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Party Political Broadcasting Review
Response to Discussion Paper of the Electoral Commission, December 2001
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The Electoral Commission released a discussion paper in December 2001, "Party Political Broadcasting Review, 2001-02", as part of its Election 2001 Review Programme. It invited submissions to inform its review of party political broadcasting arrangements in the UK. The discussion paper provided background information, highlighted particular considerations that the Commission felt are of relevance, and was intended to generate discussion and feedback.
The Electoral Commission will use the comments received in response to the paper to develop options for the future of party political broadcasting arrangements. They will issue a consultation paper containing these options in spring 2002.
RCPB(ML) has submitted its response to the discussion paper, which WDIE is reproducing below.
The Electoral Commission is a public body established on November 30, 2000, under the Political Parties, Elections and Referendums Act 2000. The Commission is independent of government and political parties, and is directly accountable to Parliament. Among the Commissions general statutory functions is a duty to keep under review a range of electoral and political matters, including political advertising in the broadcast and other electronic media.
In their statutory report on the 2001 general election, they identified as a priority the need to review the role of party election broadcasts, including the criteria governing their allocation. They acknowledged continuing concern among political parties regarding the determination of broadcast allocations, together with the need to take account of the increasing diversification of broadcast channels, including those satellite and cable channels not currently bound to provide broadcasts. While the Electoral Commission has a statutory duty to keep these matters under review, they have no direct responsibility in respect of broadcasting arrangements and no powers to ensure implementation of any recommendations they might make.
This review is intended to build upon other recent studies and consultation processes. In considering the wider media environment, the Electoral Commission states that they will build upon a recommendation of the Committee on Standards in Public Life (the Neill Committee), whose report on the funding of political parties in the UK, published in October 1998, noted that the advent of satellite and cable television and of digital broadcasting meant the current arrangements governing political broadcasting "may soon no longer be relevant" and recommended that these arrangements be reviewed on a continuing basis. In January 1998 the broadcasting authorities (BBC, Independent Television Commission (ITC), Radio Authority and S4C Authority) published a joint consultation paper on the reform of party political broadcasting as part of a review that led to modifications to allocation arrangements. Although the Electoral Commission will consider again any specific aspects of the current allocation arrangements that continue to prove controversial, they state that their principal intention is to consider more fundamental aspects of the framework governing party political broadcasting in the UK.
The broad frameworks that the Commission intends to consider as options for the future of party political broadcasting arrangements are as follows:
the retention of a system of allocations of free time to political parties, whether upon the basis of the formulae devised by the broadcasting authorities in 1998 or otherwise;
the discontinuation of free allocations and the introduction of paid political advertising;
the introduction of a mixed system, whereby some paid political advertising is permitted but some free allocations are also retained;
the discontinuation of free allocations with no alternative provision.
This discussion paper provided information that the Electoral Commission believed is relevant to considerations of the broad framework for party political broadcasting in the UK. This included information about the most recent arrangements, discussion about the changing media environment and about public attitudes to broadcasts and what their impact might be, and a brief consideration of the systems used in other countries.
This review is part of a wider programme of review being conducted by the Commission following its statutory report on the 2001 general election.
The review will take into account the views of political parties, broadcasting authorities, broadcasters and other stakeholders, and the discussion paper was the first of two consultation stages. On the basis of comments received at this stage, the Electoral Commission will develop options for the future of party political broadcasting arrangements in the UK. They will then issue a public consultation document containing these options and invite further submissions, prior to issuing their final report and recommendations in summer 2002.
The report will be published and will be submitted to the Secretaries of State for Transport, Local Government and the Regions, and Culture, Media and Sport. The Commission has no powers to impose any recommendations its report makes.
The full discussion paper is to be found on the Internet at http://www.electoralcommission.gov.uk/forms/brdcstrevdispr.pdf
We think that it is positive that the Electoral Commission has initiated discussion in the context of the review being conducted on the political process in Britain following from the General Election of 2001. This is a review which is of concern not only to the registered political parties, but to all members of the electorate having the right to present themselves as candidates for election and to the polity as a whole.
