include weekend days they cannot include Thursday or Wednesday. This extension is not to be applied to newspapers publishing earlier in the week than Wednesday. The Newspaper Society and the Association of Free Newspapers will be informed of this change.

The BBC are discussing this question in the course of meetings with the newspaper organisations mentioned above. They anticipate that there will be an agreement to a revised basis for the weekly newspapers in due course.

(iv) The commission suggested that the BBC and ITP should consider the possibility of waiving copyright in weekly schedules during periods when publication of the Radio Times and/or the TV Times is interrupted by industrial disputes. ITP have pointed out to us that the Commission acknowledged that these arrange- ments could risk exacerbating the industrial dispute. They do not accept that industrial disputes will always warrant waiving the copyright, but they have reached agreement with the ITV companies that on-air promotion would be increased in these circumstances and that there would also be an extended programme guide on Oracle. Both the BBC and ITP will assess each situation in the light of the prevailing circumstances.

(v) The commission suggest that the BBC and ITP should set out in their accounts the profits derived each year from the Radio Times and TV Times. ITP accept that they should show profits from TV Times before deducting copyright fees and this change is now incorporated into the annual accounts. The BBC say that it has been their practice since the publication of the Annan Report to set out in their accounts or the notes thereto the profit derived from the Radio Times and they will continue to do so in the future.