Sports Events: Broadcasting Rights (Hansard, 4 March 1996)

§ The Parliamentary Under-Secretary of State, Department of National Heritage (Lord Inglewood)

The Government's consultation exercise is now effectively complete. There has been a series of meetings with terrestrial, satellite and cable broadcasters, with regulatory authorities, with sports bodies, and with consumer, viewer and listener organisations. We have had extensive correspondence,8WA particularly from the public. We have reviewed the recommendations of the National Heritage Select Committee's 1994 report on television coverage of sport. We have also had very much in mind points made in debate on the Broadcasting Bill.

This consultation exercise has proved useful. It has given all concerned the opportunity to put their case in the knowledge that the matter was under review. And it has allowed the Government to reach a better understanding of the issues, and to decide on a way forward which recognises all the interests involved.

It is clear that the primary public concern relates to listed events and how they might be protected for terrestrial free-to-air television. This issue was raised in our discussion paper. It was the focus of debate at Lords Committee stage and of the amendment which now forms Clause 1 of the Bill.

The Government accept the strength of public and parliamentary concern on this issue and that there is a case for additional protection for listed events. We propose at Third Reading to bring forward an amendment building on Clause 1 of the Bill as amended in Committee to guarantee the availability of live coverage of listed events for terrestrial free-to-air television and to provide for a number of measures to secure the best deal for sports bodies, broadcasters and the public. These include scope for subscription and pay-per-view services to offer alternative or fuller coverage of a listed event, supplementing terrestrial coverage to the benefit of viewers. We shall include a review mechanism to reflect the need for flexibility in the fast-moving broadcasting sector.

In addition, the Government keep the list of listed events under review. One point raised in consultation was that the process of deciding on the list should be made more transparent, and that criteria should be established to act as a reference point for future decisions. The Government think that this is an interesting suggestion and will consider it further.

The Government have also consulted on a separate proposal that broadcasting rights to any sporting event of national or local interest should be "unbundled", so that a broadcaster with exclusive rights will be obliged to license rights to recorded or radio coverage to general reception broadcasting services. The Government are not persuaded of the case for such a control. It would introduce an entirely new concept of very wide scope. It could have damaging financial consequences for sport. And it ignores the widespread availability of highlight and radio coverage, freely negotiated between sports bodies and broadcasters. The Government understand that the ITV Association thinks it preferable that the market should take its course within existing competition rules, and sees advantage in this approach.

The Government understand that the Sports Council advocates a voluntary code of conduct, including an agreement by governing bodies of major spectator sports that viewers and listeners should have the widest possible access to major sporting events. The Government see attractions in this approach and invite the Sports Council to develop it with the governing bodies.

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The Government's approach reflects consultation and discussion and seeks to respond to the primary concerns raised by the public. We have addressed the issue of broadcast sports rights in a practical and flexible way, ensuring a fair balance between all interested parties.