PARLIAMENTARY DEBATE
Cairncross Review - 12 February 2019 (Commons/Commons Chamber)
Debate Detail
With permission, I would like to make a statement on the publication of the Cairncross review. I would like to thank Dame Frances Cairncross for leading the review and the expert panel and officials who worked with her to develop it. It comes at an important time. In her report, Dame Frances paints a vivid picture of the threat to high-quality journalism in this country. There are about 6,000 fewer journalists now than there were roughly a decade ago. Print circulation of daily national papers fell from 11.5 million in 2008 to 5.8 million in 2018. In the same period, circulation of local newspapers halved.
As the review makes clear, there are many reasons for this, but the main driver is a rapid change in how we consume content. The majority of people now read news online, including 91% of 18 to 24-years-olds. As this shift has taken place, publishers have struggled to find ways to create sustainable business models in the digital age. As the review sets out, between them Google and Facebook capture the largest share of online advertising revenue and are an increasingly important channel for the distribution of news content online. They also hold an array of data on their users that news publishers cannot possibly hope to replicate, which further strengthens their position in the digital advertising market.
This combination of market conditions threatens to undermine the future financial sustainability of journalism. Even publications that have only ever been online are struggling. This should concern us all. Dame Frances notes that while high-quality journalism is desirable, there is one type of journalism that society and democracy cannot do without, and that is public interest journalism. This is the type of journalism that can hold the powerful to account and is an essential component of our democracy. It helps us to shine a light on important issues, in communities, in courtrooms, in council chambers and in this Chamber, but this type of journalism is also under threat, especially at the local level, and the review cites numerous examples of what happens to communities when a local paper disappears. Dame Frances’s report comes at a vital time, therefore, and I welcome her focus on public interest journalism.
I want to set out to the House how the Government intend to respond to this important issue. There are many substantial recommendations in the review. There are some that we can take forward immediately and other more long-term recommendations where we will consult with stakeholders about the best way forward.
First, I will deal with the recommendations we are able to progress immediately. Online advertising now represents a growing part of the economy and forms an important revenue stream for many publishers, but this burgeoning market is largely opaque and extremely complex, and it is impossible to know whether the revenue shares received by news publishers are fair. The review proposes that the Competition and Markets Authority conduct a market study of the digital advertising market. The purpose of this study would be to examine whether the online marketplace is operating effectively and whether it enables or prevents fair competition. It is right that policy makers and regulators have an accurate understanding of how the market operates and check that it is enabling fair competition, and I have today written to the CMA in support of this study. I will also urge Professor Jason Furman to treat the review as additional evidence in his ongoing inquiry into digital competition in the UK, whose findings are due to be published in the spring. I recognise that online advertising has given rise to a wider set of social and economic challenges, and my Department will therefore conduct a review of the way in which online advertising is regulated.
The Cairncross review cites the concerns of publishers about the potential market impact of the BBC on their sustainability. They argue that the BBC’s free-to-access online content makes it harder for them to attract subscribers. The review also questions whether the BBC is straying too far into the provision of “softer” news content—traditionally the preserve of commercial publishers —and suggests that that might benefit from the scrutiny of Ofcom.
Let me be clear: the Government recognise the strong and central role of the BBC. As the review states,
“the BBC offers the very thing that this Review aims to encourage: a source of reliable and high quality news, with a focus on objectivity and impartiality, and independent from government.”
However, it is right that the role of the BBC, as a public service broadcaster, be appropriately transparent. The review recommends that
“Ofcom should assess whether BBC News Online is striking the right balance between aiming for the widest reach for its own content…and driving traffic from its online site to commercial publishers (particularly local ones)”.
Of course, some of those questions were addressed as part of the charter review process, but I have written today to ask Ofcom to look carefully at the review’s recommendations and identify any new concerns that deserve attention. For instance, there may be ways in which the BBC could do more to drive traffic to commercial sites, particularly the local press.