As the Electoral Commission report on the 2001 Election points out, perhaps the single most important aspect of that general election was the accelerated trend away from voting for a party to come to power to form the government for the next five years. The low voter turnout is a symptom of the need and aspiration for renewal of the electoral and political process. In our view, which we have expressed before, at the root of the political crisis and this crisis in credibility of political parties and legitimacy of the political process lies the fact that sovereignty is not vested in the people, but that it is political parties which are brought to power. This means that the working class and other sections of the people are marginalised from the political life of the society and are not able to exercise their fundamental right to be the decision-makers. This is why, in our opinion, all the rules and regulations governing the election, from spending limits, to access to broadcasting time and media coverage, to the selection of candidates and the adoption of party manifestos, need to be reviewed from the standpoint of being critical of their role in bringing one of the "major" political parties to power and marginalising the electorate, and the need to change this situation. We look at the question of reviewing party political broadcasting in this context.
We believe that a review of party political broadcasting should firstly start from the principle of the equality of political parties, and that no privileges should be given to any political party in this respect or that any political party should be discriminated against, or that some parties should be favoured over others in terms of allocation of broadcasting time. The provisions should be neutral in regard to the treatment of all registered political parties, whether they are represented in the House of Commons or not, but should also allow for candidates who are independent of the registered parties, which is a developing trend. Secondly, that it should be clear that the purpose of the broadcasting provisions is to facilitate the electorate as a whole to make an informed choice from the candidates and parties who present themselves for election. It should not be viewed, therefore, primarily from the standpoint of parties vying to come to power and competition between these parties to form the government, but from the standpoint of the involvement of the electorate in the decision-making process, and the role that broadcasting can play in this connection. It may be worth making the point at the outset, therefore, that although the regulations seem to be framed in terms of "party political broadcasts" and "party election broadcasts", a review must bear in mind that the party political system is not immutable, and the participation of all citizens in the political process is what is to be encouraged, rather than, for instance, having to decide between political parties as special interest groups, as representatives of vested interests. The focus of the broadcasting time allocation, therefore, should not be the political parties and what assists them, but how the electorate can have access to all the information they require in order to make an informed choice between the candidates, no matter how selected, who present themselves for election.
The Broadcasting Provisions
The right to equality is at present violated in terms of the allocation of broadcasting time. The regulations favour those parties with seats in the House of Commons after the previous General Election, favouring those with more seats and those who had the greater percentage of the popular vote in the previous General Election. In our view, they are contrary to the need for a level playing field for free and fair elections. The outcome of the previous General Election should have no bearing on the allocation of broadcasting slots for the current General Election or other elections. The smaller parties, in any case, have no less of a right to present their programmes and policies to the electorate than larger parties represented in the House of Commons, and can be considered no less legitimate and their candidates a priori no less worthy. A situation which favours the party or parties in government is evidently unjust, not least because the media is full of reports and discussion on their policies and activities at all times, whereas opposition to these parties, which is not in this favourable position, has to struggle to make itself heard. We think that in Britain this especially needs emphasising, since our government is one of the most ardent champions of the monitoring of elections in other parts of the world to ensure they are conducted in conformity with democratic principles, without censorship or intimidation by the government forces.
Our Party therefore argues that a statutory allocation of broadcasting time to political parties should be on the basis of equality. A review should consider that small parties, parties without representation in the House of Commons, and independent or alternative candidates are at present at a disadvantage in communicating their perspective to the electorate because of the way broadcasting operates as a matter of course, and that this injustice needs to be addressed. In a society where wealth determines everything, the role of the media based on "freedom of expression" ensures that promoting certain parties to the detriment of the other parties on a routine basis is a way of life. RCPB(ML) therefore argues that, since all registered political parties should have equality before the electoral law, all expenditure by these parties on campaigning once an election is announced, including spending on party political advertising, should be prohibited. As part of the allocation of public funds to ensure that all registered political parties receive equal exposure to the electorate, there should also be equality in regard to party election broadcasts. If anything, the party in government, since it stands or falls by its record in office, should be denied the opportunity of party election broadcasts rather than have the lions share.
