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BBC bid for on-demand prominence laws fails in pre-election 'wash-up'

The BBC fears its place in public life will be eroded by on-demand services - BBC
The BBC fears its place in public life will be eroded by on-demand services - BBC

A bid by the BBC to guarantee prominence for its programming in the on-demand era has been scuppered by the General Election.

An amendment to the Digital Economy Bill that would have forced Sky, Virgin Media and other pay-TV providers to ensure BBC programmes are given top billing in menus has fallen victim to the “wash-up”, as legislation is rushed through before the dissolution of Parliament.

The BBC had argued that the shift towards on-demand programming meant “a real threat” to its role in public life. James Purnell, the BBC’s director of strategy, claimed “we’re at serious risk of losing something very special about our British culture” if Sky and its rivals were not compelled to put the corporation’s programmes on the “home screen” of their menus.

Former Labour cabinet minister James Purnel
Former Labour cabinet minister James Purnell led the BBC campaign

In traditional linear television menus, the prominence of public service broadcasters is guaranteed by law.

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ITV, Channel and Channel 5  backed Mr Purnell’s campaign to expand the rules to cover new services such as Sky Q, which place heavier emphasis on on-demand boxsets from pay-TV channels.

An amendment to the Digital Economy Bill was proposed as the legislation made its way through the Lords but has been scrapped at the 11th hour as MPs prepare for full-time campaigning from Thursday.

The BBC said a new “compromise” amendment offered some protection, giving Ofcom powers to conduct a review of the prominence of public service broadcasters if it sees fit, and the ability to recommend further legislation if necessary.

Sky, which opposed the original amendment, declined to comment.

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