Frequently asked questions
David Davies No 10 web chat- 21 April 2009
What is a “Listed Event”?
What events are currently listed?
Can non-sporting events be listed?
Do listed events have to be broadcast on free to air television?
What is a qualifying broadcaster?
Why is this review taking place now, when by 2012 all households will have digital TV? Wouldn’t it be better to wait until then when the list of qualifying broadcasters will be much wider?
What is the history of the Listed Events regime?
What happened in the 1998 Review?
What was the outcome of the 1998 Review?
Is there any guarantee of free-to-air television coverage for events which are not included in the list?
Who is leading the review?
Who will support the Chair on this review?
How were the Panel members selected?
What interests do the Panel members represent?
What are the Panel’s terms of reference?
How will the Panel work?
Will any of the Panel’s papers be made publicly available?
When will the Panel report by?
When will the Secretary of State announce the final list?
How long is the public consultation period?
What is the purpose of the public consultation exercise?
Where will I be able to find the consultation document?
Are you consulting other national interests?
Listed Events:
A. It is one which is of “major importance to society”. The Government wants
to make sure that key sporting events are made available to as many television viewers as possible on free-to-air television. This is why some events are protected by law (Part IV of The Broadcasting Act 1996) as listed events.
There are many different sports and sporting events which people feel passionately about. Unfortunately the Government cannot list them all. Under current criteria, a listed event is one which is generally felt to have special national resonance. It should contain an element which serves to unite the nation, a shared point on the national calendar and is not solely of interest to those who follow the sport in question.
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Q. What events are currently listed?
A. At present, events on Group A (Full live coverage protected) of the list include amongst others: The Olympic Games, The FIFA World Cup Finals Tournament, The FA Cup Final and The Grand National.
Events on Group B (Secondary Coverage or “highlights” Protected) include amongst others: Cricket Test Matches played in England, The Commonwealth Games and The Open Golf Championship.
The full list of listed events can be found in Annex B to the consultation. PDF (33kb)
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Q. Can non-sporting events be listed?
A. Yes. However, so far the UK has only listed sporting events, reflecting its strong sporting heritage. But other, non-sporting, events can be listed, and some European countries do include non sporting events in their lists; for example, the Vienna Opera Ball in Austria, the Queen Elisabeth Music Competition in Belgium and The San Remo Music Festival in Italy.
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Q. Do listed events have to be broadcast on free to air television?
A. No. The inclusion of an event in the list does not mean it has to be shown on free to air television. What the law seeks to do is ensure that the rights to these events, if offered at all, are made available to both qualifying and non qualifying broadcasters on a non-exclusive basis and on fair and reasonable terms. Sports rights holders (e.g. the Football Association) are not obliged to offer events and broadcasters are not obliged to bid for rights to cover them. Where a broadcaster does bid for the rights to a listed multi-game event and is successful in that bid, the decision on the scheduling of those games is a matter for the broadcasters. If one broadcaster does obtain exclusive rights to a listed event (because no other broadcaster has bid for them) then that broadcaster will have to obtain Ofcom’s consent to broadcast the event in question.
Q. What is a qualifying broadcaster?
A. A qualifying broadcaster is one which meets certain set criteria and is designated by Ofcom. The criteria are that it must be a channel which is received by at least 95% of the UK population and at no additional cost to the viewer than the licence fee. Channels currently meeting these criteria and designated by Ofcom are BBC1, BBC2, ITV1, Channel 4 and Five. Five was added to the list in March 2008. A non-qualifying broadcaster is any other broadcaster.
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Q. Why is this review taking place now, when by 2012 all households will have digital TV? Wouldn’t it be better to wait until then when the list of qualifying broadcasters will be much wider?
A. A review at this time is in line with the timetable set out by the Secretary of State, Tessa Jowell, who indicated in 2005 that a review of listed events would take place around 2008/09 largely to take account of the fact that as digital television take-up increases, viewers will have a wider range of options for such events.
Q. What is the history of the Listed Events regime?
A. The original list, drawn up in 1956 under a voluntary agreement between the BBC and ITA (Independent Television Authority) consisted of the FA Cup Final, Wimbledon, Test Matches, the Derby. Grand National, Boat Race and the Olympics and Commonwealth Games when held in the UK. The list was reviewed in 1984 (when the Scottish FA Cup Final and FIFA World Cup Finals were added), 1989 (no change) 1991 (Boat Race dropped) and in 1998 against the legal backdrop of the 1996 Broadcasting Act and in line with a 1997 Manifesto commitment.
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Q. What happened in the 1998 Review?
A. This review was Chaired by Lord Gordon of Strathblane supported for the first time by an Advisory Group with membership drawn from those with a knowledge of the sporting, broadcasting and public policy issues (Alistair Burt, Jack Charlton, Steve Cram, Kate Hoey, Michael Parkinson, Clive Sherling, Professor David Wallace). The Advisory Group was set up to review the content of the list and advise the Secretary of State on which events should be listed. The list was decided by the Secretary of State.