One of the issues that we think needs addressing is the fact that the party in government has the exclusive privilege to call the election, which is used to spring a surprise attack on the electorate, particularly the registered political parties and other candidates who have to prepare for the campaign. This naturally impacts on election broadcasting, which means that the party in government has the advantage of gearing its broadcasting to take advantage of this surprise attack and also to prepare its own broadcasting in advance. A regular allocation of party political broadcasts, together with the ban on party expenditure during the election campaign itself, would take this problem into account, pending a resolution of the underlying problem. Besides which, such a regular allocation would keep the electorate informed of the platforms of the smaller parties on an ongoing basis, and not only counter the assertions of being "fringe" or "marginal" parties, as well the mud-slinging against other parties, but be a counter-measure to the exclusive big party coverage by the monopoly-controlled media. Those parties that do not have the financial clout to indulge in large-scale advertising would also be presented with the means by which the electorate can hear what they have to say.
These, we think, are the major issues which should be taken account of in formulating a public consultation document. Thus the distinction between "major" and "minor" parties should be scrapped, and play no part in broadcasting allocation. This would also remove any anomalies between allocation throughout Britain and separately in England, Scotland and Wales. Any party standing for the Westminster parliament should have a broadcast allocation which covers the whole of Britain, unless and until there are separate legislative chambers with full national powers for England, Scotland and Wales. Furthermore, consideration should be given to the allocation of political broadcasting slots to independent and alternative candidates, otherwise these candidates will be put at a disadvantage vis a vis the candidates representing the registered political parties. These should also be on a regular basis through the course of the year, which will also facilitate the participation of the electorate in the political process. We would also be in favour of an on-going consultation with the registered political parties on the progress of the review of party political broadcasting, as well as other matters involved in the renewal of the political process and institutions. An all-party consultative forum could be established for this purpose.
These are the initial comments by our Party on the Electoral Commissions Party Political Broadcasting Review Discussion Paper, December 2001, as part of its Election 2001 Review Programme.
The Electoral Commission Discussion Paper includes the following account of the current broadcasting party political broadcasting arrangements.
Introduction
1. Under the terms of the Broadcasting Act 1990, TV Channels 3, 4 and 5, and holders of national commercial radio licences are required to include party political broadcasts in their services. While under no legal obligation, the BBC also provides broadcasting time to political parties.
2. Under the current system, the precise allocation of PEBs is determined by the broadcasting authorities (BBC, ITC, Radio Authority and S4C) in consultation with political parties prior to each election. The range of elections for which broadcasts are allocated in the UK is discussed below, together with more brief consideration of political broadcasts outside specific election campaigns.
3. It should also be noted that, while political parties are free to present their messages as they see fit, the transmission of party political broadcasts has remained the responsibility of the broadcasters alone and is subject to their ultimate control. Broadcasters must comply with the codes of practice and other guidelines developed by the broadcasting authorities, for example with regard to matters of offence to good taste and decency.
4. Since the Broadcasters Liaison Group consultation and review in 1998, the focus of allocation arrangements for PEBs has moved to reflect more accurately the conduct of elections in the constituent nations of the UK, with the four main parties active in Scotland and Wales and the multi-party system in Northern Ireland. While the following summary of allocation arrangements in the context of the range of elections in the UK reflects the broadcasters most recent position, it should be remembered that arrangements for election broadcasts continue to be made on an ad hoc basis before each election.
General elections
5. Prior to the 2001 general election, a series of PEBs was provided by the broadcasters to political parties represented in Parliament, while other parties fielding candidates in 50 seats throughout the UK were also entitled to one broadcast each. For the 2001 general election, the allocation of PEBs was made on a national, rather than UK-wide, basis. Major parties were allocated a separate series in each nation, the numbers of broadcasts in each nation being determined in line with allocations for the previous general and local elections for England and the previous devolved and European Parliamentary elections for Wales and Scotland. Other parties fielding candidates in one-sixth of the seats in one of the four nations in the UK were entitled to a broadcast in that nation. On this basis, the Green Party qualified for one PEB in each of England and Wales, while the Pro-Life Alliance qualified for one PEB in Wales. In Northern Ireland, the Alliance Party qualified for two broadcasts, and the Workers Party one broadcast. If UK-wide parties contested fewer than one-sixth of the total seats in any nation, their PEB was not shown in that nation.
