The PPA campaigns widely to defend and transform the legislative and regulatory environment that supports our members’ fast-evolving business models.
We analyse, formulate, and advocate for policies that let our members get on with driving innovation and growth.
The PPA has been highly engaged in the development of the Digital Markets Unit (DMU), a new ex-ante regulator for the largest digital firms. We are leading calls for the DMU to be given the powers it needs to rebalance the relationship between platforms and publishers.
A rebalancing of the digital advertising market could boost publishers’ revenues, for example by requiring platforms not to influence competitive processes or outcomes in a way that self-preferences a platform’s own services. A DMU Code could also ensure publishers receive clear and accessible information on how algorithms work, and receive a fair warning of changes, and prevent unjustified data leaking from publishers to large platforms. A platforms and publishers code could require that commercial terms are ‘fair and reasonable’, compelling Meta and Google to negotiate for the value that content brings to their platforms.
Other jurisdictions such as the EU are forging ahead with their own competition solutions, so the Government must act fast to prevent the UK falling behind, or being compelled to mirror inferior solutions. It is imperative that the Government gives the Digital Markets Unit (DMU) statutory powers as soon as possible, allowing the regulator to effectively target the sources of entrenched market power.
The PPA is also campaigning to ensure that specialist media content is protected under the Online Safety Bill, a new law which aims to prevent harm to users of search engines and ‘user-to-user’ services. At present, the protections for ‘recognised news publisher’ content would not extend to specialist journalism. A failure to protect the content produced by independently regulated specialist publishers could undermine media plurality and limit citizens’ access to trusted information on a range of topics. Subjecting IPSO regulated specialist publishers to a system of ‘double regulation’ would also undermine the Government’s commitment to press freedom.
Further, as more and more people seek out specialist information sources online, a failure to exempt specialist publishers from the scope of the Bill will therefore make the exemptions progressively less effective in protecting journalistic content over time.
The PPA remains a hub at the core of the media and advertising environment. We collaborate widely and are proud to be represented on the Committee of Advertising Practice (CAP), which governs the self-regulatory code applied by the Advertising Standards Authority. We are also a board member of the Advertising Standards Board of Finance (ASBOF), which collects the funds, reviews and approves the budget of the ASA each year.
One key development is that of the Government’s Online Advertising Programme (OAP), which is currently reviewing the regulatory framework for paid-for online advertising. The Government must not implement any measures which could increase the regulatory burden and costs on publishers, particularly as increased costs may have consequences for the ease with which UK citizens can access trusted information. A mix of different levels of regulatory oversight may be warranted for different actors: businesses in the ad tech supply chain which may not have the same reputational incentives as publishers may benefit from a higher level of oversight.
As the OAP demonstrates, our ability to monitor and review developments relevant to the advertising industry is crucial. So the PPA maintains a seat on the Advertising Association (AA) Council, enabling us to shape the sector’s self-regulatory systems and advise policy makers.
We are also one of the representative bodies that governs the Audit Bureau of Circulations (ABC), providing nominees to the ABC Board from within our membership and are one of the stakeholder organisations behind the Publishers Audience Measurement Company (PAMCO), which uses world leading methodology to measure readership of published media.
The PPA works with policymakers and stakeholder bodies to ensure that creative businesses thrive and prosper; indeed the protection of copyright and intellectual property underpins everything we do.
For example, we are a joint owner of the Publishers Licensing Society (PLS), which oversees the collective licensing scheme in the UK for book, journal and magazine copying.
We are also a proud member of the Alliance for Intellectual Property, a coalition of trade associations and enforcement organisations with an interest in ensuring that intellectual property rights are valued in the UK and that a robust, efficient legislative and regulatory regime enables these rights to be properly protected. We also represent the industry on the British Copyright Council.
Defending intellectual property in the new digital age is vital to the PPA. As the nature and scope of copyright law evolves, we remain at the forefront of efforts to combat digital piracy. We believe passionately that the copyright system must be fit for the digital age, with businesses and creators empowered to protect their work for their continued success.
