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11 July 1990
House of Lords
First debate on "due impartiality"
(as outlined in Clause 6 of the Broadcasting Bill)
Taken from Hansard volume 521, beginning at column 362
9.00 p.m.
Baroness Birk [Opposition spokesman] moved Amendment No. 78:
Page 6, line 8, leave out paragraph (b) and insert:
("(b) that a reasonable amount of time is given to news
and current affairs programmes, and that all news in
the programmes (in whatever form) is presented with
due accuracy and impartiality;").
The noble Baroness said: This amendment expands the requirement on all licensed television services to provide news and current affairs programmes that are reasonable in quantity. The 1981 Act provided for a sufficient amount of news and news features in programmes. The Bill does not make a general requirement for all licensed services but in Clause 16(2) (a) places an obligation on Channel 3 licensees to broadcast a sufficient amount of news and current affairs. It extends this obligation to Channel 5 but not to cable and satellite services. This is more the practical expression of a new television system than one of public service broadcasting.
The rather legalistic term "reasonable" is preferable to vague terms such as "sufficient" or "proper" and the more prescriptive term "significant" as regards the amount of time devoted to news and current affairs. The term "reasonable" seems to be a good compromise among all the various alternatives available, none of which is perfect. I beg to move.
Earl Ferrers: This amendment and Amendment No. 246 would impose a requirement to provide a reasonable amount of news and current affairs programmes on all ITC and Radio Authority licensees, including all cable and satellite channels and local community and commercial radio stations.
Such an all-embracing requirement for news is unnecessary. We have set out detailed news and current affairs requirements for Channels 3, 4 and 5 in later clauses in the Bill. I see no need for every single cable programme service or satellite channel or every local radio station to devote time to news and current affairs. This would run counter to our desire to see expansion and diversity in these areas.
The principal commercial television channels will be required to show news and current affairs programmes. A number of cable and satellite and .radio services will almost certainly continue to do so. But where one person, for example, held a licence to provide several non-domestic satellite channels and devoted one such channel exclusively to the provision of news it would seem unnecessary to require also that all his other channels should also contain a reasonable amount of news and current affairs. I hope the noble Baroness will realise that this amendment would constitute too onerous a requirement.
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Baroness Birk: I shall want to read what the Minister has said and, if necessary, return to the matter on Report. In the meantime I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Lord Renton moved Amendment No. 79:
Page 6, line 10, leave out ("due") and insert ("true").
The noble Lord said: This amendment concerns impartiality where there is a matter of controversy or current public policy. It is rather different from the two previous amendments which concerned impartiality in relation to news. This is a probing amendment on a simple matter of drafting. But rather curiously, I suggest, it has been grouped with nearly 20 other amendments, all of which are of real substance. I wonder if it might be convenient if we disposed of this simple amendment of mine first before getting on to the rest of the group. I think that might save time. I see nods of agreement on both sides of the Committee. I shall deal with this amendment briefly.
The word "due" in the context of various matters has, according to the Oxford English Dictionary, at least half a dozen meanings. Some interesting historical references are given; for example, the expression "with due respect" is often used when we are merely being polite. However, in our own minds we do not convey any respect at all by it.
The Shorter Oxford English Dictionary gives one meaning as adequate, "due" being synonymous with adequate. That may well be the vague interpretation which has sometimes been applied since 1950. I suggest that the word "due" in relation to impartiality as regards programmes on matters of political controversy is too vague, too flexible and too doubtful. We need something more positive and precise. Therefore, I suggest that the term to be used should be "true impartiality". That word also has several meanings, according to the Shorter Oxford English Dictionary. The word "true" means steadfast or honest in relation to people, but in relation to a statement or a belief - that is what we are dealing with here - it is described as being consistent with fact.
Other meanings given are exact, accurate, precise, proper, rightful, legitimate, real, genuine, not counterfeit, spurious of imaginary. We do not want impartiality to be spurious or imaginary. Surely what the commission. should seek to achieve is true impartiality. I hope that I shall obtain a favourable reply from my noble friend on this amendment, which is purely probing at this stage. I beg to move.
Baroness Cox: I wish to say a few words in support of the amendment. I speak tentatively as a layman on these matters, but I believe that the word "true" implies certain objective criteria whereas the word "due" seems more negotiable and therefore possibly conveys a more arbitrary concept. As this amendment and all the subsequent amendments that we are about to discuss concern impartiality, we are ultimately concerned with matters of truth. We are also concerned that all the available relevant evidence should be presented in the best possible way so that people can make up their own minds on complex and
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controversial issues. It is important and appropriate to do everything possible to underline the concept of truth. I wish to support this probing amendment of my noble friend.
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