6. Those broadcasters which do not fully split their signals between nations (Channel 4, Channel 5, BBC Radio 4, BBC Radio 2 and the three national commercial radio stations) offered UK-wide broadcasts to Labour, Conservatives, Liberal Democrats, SNP and Plaid Cymru. The Socialist Labour Party, United Kingdom Independence Party and Socialist Alliance (including the Scottish Socialist Party), which each fielded candidates in more than one-sixth of the total seats in the UK as a whole, were also offered one UK-wide broadcast each by these broadcasters.
Local elections
7. Elections to various parts of local government in the UK take place in May each year. Members of county councils in England are elected every four years, and elections were last held in 2001, while elections to the various district councils in England take place in the three years between county council elections. Unitary councils in Scotland and Wales are elected once every four years, and members were last elected in 1999. District councils in Northern Ireland are also elected every four years, by the Single Transferable Vote (STV) system of proportional representation, with elections last held in 2001.
8. The allocation of PEBs at local government elections in Great Britain now reflects the relative positions of the three main parties in England, and the four main parties in each of Scotland and Wales. The main parties are offered two broadcasts each and, as in a general election, any party fielding candidates in one-sixth of the contested seats will be allocated one broadcast. In Northern Ireland, the first local elections to be held since the introduction of a system of formal PEBs took place at the same time as the general election in June 2001; no broadcasts were provided in addition to the general election broadcasts.
9. Wherever it is possible for broadcasters to split their signal, broadcasts by UK-wide parties will not be aired in Scotland, Wales or Northern Ireland when local elections are not being held in those nations. Furthermore, in the event of local elections coinciding with a general election, no additional local election broadcasts are allocated.
European elections
10. Since 1999, members of the European Parliament for England, Scotland and Wales have been elected using a regional list system. The three members for the Northern Ireland region are elected using the STV system. At the 1999 election, PEBs were offered to Labour, Conservatives and Liberal Democrats, and also to SNP in Scotland and Plaid Cymru in Wales. Other parties which put forward a full list of candidates in each of the regions in any nation were offered one broadcast in that nation. Six other parties qualified for a single broadcast in England, four in Wales and five in Scotland. Of those broadcasters unable to split their signal between nations, Channel 4 did not carry any PEBs, while Channel 5 allocated UK-wide broadcasts to Labour, Conservatives, Liberal Democrats, Plaid Cymru and SNP.
11. Under the STV system in the Northern Ireland constituency, no party fielded more than one candidate in the 1999 European election, although a total of three seats were being contested. While the five largest parties were offered two broadcasts, smaller parties, fielding the same number of candidates, could also qualify for a PEB. Under revised allocation arrangements, any party fielding one or more candidates which could point to prior electoral support defined as either gaining more than 2.5% of first preference votes at the previous European election, or sufficient support at the most recent election (the Assembly elections in 1998) to gain one or more seats would be offered a broadcast. Two other parties qualified for a single broadcast in Northern Ireland on this basis.
Devolved Legislatures
12. With the establishment of devolved legislatures in Northern Ireland in 1998 and in Scotland and Wales the following year, arrangements were established for the allocation of PEBs to contesting parties.
13. Members of both the Scottish Parliament and the Welsh Assembly are elected by the Additional Member System (AMS), with a top-up vote from a regional party list in addition to single-member constituencies. While the larger parties fielded candidates in both the constituency seats and regional top-up lists, smaller parties concentrated their efforts on the regional lists alone, and some parties fielded only the number of candidates realistically electable on each regional list, rather than the maximum possible. At the Scottish Parliament and Welsh Assembly elections in 1999, PEBs were allocated to Labour, Conservatives and Liberal Democrats, and also to SNP in Scotland and Plaid Cymru in Wales. Parties fielding a slate of sufficient candidates to match the number of seats available on half or more of the regional top-up lists were also offered one PEB on this basis. A further five parties qualified for a broadcast in Scotland, while four qualified in Wales.
