We are concerned that the “backstop” power, enabling the Secretary of State to specify new categories of audiovisual content should the Secretary of State consider that they are being underserved, creates the perception that media regulation is no longer independent of government. We recommend that the Secretary of State’s power to specify new categories of audiovisual content should only be exercisable following a recommendation from Ofcom.

We are concerned that the “backstop” power, enabling the Secretary of State to specify new categories of audiovisual content should the Secretary of State consider that they are being underserved, creates the perception that media regulation is no longer independent of government. We recommend that the Secretary of State’s power to specify new categories of audiovisual content should only be exercisable following a recommendation from Ofcom. Type: recommendation | Number: 2 | Paragraph: 21 | Response status: response_pending