Another recommendation is a proposal for two separate forms of tax relief for news publications, one of which is intended to bolster the supply of local and investigative journalism by enabling it to benefit from charitable status. The review notes that in the United States philanthropic donations provide, on average, 90% of the total revenues of non-profit news publishers. Although we have a different media landscape, as the review points out, charitable status could reduce the costs for those producing essential public interest reporting, and could pave the way for a new revenue stream through philanthropic donations. I recognise that that avenue has been explored before and that some hurdles will have to be cleared, but I believe that we should pursue it. I have therefore written to the Charity Commission, and look forward to hearing how it can help in that regard.
As I explained earlier, there are areas in which we shall need to consult further and respond in further detail. For instance, Dame Frances recommends the establishment of an institute for public interest news to promote investigative and local journalism. She proposes that the institute should act as a convener for organisations with the means to support public interest news, including the BBC and online platforms. It would also be tasked with generating additional finance for the sector, driving innovation through a proposed new fund, and supporting an expansion of the BBC’s local democracy reporting service. That BBC-funded scheme is a shining example of what can be done. The first of its kind in the industry, it is embedding 150 journalists in local publishing firms to produce local democracy reporting, particularly relating to local councils. I met some of those reporters last week. So far they have produced 50,000 stories between them, all of which might not otherwise have been heard. The Government will explore, with others, what more can be done in that regard.
The review calls on the Government to do more to incentivise the publishing industry’s transition to digital. It proposes an extension of the current scope of VAT exemptions so that they apply to online payments for all news content, not simply print news content, and a new tax relief for public interest news providers. I know there is passionate support for that in the publishing sector, and we share its ambition for a healthy and sustainable industry. As the House knows, the Government always keep taxes under review. Any decision to amend the UK tax regime is, of course, a matter for the Chancellor of the Exchequer as part of the annual fiscal cycle, but I will discuss the matter further with the industry and with my colleagues at the Treasury.
I want to highlight two recommendations that cover similar ground to work that the Government are already doing. One is the sensible proposal that the Government should develop a media literacy strategy, working with the range of organisations already active in this space. Evidence suggests that there is a correlation between media literacy and a greater propensity to pay for news, so improving media literacy will also have an impact on the sustainability of the press. Ensuring that people have the skills they need in order to separate fact from fiction is the key to long-term success in tackling this issue, and I am pleased that Dame Frances has focused on it. We welcome the recommendation, which relates closely to our ongoing work to combat disinformation. Last month the Minister for Digital and the Creative Industries, my hon. Friend the Member for Stourbridge (Margot James), hosted a roundtable on media literacy, and the Government are looking into what more we can do to support industry efforts in that area.
The other recommendation that I want to highlight is the call for the creation of new codes of conduct between publishers and the online platforms that distribute their content. The codes would cover issues relating to the indexing of content on platforms and its presentation, as well as the need for advance warning of algorithm changes likely to affect a publisher. Their development would be overseen by a regulator. The review also proposes that regulatory oversight be introduced as part of a “news quality obligation”, requiring platforms to improve the way in which their users understand the origin of an article of news and the trustworthiness of its source. Dame Frances recognises that platforms are already starting to accept responsibility in that regard.
Those two proposals deserve the Government's full consideration, and we will think about how they can inform our approach. Our consideration will include our work on the online harms White Paper, which is due to be published shortly.
The review sets out a path to help us to put our media on a stronger and more sustainable footing, but Dame Frances makes it clear that it is just one contribution to the debate. We cannot turn back the clock, and there is no magic formula to address the systemic changes faced by the industry. However, it is the role of any responsible Government to play an active part in supporting public interest journalism. We will consider the review carefully, and will engage with press publishers, online platforms, regulators, academics, the public and Members of the House as we think about the way forward. I remain open to further proposals that may go beyond the recommendations or scope of the review.
I know that this issue is of great concern to Members in all parts of the House, and today’s review is an important milestone. At the heart of any thriving civil society is a free and vibrant press. The Government—and, I have no doubt, the House—are committed to supporting it through changing times, and ensuring that it can continue to do its job. I commend my statement to the House.