14. Members of the Northern Ireland Assembly are elected by the STV system. The first elections to the Assembly were held in 1998, following the broadcasters decision formally to allocate a series of PEBs to parties in Northern Ireland. Five parties the Alliance Party, Democratic Unionist Party, Sinn Fein, Social Democratic and Labour Party and the Ulster Unionists were each offered two TV and two radio broadcasts. Other parties fielding one or more candidates in at least one-sixth of the constituencies contested (in practice, a minimum total of three candidates across three different constituencies) qualified for a single broadcast. Six other parties qualified on this basis.
London
15. The first contests for a directly-elected Mayor of London and the Greater London Assembly were held in May 2000. The broadcasting authorities faced some difficulty in allocating PEBs for the mayoral election in which 11 candidates stood for one post. The qualifying criteria determined by the broadcasters stated that candidates must demonstrate both previous electoral support (in the three most recent elections in London: the 1999 European election, 1998 borough elections and the 1997 general election), and current electoral support, taking into account opinion polls or other evidence of widespread support. Of the 11 mayoral candidates, five were offered PEBs: the Labour, Conservative, Liberal Democrat and Green Party candidates, together with one independent candidate. The Mayoral and Assembly contests were held at the same time as local elections elsewhere in England, and no separate broadcasts for the Assembly elections were allocated in addition to the series of local government broadcasts.
Combined elections
16. As detailed above, elections to various parts of local government in the UK take place each year, and local election PEBs are broadcast only in those parts of the UK where elections are being held. However, where a general election is held at the same time as local elections, no additional PEBs are allocated for the local election. Elections to the European Parliament usually take place in June, and so will not normally conflict with any other series of elections. In Scotland and Wales, the broadcasters have proposed allocating a single series of PEBs to cover both devolved legislature and local authority elections when these coincide. It is unclear, at present, whether separate PEBs would be allocated in the event of elections to the devolved legislatures coinciding with a general election. This is a matter that the broadcasters would agree as and when it occurs.
Referendums
17. Under the provisions of the Political Parties, Elections and Referendums Act (PPERA) 2000, referendum campaign broadcasts at a UK-wide, national or regional referendum will be allocated to each of the umbrella campaign organisations designated by the Electoral Commission. Detailed allocation arrangements will be made by the broadcasters at the time of any referendum, and the Commission must be formally consulted on any such rules before they are adopted.
Broadcasts at other times
18. In addition to party election broadcasts, as detailed above, the ITC Programme Code requires ITV to offer broadcasts to the major political parties in Great Britain at other times during the year. The Programme Code states that broadcasters will carry broadcasts around "key events in the political calendar", such as the State Opening of Parliament, the budget, and the party conferences. The BBC also transmits party political broadcasts. Prior to the broadcasting authorities consultation and review in 1998, a wider range of nonelectoral party political broadcasts was offered.
The Electoral Commission Discussion Paper gave the following account of the history of party political broadcasting.
Principles
1. It was as part of the BBCs perceived public service role, as envisaged by the Corporations founder, Sir John (later Lord) Reith, that broadcasting time was initially offered to political parties. The offer of broadcasting time also formed part of a broadcaster initiative to encourage politicians to use the new broadcast media. The principle that political parties should be able to freely publicise their platforms and policies to voters, and that voters should be able to receive such information, was extended to the broadcast media as their audience and influence developed. Just as parties and candidates are offered the opportunity to have a printed election address sent to electors, those which meet certain criteria are offered airtime for party political broadcasts by the BBC and certain commercial broadcasters.
2. The allocation of broadcasting time to qualifying parties may also, it has been argued, help contribute to the fairness of the election campaign more generally, by to some extent compensating for the parties differential ability to attract campaign funds. Party election broadcasts represent a considerable subsidy based on clear qualifying criteria, which contributes substantially to offsetting the ability of one party to heavily outspend its rivals in press advertising. This argument is seen in the Houghton Committee Report on Financial Aid to Parties (1977), and recurred throughout the 1980s whenever debates on party finance and campaign spending were raised in Parliament.
