It is a pleasure to serve under your chairship, Mrs Hobhouse. Thank you for your guidance.
I am pleased to be speaking to these orders, the first of which was laid before the House in draft on 26 June and the second of which was made on 26 June and is subject to the made affirmative procedure. The Government are clear in our commitment to a free and pluralistic media whereby all citizens in all parts of the UK can access high-quality news and other information from a range of sources, enabling them to form their own opinions. The public’s continued access to diverse news, views and information is fundamental to the health of our democracy as well as our nation. That is why the Enterprise Act 2002 contains powers that allow the Secretary of State to intervene in media mergers and acquisitions that may give rise to public interest concerns —about, for example, the accurate presentation of news and free expression of opinion—and to take appropriate action to remedy any such concerns that arise.
Owing to the more limited nature of the news market in 2002, when the Enterprise Act became law, only print newspapers published on a daily, Sunday or local basis and broadcasters are in scope of the core media mergers regime. The media landscape has undergone significant changes in the intervening decades, and our laws need to keep pace with technology and evolving news consumption habits. The shift to digital news was clearly evidenced in the Ofcom report “News consumption in the UK: 2024”, which showed that 71% of UK adults now consume news via online sources. We need to reflect the fact that news is increasingly accessed and consumed online. That is why we are here today; these orders are designed to address that very issue.
In its 2021 statutory review of the operation of media ownership rules, Ofcom recommended that the Secretary of State broaden the scope of the public interest considerations beyond print newspapers and broadcasters to capture a broader range of news creators. Ofcom set out its belief that that would better reflect the way in which people access news now. Between 6 November 2024 and 13 January 2025, my Department ran a technical consultation on proposals derived from Ofcom’s recommendations: to expand the scope of the media mergers regime from print newspapers and broadcasters to encompass online newspapers and periodical news magazines, and to extend the application of key media public interest considerations to this new definition of newspapers, and broadcasters carrying news programmes.
Those public interest considerations are: the need for accurate presentation of news and free expression of opinion in newspapers; the need for sufficient plurality of views in each UK market for newspapers; and the need for sufficient plurality of persons with control of media enterprises. At the same time, the Government proposed to extend the scope of the new foreign state influence regime to online news publications.
Having taken into account the views of industry, Parliament and the public, we are confident that our changes balance the need to protect the public interest in a digital age with our responsibility to support a competitive, sustainable and plural media environment. Two related orders—the ones that we are discussing today—are required to enact the policy changes.
First, the draft Enterprise Act 2002 (Definition of Newspaper) Order 2025 will amend the definition of “newspaper” in the Enterprise Act 2002 so that it encompasses print and online newspapers and print and online periodical news magazines. Provision has been made to ensure that the scope of the regime extends only to publications that are connected with the UK.
In effect, the amendments will expand and align the scope of the media merger standard and special public interest regimes and the foreign state influence regime. All three regimes will now apply to acquisitions of print newspapers, news magazines and online newspapers. That will create a consistent and forward-looking public interest regime. Importantly, the draft order will enable the Secretary of State to intervene on public interest grounds—subject to jurisdiction—in the acquisition of an online-only newspaper. Until now, she has not had the power to do so.
The second order, the Enterprise Act 2002 (Amendment of Section 58 Considerations) Order 2025, will extend the application of public interest considerations in section 58 of the Enterprise Act 2002 to “news media”—a new term defined as newspapers or broadcasters of news programmes. Those public interest considerations include the need for accurate presentation of news and free expression of opinion in newspapers, and the need for sufficient plurality of views in each UK market for newspapers. Whereas the public interest considerations I have just mentioned can already be considered in the context of newspaper mergers, the changes made by the section 58 order will mean that the Secretary of State will now be able on any of the aforementioned public interest grounds to intervene in mergers involving the broadcasters of news programmes.
The order will also extend the public interest consideration on the need for sufficient plurality of control of the media in relation to every different UK audience. That public interest consideration currently applies to mergers involving broadcasters, but the Secretary of State will now also be able to consider its relevance to mergers involving print and online newspaper and news magazine enterprises. We recognise the challenging financial context for newspapers, and the importance of the balance between encouraging investment in the sector and being able to protect against market consolidation that might be detrimental to our plural and thriving news market. It is important to note in relation to the changes made by the section 58 order that the Secretary of State’s powers under the public interest regime continue to be discretionary. There is a range of possible outcomes to any investigation that she may commence, and in assessing an individual case, the Secretary of State would need to consider the facts of the case and the evidence at hand.
Returning to the orders, the foreign state influence regime introduced in May 2024 already prohibits foreign states from acquiring control or influence over the policy of print newspaper and periodical news magazine enterprises. The regime will be extended by the definition of newspaper order such that foreign powers will now also be banned from acquiring control or influence over the policy of an online newspaper or news magazine enterprise. The benefit of extending the scope of the prohibition in this way is to protect plurality of views and to prevent potential editorial interference or censorship from foreign states in online-only newspapers, which form a large part of the UK’s news consumption. That expansion will also ensure alignment across the media merger regime for both print and digital news publications, creating a consistent, forward-looking regime.
The amendments to the definition of newspaper for the foreign state influence regime will apply with retrospective effect from the day that this change was announced: 15 May 2025. The Secretary of State will be required to intervene in any completed or anticipated mergers involving an online newspaper enterprise that completed or were in progress on or after 15 May. If she has reasonable grounds to suspect a foreign power is or will be able to control or influence the policy of the online newspaper enterprise as a result, all other changes will apply prospectively.
Both the definition of newspaper order and the amendment of section 58 considerations order will make the public interest regimes and the foreign state influence regime reflect the various ways people access and consume news today. With those changes, we are modernising protections for our world-class UK news market, by enabling or requiring the Secretary of State to intervene in a broader range of news mergers that may operate against the public interest. The orders balance the need to protect the public interest in a digital age with our responsibility to support a competitive, sustainable and plural media environment.