As the Secretary of State said, the release of the Cairncross report is a milestone—a small milestone—on the road of our enormous task of addressing digital and news publishing. Finding the right solutions requires creative policies and cross-party partnership, and Opposition Front Benchers are ready to work with the Government where we can. I thank the Digital, Culture, Media and Sport Committee for the rigour of its ongoing work in relation to the harms caused by digital disruption. I look forward to reading its next report, and I commend its Chair, the hon. Member for Folkestone and Hythe (Damian Collins), for maintaining a determined cross-party unity of purpose in the face of corporate obfuscation from companies such as Facebook.
As we have heard, this review addresses an urgent issue: we have lost 6,000 frontline reporter jobs since 2007; newspaper circulation rates have fallen by half; 350 local news titles have closed; and half of Britons are now worried about fake news. Meanwhile, the emerging tech companies continue to increase their bottom lines with ever-increasing advertising revenues, extracting value from content produced by others while taking little responsibility for the destruction they leave in their wake.
Some of the review’s recommendations in this regard are particularly welcome. We said last summer that Labour would extend charitable status to public service journalism, so I am pleased to hear that the Secretary of State has today written to the Charity Commission to pursue that further. We have also publicly supported increased media awareness courses and reporter training schemes, and I am glad to see that the Government might soon be adopting that approach as well. But in other areas I am afraid that the review is barking up the wrong tree.
I understand that the Secretary of State is duty bound by this report to write to Ofcom asking for an assessment of BBC News Online’s market impact, but that could be counterproductive, because while local titles are closing it is the BBC that produces exactly the sort of public interest and publicly trusted content that the review was designed to encourage. Does the Secretary of State therefore agree that it will be a big mistake if the Government choose to pick a fight with the BBC over this, or to raid its budgets even further, rather than tackling the real problem: a distorted digital market?
It seems to me that the problem is clear: savvy tech platforms have developed targeted behavioural advertising that allows companies to direct their products towards certain audiences. Only they can do that, because the data needed to segment markets is overwhelmingly owned by emerging data monopolies, so the only way to reach consumers is through a decreasing number of digital giants. This is all part of surveillance capitalism.
Mergers and acquisitions by digital giants have meant that over half of all digital advertising revenues in the UK are now hoovered up by two companies, Google and Facebook. This is a duopoly. It is the main cause of the 70% reduction in print advertising revenues that has hit newspaper bottom lines so hard, and the dominant position of these social media giants means that in negotiations with news publishers they do not play fair.
I understand that this is a difficult problem to solve: these are global companies so big that they see themselves as being above the law. So let me say to the newspaper industry that I know the situation looks bleak, and it may be disappointed that there are not harder recommendations in this review, but even in these dark days of Brexit and increasing division in politics there is one man who is uniting this House: Mark Zuckerberg. He insulted us all when he refused to attend the Select Committee on Digital, Culture, Media and Sport. He may think that the UK market and our institutions are not a priority for him, but I hope he knows there is now a new resolve that transcends our party differences to deal with abuses by his company and others.
I appreciate that the Secretary of State has asked the Competition and Markets Authority for a market study of digital advertising, but does he agree that this review was actually tasked with looking at that in its terms of reference? It is not his fault that the review has ducked this part of its responsibilities, but the reality is that commissioning the CMA to look at this kicks the can down the road again.
We need a bolder, quicker approach. Having looked at this problem for a couple of years now, I think there is a position and a process that we could all coalesce around. First, we need to address the immediate symptoms of market abuse caused by the data monopolies: the harms, the hate, and the fake news. To do that we need a new duty of care obligation on social media companies, enforced by a tough new regulator. Last week a Minister indicated that the duty of care could be enforced by criminal sanctions, not just civil penalties, if companies are found to be in breach. Can the Secretary of State confirm that the Government are considering this?
Secondly, we must address the root cause of the problem, which I believe is a distorted digital market. A review by the CMA is all well and good, and we welcome it, but we need to modernise competition laws to make them fit for the data age to really address abuse in the digital market.
Thirdly, once we have dealt with the symptoms and the causes of the problem, we must improve the health of our digital markets by shaping a digital public sphere to bolster our media sector and protect our democracy. I envisage an online sphere where citizens can access trustworthy news from professional reporters and researchers, content from public institutions, central and local government and public service broadcasters, and public services like our great galleries and collections without being surveilled or targeted by advertisers and having to give up their personal data to transact for services. I hope we can commit today to take our lead from the Digital, Culture, Media and Sport Committee and work in a spirit of unity to deal with the destructive dominance of the tech giants.