3. A further underlying feature of the present system is the ban on paid political advertising. Any body whose objects are wholly or mainly of a political nature is not permitted to advertise on radio or television. The Neill Committees 1998 report included detailed discussion regarding the extent to which this ban constitutes a restriction on the right of free expression guaranteed by Article 10 of the European Convention on Human Rights. While the Neill Committee recommended that the ban should be maintained, it acknowledged that the legal position had not been properly tested in the European Court of Human Rights and that the introduction of the Human Rights Act would open up the possibility for direct challenge in the UK courts.
4. In the recent case of Vgt Verein gegen Tierfabriken v. Switzerland (the applicant being an animal rights pressure group), the European Court of Human Rights held that a blanket prohibition on political advertising does constitute an interference with the right to freedom of expression guaranteed by Article 10 of the Convention. While the Court stated that it "cannot exclude that a prohibition of political advertising may be compatible with the requirements of Article 10 of the Convention in certain situations", any interference has to be "necessary in a democratic society" which means that there has to be a "pressing social need". Significantly, the Court did not see how that test could be applied only to one form of media and not to others. However, the full implications of this judgment for the current prohibition on paid political advertising in the UK broadcast media are not yet clear. The Electoral Commission intends to seek further legal advice on these implications.
The beginnings: BBC and Reith
5. Under the terms of its original licence, granted in 1922, programme material broadcast by the BBC was required to meet "the reasonable satisfaction of the Postmaster-General". The Postmaster-General had turned down Reiths invitation to broadcast speeches by the three main party leaders in 1923, but lifted his prohibition a year later. During the general election campaign of 1924, the three main party leaders, Asquith, Baldwin and MacDonald, were offered and gave unedited radio broadcasts lasting 20 minutes each.
6. Following the reconstitution of the BBC in 1926 under a Royal Charter, arrangements for the future allocation of broadcasting time between the parties were left solely to the BBC. The BBCs approach was to put forward initial proposals to the political parties for consideration, and then to seek a general consensus among the parties on allocation arrangements. At the 1929 general election the parties were unable to come to any such agreement between themselves, and Reith himself allocated broadcasting time on behalf of the BBC. The government was given the same number of broadcasts as the opposition parties combined and was given the first broadcast, while an opposition party was given the final broadcast. Minor parties were given access dependent on the number of candidates they fielded at the election.
7. In May 1926, Stanley Baldwin made the first prime ministerial broadcast outside a general election, addressing the nation during the general strike, and this was followed in 1928 by the first broadcast by a Chancellor after announcing his budget. In 1934 the Opposition party was given the opportunity to respond to the Chancellors budget broadcast, marking the beginning of regular budget broadcasts. Broadcasts by Prime Ministers in exceptional circumstances and budget speeches by Chancellors continued throughout the first half of the century, but were not subject to any formal allocation arrangements and did not assume any significance until after the Second World War.
Committee on Party Political Broadcasting
8. It was only from 1947 that the process of allocating party political broadcasts was structured in any way. A Committee on Party Political Broadcasting was established as an informal body to facilitate discussion between the BBC and the political parties, and to help secure agreement on allocation arrangements. The Committee was originally composed of representatives of the major political parties (Conservative, Labour and Liberal) while the broadcasters were represented by the BBC. When commercial television companies started broadcasting in 1956, the Independent Broadcasting Authority (later the ITC) also joined the Committee. The Scottish National Party (SNP) and Plaid Cymru were also later given representation.
9. Under the Committees normal practice, proposals for allocation arrangements from the broadcasters representatives would be delivered either to the Leader of the House of Commons or to the government Chief Whip, who would then liaise with the whips of the other parties. After consultation within their own parties and negotiations between the whips, an agreed response would be returned to the broadcasters. The Committee had no legal status, its proceedings were never published, and it was often referred to simply as the "usual channels".
10. Following the establishment of the Committee, a number of conventions on the allocation of party political broadcasts (PPBs) were agreed. Factual ministerial broadcasts, such as those explaining legislation or administrative policies or appealing to the nation for co-operation in national policies, would be as impartial as possible, and there would normally be no Opposition right of reply. However, a limited number of "controversial" PPBs, aimed at explaining parties policy positions, would be allocated each year according to the share of the vote at the previous General election. The allocation of party election broadcasts (PEBs) by the Committee continued to be made on an ad hoc basis prior to each general election.
