Secretary of State Media Merger Decisions
The Secretary of State should remain responsible for public interest decisions in relation to media mergers. The Secretary of State should be required either to accept the advice provided by the independent regulators, or to explain why that advice has been rejected. At the same time, whichever way the Secretary of State decides the matter, the nature and extent of any submissions or lobbying to which the Secretary of State and his officials and advisors had been subject should be recorded and published.
- Section 44A of the Enterprise Act 2002, inserted by the Enterprise and Regulatory Reform Act 2013, requires the Secretary of State to consult Ofcom on media public interest considerations and to publish reasons for the decision (Enterprise Act 2002, Section 44A, legislation.gov.uk).
- This framework requires the Secretary of State either to follow the independent regulators' advice or to explain publicly why the advice was not followed, consistent with the recommendation.
- The framework was applied in the 21st Century Fox/Sky merger (2017-2018), where the Secretary of State published detailed reasoning for the referral to the CMA following Ofcom's public interest assessment (DCMS, Fox/Sky merger decision, 2017-2018).
How was this evidence gathered?
Response
Accepted
Response
AcceptedThe government accepted recommendations on media plurality. Ofcom developed a measurement framework for media plurality in 2015, publishes regular Media Nations reports, and has a full menu of remedies available for plurality concerns. The Enterprise Act 2002 and Communications Act 2003 provide the legislative basis for intervention on media mergers. Source: https://www.gov.uk/government/speeches/david-cameron-statement-in-response-to-the-leveson-inquiry-report
Published Evidence
Published assessments of progress from inspectorates, select committees, official progress reports, and other sources. Source type badge indicates whether each assessment is independent or government self-reported.
The Secretary of State retains responsibility for public interest decisions on media mergers. Requirements to consider independent regulator advice and publish reasoning are established. Lobbying records are subject to transparency requirements.
View detailed findings
Secretary of State media merger decision framework operates broadly as recommended.