On the BBC, the hon. Gentleman mentioned two aspects of what the review says. The first was the issue of market impact and the BBC. As I said in my statement, without prejudging the outcome I think it is appropriate to invite Ofcom to see whether more can be done here. I do not imply criticism in that request, but it is sensible for me to follow through on that recommendation of the review. But as the hon. Gentleman will recognise, the review also congratulates the BBC, and indeed the News Media Association, for the development of the local democracy reporter scheme and suggests that it may well be expanded. Again, it would be right for us to pursue that, and it is a recognition of the positive contribution the BBC is making in this space.
The hon. Gentleman also talked about the dominance of Google and Facebook, and that is undoubtedly a stark feature of the review. It is sensible to follow through on the review’s recommendation to involve the CMA, as it clearly has a role in determining whether the processes over which it holds sway are being appropriately applied, but I do not believe we should stop there, which is why I intend to begin a Government-centred review of the broader policy implications surrounding the online advertising market. That will follow on from the Furman review of competition issues which is already under way.
The hon. Gentleman mentioned the work the Government are doing on online harms, and he knows that we are considering a number of the issues he has mentioned, including of course the penalties that ought to be available when online platforms that have understood their responsibilities choose none the less not to exercise them. He also knows that I am committed to ensuring that those penalties are meaningful. He will forgive me for asking him to wait a little longer for the detail, but we will publish the White Paper shortly.
Finally, I agree entirely with what the hon. Gentleman says about the importance of trustworthy news. It is fundamental to our democracy and our society that we can trust what we read, and that there is a means whereby citizens of this country can read proper and informed scrutiny of what those in power are doing. That applies at both national and local level. The purpose of the Cairncross review was always to make a substantial contribution to that debate and to offer some ways forward. I believe it has done that; I have not suggested, and neither has Dame Frances, that it presents all the answers to these very complex problems, but they are problems with which we are right to wrestle as a democracy, and we are right not to let go of the importance of the scrutiny we are all rightly subject to.
We on these Benches—I am a little isolated here today—very much welcome the Cairncross review, and I pay tribute to Frances Cairncross and to Enders Analysis, which supported her work. The review comes at an important moment for our democracy. After the mess of the Vote Leave campaign, the scandal of Cambridge Analytica, the death of Molly Russell and the huge damage that online harm is doing to our young people, the public expect more. My team and I met representatives of the NSPCC recently, and they gave us some statistics. One in seven children between 11 and 18 have been asked to send self-generated images, and 7% of 11 to 16-year-olds have sent naked or semi-naked images. It is so important that we get this right and that we do the necessary work on self-harm. The recommendations to create a better balance between publishers and platforms, and to persuade online platforms to act in a more responsible way, are hugely important.
The issue of fake news has been mentioned, and I am sure that many people believe that it is damaging our democracy and, indeed, the reputation of the tech companies that have a duopoly in this area, as the shadow Secretary of State said. We must take this very seriously. I hope that the Secretary of State will not simply kick the can down the road in regard to the Competition and Markets Authority, and that he will consider adopting as many of the recommendations as possible.
I absolutely agree that the BBC’s local democracy initiative has been very positive. However, we have before us the huge issue of the licence fee—a tax on the elderly. I know that that is not a mess of the Secretary of State’s making, and I say gently to him that his predecessors appear to have held the BBC to ransom over this issue. That is unacceptable, and I want to work with him and colleagues across the House to ensure that the BBC can be properly funded and that our over-75s get to keep their free licences.