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Q. What was the outcome of the 1998 Review?
A. The outcome was that the Secretary of State decided to extend the list of listed events, adding some events to a Group A list protecting live coverage and introducing a Group B list protecting delayed or highlights coverage. This innovation facilitated a much wider list of listed events, particularly those which, because of their length, are difficult for general channels to cover, such as the Open Golf Championship. The B list recognises the practical constraints on broadcasters.
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Q. Is there any guarantee of free-to-air television coverage for events which are not included in the list?
A. Yes. Outside of the statutory protection offered by the listed events arrangements, the Central Council of Physical Recreation (CCPR) has developed a Voluntary Code of Conduct for rights owners in relation to the broadcasting of major events.
The initial Code was published in 1996, but has since been updated in the light of developing technology and terminology. A revised Code was agreed in 2008. Signatories to the code – who include, among others, the Football Association, The FA Premier League, The England and Wales Cricket Board, the All England Lawn Tennis Club and The Lawn Tennis Association – have undertaken to ensure that television broadcasting coverage of all major sporting events under their control are generally available in the UK through free to air television broadcasts (in live or recorded form), and that a minimum of 5% of the revenue generated from the sale of broadcasting rights is reinvested for the wider development of their sport. Signatories’ compliance with these principles is scrutinised by the CCPR’s Sports Broadcast Monitoring Committee, which has an independent Chair and is made up of signatory representatives, CCPR and UK Sport representatives and a number of independent members.
More information on the Voluntary Code can be obtained from CCPR.
The Review
A. David Davies, former Executive Director of the Football Association was appointed as Chairman of the Review by the Secretary of State on 10 December 2008. The Press Notice announcing his appointment is at [link to Press Notice on microsite)
Q. Who will support the Chair on this review?
A. 9 panel members were appointed by the Secretary of State on 21st January 2008 to support the Chair in his work.
These panel members are:
- Dougie Donnelly
- Angus Fraser
- Professor Chris Gratton
- Eamonn Holmes
- Penny Hughes
- Colin Jackson
- Michael Pescod
- Nick Pollard
- Hope Powell
Q How were the Panel Members selected?
A. The Panel Members were selected by the Secretary of State on recommendation from David Davies. They were selected to provide collectively a wide range of national, sporting, broadcasting and business perspectives. These appointments have been made in line with the DCMS policies for diversity in public appointments.
Q. What interests do the Panel members represent?
A. The Panel members are independent and do not represent any particular interest. Each member brings their own experience, expertise and intellectual rigour to the process of the review.
Q. What are the Panel’s terms of reference?
A.The Panel's terms of reference are to review:
- The Principle of having a list;
- The criteria against which events may be listed; and
- The content of any list itself
The Panel will also bring recommendations forward for the Secretary of State in the second half of 2009.
A. The Panel will meet as necessary and in private in the coming months before reporting to the Secretary of State in the second half of 2009. The Panel will conduct a wide public consultation exercise. During the period of the public consultation, it will conduct meetings in the nations, focus group meetings and will meet with appropriate bodies. Following the close of the public consultation and once they have finished deliberating, the Panel will prepare a report for the Secretary of State making their recommendations on the three matters the Panel has been asked to address per the terms of reference.
Q Will any of the Panel’s papers be made publicly available
A. The Panel’s deliberations are private so as to encourage free and open discussion of the areas covered by the review. For that reason the papers will not be made publicly available. We do expect the Secretary of State to publish the Panel’s report and recommendations to him in due course.
Q. When will the Panel report by?
A. The Panel will report to the Secretary of State in the second half of 2009. The Secretary of State will then reach his own provisional conclusions and, before taking a final decision, will consult the broadcasting authorities and any affected rights holders in line with the requirements of the 1996 Broadcasting Act (the statutory consultation).
Q When will the Secretary of State announce the final list?
A. The Secretary of State will announce the final list following the conclusion of the statutory consultation.
The Consultation Process
Q. How long is the public consultation period?
A. The public consultation process began on 8 April 2009 and in line with Government policy will run for a 12 week period until 3 July 2009.
Q. What is the purpose of the public consultation exercise?
A. The purpose of the public consultation exercise is to ensure that the Panel’s recommendations to the Secretary of State on the three main issues of the review are informed by as wide a range of views as possible. Through the public consultation exercise it is hoped to secure the views not just of the public, but also broadcasting and media interests, sports governing bodies and rights holders.
Q. Where will I be able to find the consultation document?
A. The consultation document is available on-line via this site, and in hard copy on request from the DCMS Secretariat team.
In addition the questions posed in the consultation document can be completed in an on-line questionnaire and e-mailed to the Review.
Q. Are you consulting other national interests?
A. Yes, the Scottish Executive, the Welsh Assembly and the Northern Ireland Executive have all kindly agreed to hold events during the consultation period to allow the Panel to hear the range of views of each nation.
