Ofcom has published a letter from Ed Richards to MPs (Rt Hon Simon Hughes MP, Rt Hon Don Foster MP, Tim Farron MP), dated 22 July 2011, which clarifies its view that it is not precluded from acting by the ongoing police investigations, and that its decision as to whether a licence-holder is fit and proper does not depend on a criminal conviction being secured by the police. Ofcom said that it is looking at the range of evidence available, but it seems to show a change in its position.
Here are some extracts: “I can confirm that Ofcom considers that News Corporation’s current shareholding of 39.14% gives it material influence over BSkyB. We made this clear in our report of 31 December 2010 to the Secretary of State on the public interest test on the proposed acquisition by News Corporation of the remaining shares in BSkyB it does not already own.
As I set out in my letter to John Whittingdale MP, in considering whether a licensee remains fit and proper to continue to hold a broadcasting licence, we will consider any relevant conduct of those who manage and control such licences. Accordingly we will consider any relevant conduct of the controlling directors and shareholders of BSkyB, which will include any relevant conduct of News Corporation, as well as the conduct of BSkyB itself.
As you note, Ofcom’s duty to be satisfied in this regard is ongoing. Since my last letter to Mr Hughes of 8 July, we have written to the relevant authorities (the Metropolitan Police, the Information Commissioner’s Office and the Press Complaints Commission) to explain our duty to be satisfied that persons holding broadcasting licences are fit and proper. As you are aware, we have also written to the relevant Parliamentary Committees.
We have asked each of these bodies to keep us informed of any information which may assist us in investigating whether BSkyB remains fit and proper to continue to hold its broadcasting licences, and of the timescales of their investigations. We are now in the process of meeting with these authorities”….
“As you know, events have moved very quickly in the past month, with significant developments occurring within a very short time frame. I am sure that you appreciate that it is important for Ofcom to be aware of as many relevant facts as possible and to assess all the available evidence before it considers whether it should take any steps regarding BSkyB’s licences”.
Click here for a copy of the letter.
Philip Henson, Head of Employment law, Bargate Murray solicitors. www.bargatemurray.com
Please have a look at my other blog post about the employees of the News of the World.
Related articles
- BSkyB Board Is Said to Keep James Murdoch as Chairman (nytimes.com)
- Ofcom warning casts doubt over News Corp takeover plan (independent.co.uk)