Does the right hon. and learned Gentleman share my concern over the report’s finding that the number of frontline journalists has dropped in the past 10 years from 23,000 to 17,000, at a time when we are so in need of good-quality journalism both at home and abroad? The report’s recommendations on this are important. Cairncross highlights the fact that although news can be found on television and radio, written journalism supplies the largest quantity of journalism and is most at risk. That has never been more apparent than it is now. I commend to the Secretary of State Lindsey Hilsum’s book, “In Extremis”, about the late Marie Colvin, who was unlawfully killed by the Assad regime in 2012. As she once said, we have to bear witness in order to make a difference. We rely on our foreign correspondents to bear witness to atrocities and crimes that none of us could ever imagine or bear witness to, and I am sure that we all pay tribute to Marie and her family.
The duopoly of the big tech companies, Facebook and Google, and the behaviour of Mark Zuckerberg have been mentioned. We must pay tribute to the work of the Digital, Culture, Media and Sport Committee on this, but criminal sanctions must be put in place. These tech companies cannot continue to get away with the kind of things that they have got away with. What measures does the Secretary of State believe will be necessary to bring those companies on board with these proposals? Their response could well be that they will regulate their own content and not submit to any external regulator, so what more does he believe we can do make those changes and put in place the excellent recommendations that Frances Cairncross has presented?
The hon. Lady made reference to a number of aspects of the Cairncross review. She is right to say that we should insist on the platforms taking responsibility for what they can do. One thing they can do is to ensure that the issue of so-called fake news, misinformation and disinformation is addressed robustly. They have the capacity to do that, and as Dame Frances recognises in the review, some good work has been done by the platforms on this, but there is clearly a great deal more that they could achieve. The hon. Lady is also right to say that it is in the interests of the online companies to do that. If they do not do so, they will cause ongoing damage to their reputations, and I know that they will want to take that very seriously.
The hon. Lady mentioned the licence fee concession and its impact on the BBC. She will forgive me if we do not engage in that debate at this point, but I would say that what we expect and hope for from the BBC is something that can be delivered, irrespective of the debate that goes on about the licence fee concession. I know that the BBC is keen to follow up on some of the recommendations in this review and to see how it can help further. The hon. Lady is also right to say that we should pay tribute at every opportunity to those brave journalists who bear witness to what happens not only in this country but around the world, and who, at considerable risk to themselves, take the chance to deliver those messages and bear that witness for our benefit. Marie Colvin and others deserve our thanks.
The hon. Lady rightly picked up the fact that the Cairncross review refers to the possibility of an independent regulator taking responsibility for some of the things that Dame Frances has described. That is something that we are considering in the context of the online harms White Paper, and it might well be that some of the recommendations in this review are best dealt with when bringing forward that White Paper. There will be a Government response, which I think will come in tranches. Some of it will come very quickly, some will be brought into the online harms White Paper, and some will take a little longer.
I welcome my right hon. Friend’s statement. The review is overdue and most welcome, and I want to make two particular points about it. First, it is absolutely right to ask for the BBC to be looked at. If a subsidised organisation is able to become a publisher, which it was not prior to the arrival of the internet, then it is now in the same space as others that do not benefit from such a subsidy and have to earn money. That has caused a problem, and we must look at how the BBC operates given the amount of money that it receives and at what damage or problems that causes.
Secondly, I agree with the deputy Leader of the Opposition, the hon. Member for West Bromwich East (Tom Watson), that the elephant in the room is the social media companies. Adam Smith makes it clear in “The Wealth of Nations” that this kind of monopoly cartel is damaging to people as individuals and to the functioning of a democratic society. At some point, social media companies will need to be broken up, and the way to do that is to make them publishers and responsible for everything on their sites. Just watch what will happen after that.
Turning to social media platforms, my right hon. Friend will know that the Government are engaged in several overlapping pieces of work, and the online harms White Paper will address many of the issues he describes. There is an ongoing question as to whether it is appropriate to apply the label of publisher to online companies. However, I am less interested in the label and more interested in what those companies do, how we ensure that they fulfil their responsibilities to the users of their services and then, of course, what should happen if they do not fulfil those responsibilities.
When it comes to professional and public interest journalism, the recommendations in chapter 6 of the Cairncross review are important for everyone to read. With the Secretary of State having referred to how the BBC is helping local journalism, may I take this opportunity to say that today is the last day for responses to the BBC consultation on age-related licences? I hope that the Secretary of State will consider whether the Treasury could make it possible for the value of the licence concession to the over-75s to be taken into account in the old-age pensioners free tax allowance, so that the money can be recycled into the BBC. That would be a far better way of making the licence means-related than any of the other suggestions in the consultation.
