Murdoch, Plurality and the Public Interest

Now that argument works against the mogul. Total control of BSkyB would reduce the countervailing powers within BSkyB (ie the other shareholders) and thereby increase News Corporation's influence. The increase in shares can affect the plurality of media controllers.

You may still think that the concerns are overstated. BSkyB cannot become the Fox News of Britain, as the broadcasters here are required to cover news and politics with "due impartiality", which stop TV channels becoming politically biased. However, the impartiality rules still leave much to the discretion of the broadcaster, such as the selection of stories and the news agenda. The rules on content only guard against the more overt forms of bias. For that reason, even with the broadcast regulations, it is important to ensure that media ownership is fragmented. Controls on media ownership and rules on impartiality are complementary, rather than a substitute for one another. For this reason, the presence of the content regulations should not make us more relaxed about media concentration, and the presence of ownership limits should not be advanced as an argument for deregulating content controls.

There are problems with the public interest test, as it leaves the regulators with difficult questions of judgement. For example, it is not clear what level of plurality is ideal in a democracy. It is also difficult to say when an acquisition of shares will threaten plurality.

Do the same objections arise if Murdoch seeks to control 80% or 60% of BSkyB, rather than 100%? The public interest test has some limits both in the test for plurality and in the remedies that can be imposed. However, it is one of the few tools we have left to guard against media concentration. If it is not used now, when will it be?

As for Murdoch becoming "Britain's Berlusconi", - to many, that has already occurred. There is, however, one crucial difference. The people of Italy can at least vote Berlusconi out of office. In Britain, Murdoch has a presence in government whichever party is in power. That makes it all the more important that any increase in his hold on the media is closely scrutinised.