The PPA supports giving consumers greater rights and control over their personal data. With data playing an increasing important role in the value exchange for publishers, consumers and advertisers a balance must be struck between protecting personal data and enabling business innovation.
As the UK Government looks to introduce a new post-Brexit data protection regime, we continue to call for the data adequacy decision with the EU to be maintained. Such harmonisation will enable cross-border data transfers and exchanges, supporting business development and innovation across the UK and EU.
Specialist media publishers are an important channel for brands to market themselves. We do not support measures that would make it more difficult and costly for businesses to market their goods and services without necessarily providing any increased protection for individuals.
PPA is proud to have been a leader in the successful campaign to have VAT on digital publications zero rated to match the rate of VAT on printed products (magazines, books and newspapers). This has improved consumer choice and unleashed greater innovation and investment.
Given this, we believe that any Online Sales Tax (which is under consultation by the Treasury) should not be applied to press and media publications. If such publications were subject to the tax, the cost would be passed onto consumers through higher retail prices, or absorbed by publishers, thus threatening sustainability. In a world that is increasingly susceptible to misinformation and low-quality content posing as news, we are concerned that the OST policy could serve to reduce access to high quality information, further impacting on the media literacy of UK citizens.
Postal matters remain an important part of publishers’ businesses. The PPA manages the industry’s relationship with Royal Mail on issues including pricing, quality of service and product development. We are responsible for setting the industry’s position on regulatory issues relating to the postal market and working with the postal regulator, Ofcom, and our membership of the Mail Users Association allows us to ensure appropriate solutions acceptable to the needs and wants of business customers, are found and implemented. As a member of the Press Distribution Forum (PDF) we are committed to maintaining a diverse and plural press with its widespread availability to retailers and consumers.
As Royal Mail evolves its business model, we are in dialogue with the business, Ofcom, and Government to ensure that PPA members’ interests are accounted for. Any changes to the Universal Service Obligation, set out in the Postal Services Act and Ofcom regulations, should only be made after detailed consultation with key stakeholders such as PPA members.
The Government is proposing to strengthen the consumer law governing the sale of subscription contracts, which will create new obligations for publishers. The PPA is working closely with members and Government as the plans are developed, to ensure that the new requirements are truly effective in preventing consumer detriment, and do not create undue burdens for publishers who already maintain a ‘gold standard’ in consumer care.
The BBC, funded as it is by taxpayers, should not engage in activity which has a severe adverse impact on competition in the media sector. As the BBC creates more and more ‘magazine-style’ online content, and cements its dominance in the online podcasting market, specialist media businesses may find it difficult to compete given the Corporation’s inbuilt advantages.
The PPA is contributing to the BBC Mid-Term Charter Review process, where the Terms of Reference referred to an evaluation ‘of how the BBC and Ofcom assess the market impact and public value of the BBC in an evolving marketplace’, whilst also contributing to Ofcom’s work on competition and the BBC Operating License. By ensuring the BBC is transparent about changes it wishes to make, and engages commercial organisations at the earliest opportunity, the BBC can minimise its adverse impact.
We are also calling for the BBC to promote specialist media businesses’ content through the use of third party links, and for the Corporation to support the commercial media sector by providing audience insights, sharing product development, and collaborating on product development.
The PPA plays an important role in protecting press freedom, promoting pluralism and diversity, and ensuring that the UK’s periodical press industry remains competitive and vibrant.
Moreover the PPA support industry self-regulation free from state control, backed up by an equitable and balanced legal framework. As part of this work, we monitor any Government plans or legislation to regulate social media or digital platforms that could pose a danger to freedom of speech, press freedom or journalistic or editorial content.
We support the Government’s commitment to repeal Section 40 of the Crime and Courts Act – if Section 40 was ever activated, it would require publishers to sign up to a Government-approved press regulator or else be compelled to pay both sides’ costs should they be taken to court (even if they win the case). This would be disastrous for press sustainability and independence.
The PPA encourages all publishers to join the Independent Press Standards Organisation (IPSO), which was established by the industry following the Leveson Inquiry as a tough and independent regulator in which consumers and publishers can have confidence.
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