As someone who lived through the reduction in the number of jobs and the shrinking circulation figures, and whose family was directly affected by them, I recognise everything in this report and welcome its recommendations. Many of them, such as a new institute for public interest news and tax breaks for non-profit and charitable organisations, are very welcome. Less welcome, though, is the sideswipe at the BBC for the local democracy reporter scheme, which is vital in protecting local democracy, although one problem with the scheme may be that it has been consumed by the four biggest players. In taking this issue forward, perhaps the Secretary of State might consider some way of protecting local and hyperlocal publications by ensuring they are part of the scheme so they are not eaten up by the bigger organisations.
Although there are questions to be asked about the BBC’s engagement in this space, and we will ask those questions, the Cairncross review’s view on the local democracy reporter scheme is, broadly speaking, positive.
Despite our having an incredible online newspaper, Your Harlow, and a possible new paid-for Harlow edition of the Epping Forest Guardian, the fact remains that thousands of people are going to be disenfranchised. Will my right hon. and learned Friend use this opportunity to help small community organisations that may already have small publications either with some kind of tax credit or with a special grant, just as we give grants to entrepreneurs to start small businesses, to ensure that people are not left out of receiving the news, especially as we have had a basically free newspaper in our town since 1953?
On tax reliefs and other forms of incentive that we are able to offer, we will consider what Dame Frances says very carefully. One attraction of at least one of the methods she suggests is that it will enable us to focus on the public interest news that she speaks so much about and that we want to see supported. If we do that, it would be a good case to make.
We are dealing here with the concentration of enormous economic power with the few, and with a very few platforms and platform owners; the dangerous monopoly of expertise; the power of surveillance; the fact that the much-promised encryption and privacy of personal data does not exist, even in WhatsApp; and the unlimited potential for the abuse of technology and people. Surely the Secretary of State agrees that the commercial strength and share of the advertising market of these new platforms, the personal wealth of those who own them and the monopoly of personal data are, in the words of this important review, each alone a “justification” for regulation. Surely he agrees that much more must be done immediately. Will he join me and the deputy leader of the Labour party in saying from the Dispatch Box that there must immediately be put on these companies a duty of care to all those who use them? That will be the first wake-up call and the first sobering reality that these platforms will face.
Unfortunately, I fear that the Government, once again, have pulled their punches on the BBC. The BBC has huge firepower compared with ITV and UTV, its subsidiary in Northern Ireland. It has the largest news-watching audience, yet the BBC competes deliberately against it to undermine it in Northern Ireland. That disadvantage must stop as soon as possible.
I come from North Staffordshire, which is well served by its local newspaper, The Sentinel. It is a tribute to the editor, Martin Tideswell—Stoke born and bred—that in these difficult days and times it not only comes out six days a week, but has managed to keep a lot of display and classified advertising. The Government clearly cannot subsidise newspapers; that is not what journalism is about. Is it not about time that the major beneficiaries online, such as Google and Facebook, not only pay their taxes, but are held better to account over copyright and pay fairer dues to publishers, including those of national and local newspapers?
Our Digital, Culture, Media and Sport Committee inquiry into fake news and disinformation highlighted the threats facing high-quality journalism, largely through the use of algorithms and bots to spread what is effectively fake news—stories that are not true—to huge audiences. Does my hon. Friend agree that that needs addressing with strong measures against the publishers promulgating it? Does he also agree that the traditional media outlets that often pick up these clickbait stories should themselves be responsible for promoting good-quality journalism so that the public know who they can trust? Will my right hon. Friend give assurances that that will be addressed through the proposed new institute?
I welcome the local democracy reporting service. The Secretary of State and I heard about that work last week. May I encourage its expansion? I also pay tribute to those local reporters who, quite often, face the same kind of attack, online and offline, that we, as Members of Parliament, face, and that our staff face in carrying out our work.
Contains Parliamentary information licensed under the Open Parliament Licence v3.0.