MHoC Bill Archive

LB121 Nationalised Press Charter Bill

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**A** **BILL** **TO** Hold Nationalised Press Organisations to account for decisions made with respect to content or organisation to ensure that accountability is maintained to the taxpayer. *BE IT ENACTED by The Queen's most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:-* **1. Meaning of nationalised press organisation** (1) A nationalised press organisation is any press organisation where: * (a) 50 percent or more of any shares in the organisation are held, or held on behalf of, Her Majesty's Government, or * (b) the organisation is a body established by Royal Charter. (2) In this section, "press organisation" means a body which: * (a) operates or controls the operation of a programme service where any portion of the programmes included in which consist of news, or * (b) is or controls a media enterprise which broadcasts news. **2. Parliamentary scrutiny of complaints** (1) This section applies if OFCOM receives from a person a complaint relating to the news published (by whatever means) by a nationalised press organisation. (2) OFCOM must consider the complaint unless the complaint appears to it to be frivolous or vexatious. (3) If, having considered the complaint, OFCOM considers that the nationalised press organisation has been in serious or repeated contravention of: * (a) the standards set by OFCOM under section 319 of the Communications Act 2003, or * (b) any other requirement imposed on the organisation by OFCOM in exercise of its functions, OFCOM must notify the Secretary of State. (4) The Secretary of State must, within 7 days of receiving notice given under subsection (3), lay before the House of Commons (or arranging for the laying before the House of Commons of) a copy of: * (a) the complaint, * (b) the notification given by OFCOM to the Secretary of State, and * (c) such other relevant documents as OFCOM requests be laid or the Secretary of State considers appropriate to lay. (5) Subsection (6) applies where the Culture, Media and Sport Committee of the House of Commons: * (a) has summoned to the Committee as a witness the chief executive of the organisation, * (b) has questioned the chief executive in relation to a complaint laid before the House of Commons, and * (c) has agreed that sanctions should be imposed on the organisation. (6) The Secretary of State must by regulations impose on the organisation such sanctions as are agreed by the Committee. (7) In this section, references to the Culture, Media and Sport Committee of the House of Commons: * (a) if the name of that Committee is changed, are references to that Committee by its new name, and * (b) if the functions of that Committee (or substantially corresponding functions) become functions of a different Committee of the House of Commons, are to be treated as a reference to the Committee by which the functions are exercisable. **3. Parliamentary approval of organisational changes** (1) A nationalised press organisation must notify the Secretary of State of any relevant organisational change it proposes to make. (2) The Secretary of State must secure that a motion for a resolution to approve the proposed change is considered by the House of Commons. (3) The organisation must not make the proposed change unless the proposed change is approved by resolution of the House of Commons. (4) A "relevant organisational change" is: * (a) a change in the chief executive of the organisation, * (b) a change in the deputies to the chief executive of the organisation, * (c) a change to the organisation or operation of a programme service or media enterprise operated by the organisation (but not a change which consists solely of a change to the content broadcast or published by the service or enterprise). **4. Interpretation** In this Act: * "chief executive", in relation to a nationalised press organisation, means an employee of that body who, alone or jointly with one or more others, is responsible under the immediate authority of the directors of that body, for the conduct of the whole business of that body; * "media enterprise" has the meaning given in section 58A of the Enterprise Act 2002; * "news" means news in whatever form; * "newspaper enterprise" has the meaning given in section 58A of the Enterprise Act 2002; * "OFCOM" means the Office of Communications; * "programme service" has the meaning given in section 405 of the Communications Act 2003; **5. Extent, commencement and short title** (1) This Act extends to the whole of the United Kingdom. (2) This Act comes into force on the day after it is passed. (3) This Act may be cited as the Nationalised Press Charter Act 2018.