11. In October 1951, the first televised PEBs were transmitted. The BBC had invited the three main parties to make one television broadcast each in 1950, but it was not until the General election campaign a year later that this offer was accepted. The Conservative, Labour and Liberal parties each made a 15 minute broadcast, which was transmitted in addition to their radio broadcasts. These were followed in 1953 by the first televised PPB, made by Harold Macmillan, then Secretary of State for Housing.
12. ITV came on air in 1955, and in 1956 began simultaneous transmission of party political broadcasts. Broadcasts on commercial television were, and have since been, scheduled within programming time rather than advertising time. In 1982 Channel 4 joined the BBC and ITV. Channel 4 carries party election broadcasts at general elections and provides time to parties at other times through its political slot rather than through a formal party political broadcast system.
13. During the years following the establishment of commercial television in the UK, the informal rules providing for the allocation of party political broadcasting time underwent a number of revisions. Following a proposal from the Liberal Party in 1962, the Committee agreed to take into account by-election results in addition to the parties share of the vote at the previous general election. In a further amendment, the party in opposition was guaranteed the same amount of broadcast time as the party in government. The SNP and Plaid Cymru were allocated 5 minutes of television and radio airtime in 1965, the first parties to make PPBs before winning seats in Parliament.
14. These allocation arrangements were revised by the Committee again in 1974, and a more rigid formula for determining the allocation of PPBs was introduced. Under the new arrangements, broadcasts were allocated on the basis of 10 minutes for every two million votes cast at the previous general election. In Scotland, the SNP was given 10 minutes broadcasting time for every 200,000 votes cast, and in Wales Plaid Cymru was given 10 minutes for every 100,000 votes.
15. While arrangements for the allocation of PEBs continued to be agreed by the Committee prior to each individual election, a number of conventions became clear over the years, which were applied until very recently. The government party and main opposition party would be allocated the same number of broadcasts, and no party was to be offered more than five broadcasts in total. The number of broadcasts offered to parties was related both to "proven electoral support" (the level of support for the party in previous elections) and the number of candidates fielded at the election. Only once, in 1983, were members of the Committee unable to agree an allocation for party election broadcasts, when the Liberal/SDP Alliance would not agree any allocation which did not give them parity with the Labour Party. The response of the broadcasters was to impose the allocation they believed fair, offering the Alliance four broadcasts, and five each to the Conservative and Labour parties.
16. Normally, any minor party fielding more than 50 candidates in a general election would be allocated a 5 minute broadcast on television and radio. However, following legal advice taken in May 1996, the BBC decided to drop the concept of "proven electoral support" for minor parties and stick to the test of a minimum of 50 candidates. Separate allocation arrangements were devised for broadcasts restricted to Scotland and Wales, for SNP and Plaid Cymru respectively. An informal system of campaign broadcasts was provided in Northern Ireland, and the allocation of broadcasting time to the parties was made by the Committee on the basis of both the numbers of candidates fielding at the election and strength of the vote at the previous election.
Broadcasting Act 1990
17. The 1990 Broadcasting Act put party political broadcasting on a statutory footing for the first time. Section 36 of the Act requires that holders of any Channel 3, 4 or 5 television licence must include party political broadcasting in the service, and must observe the rules devised by the ITC in relation to the allocation of PPBs and PEBs. The 1990 ITC programme code (revised in 1998 and 1999) provided that airtime on ITV would be made available each year to UK parties represented in the House of Commons and to the SNP in Scotland and Plaid Cymru in Wales. The unofficial formula for the allocation of party political broadcasts agreed by the Committee on Party Political Broadcasting was formalised in the ITC code. When Channel 5 came on air in March 1997, it was required by the ITC code to carry general election and European election broadcasts.
18. Similarly, section 107 of the Act requires national radio licence holders to observe rules determined by the Radio Authority in relation to party political and party election broadcasts. Licences for the national commercial radio stations, Classic FM, Talk Radio (now TalkSport) and Virgin Radio, were awarded in 1997, and all three stations carried PPBs and PEBs from September 1997. The Radio Authoritys programme code provided similar rules for the allocation of PPBs and PEBs to those set out in the ITC programme code.
