BBC should not have 'criminal tools in its armoury' to prosecute viewers for not paying the TV licence fee, Culture Secretary Lucy Frazer says as she hints wealthier could be made to pay more

Frazer also called to end to prosecutions against those who don't pay licence fee 

The BBC should not have ‘criminal tools in its armoury’ to prosecute viewers for not paying the TV licence fee, the Culture Secretary said today – as she hinted that wealthier people could be made to pay more.

Lucy Frazer said an examination of the broadcaster’s powers would be part of the next licence review. Nearly 130 people are prosecuted every day for failing to pay the flat fee, with some handed fines of up to £1,000.

These convictions are back in the spotlight amid the Post Office Horizon IT scandal, which saw hundreds of postmasters wrongly convicted due to faulty software.

Asked about the issue today, Ms Frazer told Times Radio: “I don’t think it’s appropriate for the BBC to have criminal tools in its armoury in relation to prosecutions.

‘I think that there are issues in relation to criminal prosecutions, especially for those people who are the most vulnerable.”

Lucy Frazer said an examination of the BBC’s powers would be part of the next licence review

The TV licence, which funds the BBC, is set to rise by £10.50 pounds in April to £169.50 a year.

Appearing on Radio 4’s Today programme, Ms Frazer was asked whether it was right that someone on a six-figure salary pays the same licence fee as someone on the minimum wage.

She replied: ‘I want to ensure that it’s fair for those who pay for it, and you’ve identified one aspect of fairness.’

Asked the same question again, she said: ‘I appreciate that you think that’s a really simple question that I could answer to day but that’s why I’ve ordered an extensive review of all these questions and you can’t just answer that question in isolation.

‘I’m putting together an expert panel to look at how the media market is changing – that’s a very complex issue.’

No10 said a discussion about decriminalising TV licence evasion could only come when the BBC’s charter is next reviewed.

The Prime Minister’s official spokesman said: ‘That’s something the Government could only look at as part of the charter review, rather than outside of the process, that’s my understanding.

‘We’d obviously be concerned if there were instances where prosecutions were taking place when it was not suitable or in the interests of justice.

‘Those are questions for the BBC in the first instance.’

Today Ms Frazer also addressed plans to give Ofcom powers to regulate the BBC’s website.

The reforms, announced as part of the BBC mid-term review, would give the media regulator more powers over BBC’s online services, meaning it could gain enforcement action over BBC News website articles it does not believe meet relevant broadcast standards.

Currently, the communications regulator is only able to issue an opinion, but Government recommendations say Ofcom will be given increased oversight over the BBC’s online public services, including its YouTube channel.

Asked if she believed the BBC was sometimes guilty of bias, Ms Frazer told Times Radio: ‘We have seen audiences are feeling like impartiality in the BBC is on a downward trajectory. We have heard that 39 per cent of complaints last year were about impartiality when the previous year only 19 [per cent] were.

‘So trust in the BBC in relation to impartiality is going down and that is why the BBC rightly recognises it needs to do something about this and it is taking on board the recommendations that we are putting forward and have discussed with the BBC.’

Separately, Ms Frazer said the corporation had been biased ‘on occasion’, citing its reporting of a hospital attack in Gaza.

Ms Frazer refused to say which other broadcasters she believed might be impartial, saying they were in ‘totally different positions’ from the publicly funded corporation.

She told Sky News that ‘evidence’ suggested there was a ‘perception amongst audiences’ that there was some bias at the BBC.

The Government’s intervention follows a string of impartiality controversies about the corporation’s highest paid star Gary Lineker and his political tweets

When it was put to her that perceptions are not necessarily reality, she said: ‘There are only perceptions and perceptions are important.

‘What’s important about the BBC is that it’s funded by the public, so the perception of audiences of the public are important.’

And speaking to BBC Radio 4’s Today programme, the minister declined to say whether she thinks it is right for someone on a six-figure salary to pay the same TV licence fee as someone on minimum wage, suggesting it was not a ‘simple question’.

‘I appreciate that you think that’s a really simple question that I could answer today,’ she said.

‘But that’s why I have quite an extensive review into all these questions and you can’t just answer that question in isolation.

‘I’m putting together an expert panel to look at how the media market is changing. That’s a very, very complex issue which will require expert evidence on… what revenues does the BBC need, what can it do commercially that it’s not doing at the moment?’

She said she would be ‘led by evidence’ in her review and insisted it would be ‘inappropriate’ for her to express a view on the matter.

The Government said its recommendations are expected to be implemented in a timely manner, following talks with the BBC and Ofcom.

Ofcom, which has authority over TV, radio and video-on-demand services through a broadcasting code, has also been given a new legally binding responsibility to review more of the BBC’s complaints decisions.

Alongside the Ofcom reforms is a legal responsibility for the BBC board to actively oversee its own complaints process.

The review also recommends that the BBC considers how diversity and opinion could be better represented, as the Government says some audience groups, including disabled viewers and people from lower socioeconomic backgrounds, feel underrepresented by the corporation.

Ms Frazer said the corporation ‘needs to adapt’ to the reforms or risk ‘losing the trust of the audience it relies on’.

The BBC’s complaints process, called BBC First, was introduced at the last Charter Review in 2017, and the mid-term review concluded that it does allow licence fee payers to hold the BBC directly accountable, but said impartiality continues to be an ongoing issue for audiences.

Under BBC First, audience complaints are normally addressed by the corporation before they can be escalated to Ofcom.

The Government said its recommendations are expected to be implemented in a timely manner, following talks with the BBC and Ofcom

To improve the complaints process, the BBC board, which previously had a responsibility to oversee only the establishment of a complaints handling process, will now oversee the process as a whole.

Non-executive board directors and external advisors on the BBC’s Editorial Guidelines and Standards Committee will also be given greater powers to scrutinise and challenge BBC senior management’s complaint handling.

Furthermore, the job role that has responsibility for complaints handling will now report directly to the director-general rather than the director responsible for editorial policy, to separate pre-broadcast editorial policy and post-broadcast complaints resolution.

The review has also recommended the BBC develop a public strategy that outlines its intended partnerships with others and said the impact of commercial changes, including the introduction of a BBC Commercial Board in 2022, needs to be closely monitored.

A BBC spokesperson said: ‘The mid-term review was designed to look at the BBC’s governance and regulation. We’re pleased the Government’s findings reflect that overall these are working well.

‘With regard to the BBC’s impartiality, no other organisation takes its commitment to impartiality more seriously. We have well-established and detailed plans to sustain and further improve standards. We know this matters to audiences and the BBC continues to be the number one source for trusted news, with the highest scores for impartiality and accuracy.

‘During discussions over the mid-term review, we proposed and implemented a number of reforms, including strengthening our complaints procedures, which now form part of the conclusions. We are pleased the Government has fully taken our proposals onboard. We remain committed to continuous improvement to ensure we deliver for all licence fee payers.

‘The BBC is operationally and editorially independent and we will continue to engage constructively with Government, and our regulator Ofcom, over the second half of this Charter and as we look ahead to a new Charter in 2028.’