19. These requirements of the 1990 Act did not affect the BBC, which continues to operate under its own Charter and License. The BBC provides time for party political broadcasting although is under no legal obligation to do so.
Broadcasters Liaison Group
20. In May 1996, the BBC sought legal advice on the role of the Committee on Party Political Broadcasting. While it was established practice for the broadcasters to send proposals for party election broadcasts to the Committee for consideration by the political parties, the advice given to the BBC noted that the business of the Committee was conducted by the Secretary to the Chief Whip. This was considered incompatible with the BBCs obligation to be fair and consistent in dealing with political matters. Subsequently, in June 1997, the BBC and ITV wrote to the Secretary of the Committee, explaining that it would be more appropriate for the broadcasters to receive representations regarding party political broadcasting directly from the political parties rather than through the Committee.
21. The Broadcasters Liaison Group was formed in June 1997 to act as a forum for the broadcasting authorities to receive information and representations from interested parties on the future of party political broadcasting. The Group comprised the BBC and S4C (both broadcasters and regulatory authorities), together with the ITC and the Radio Authority. In January 1998, the Group published a Consultation Paper on the Reform of Party Political Broadcasting, which outlined a number of proposals for reform of the allocation process. The Consultation Paper proposed moving the focus of party political broadcasting away from PPBs and towards PEBs in order to reflect the growth in the number of elected bodies in the UK.
22. A number of amendments were made following the Broadcasters Liaison Groups consultation exercise. A higher threshold of one-sixth of the total seats contested was introduced for PEBs, to be modified as necessary for the various proportional representation systems for elections to the devolved legislatures and the European Parliament, while the informal system of broadcasts in Northern Ireland was replaced by a series of PEBs. Qualifying parties were also offered a range of different lengths for their broadcasts, ranging from 2 minutes 40 seconds, to 4 minutes 40 seconds, rather than the traditional 5 or 10 minute slots. In place of the allocation of party political broadcasts on the basis of a rigid formula of electoral support, the major parties in Great Britain (including the SNP in Scotland and Plaid Cymru in Wales) would be offered further party political broadcasts during the year "in relation to other key political events", such as the Queens Speech, the budget and party conferences. The ITC and Radio Authority programme codes were amended in 1998 to reflect these changes.
General election 2001
23. A further revision to the broadcasters allocation arrangements was made for the 2001 general election PEBs. Wherever it was possible to split broadcasts, PEBs were allocated to parties in each of the four nations on the basis of those parties fielding candidates in one-sixth of the seats in each nation, rather than applying the threshold across the UK as a whole. In addition to the main political parties with Parliamentary representation, eight minor parties were allocated one or more broadcasts on television or radio in England, Scotland or Wales, while a further two parties were allocated broadcasts in Northern Ireland. The major parties were allocated separate series of broadcasts in each nation. The numbers of broadcasts allocated to the major parties were determined, for England, in line with the allocations made at the previous general and local elections, and for Wales and Scotland, in line with allocations made in those nations for devolved elections and the previous European Parliamentary elections.
24. Prior to the general election, the Pro-Life Alliance, which had qualified for a PEB in Wales, launched a High Court action against the BBC. The BBC had declined to show the partys election broadcast in full on the grounds that it would breach its own codes on taste and decency. The High Court ruled that there was no duty to allow parties to transmit any images in their broadcasts, however offensive, and a revised version of the broadcast, without images, was transmitted. Following the election, however, the Alliance was granted permission to appeal against the decision, and the case is expected to be heard in January 2002.
OFCOM
25. Following the publication of the Communications White Paper in December 2000, the government introduced an Office of Communications Bill in July 2001. The Bill provides for a unified regulator for the communications sector, bringing together the functions of the five regulatory offices or bodies (ITC, Radio Authority, Broadcasting Standards Commission, Office of Telecommunications and Radiocommunications Agency) under a single Office of Communications (OFCOM). The Bill provides for this new body, over time, to assume responsibility for the programme codes currently produced by the ITC and the Radio Authority. The BBC and S4C Authority will remain outside the remit of OFCOM, as currently envisaged by the Bill.