UK

Expert assessment

Appointments to key positions within Ofcom have raised concerns since Ofcom's inception as the UK's new "super regulator" in 2003.145 However, the statement above is not entirely accurate, as it misleadingly implies that the appointment process is wholly government controlled. The Ofcom Board, including its chairperson, are appointed following procedures for all public appointments in the UK, which are designed as a "check" on the ability of ministers to appoint politically affiliated persons to key public posts, such as the Ofcom chairperson.146

Hence, it is true the chairperson of Ofcom is appointed jointly by the Department for Business, Enterprise and Regulatory Reform (DBERR) and the Department for Culture, Media and Sport (DCMS). But the appointment process that follows is open to public scrutiny and conducted by a cross-party committee. However a number of appointments have sparked controversy for being politically motivated; as a result, the appointment procedures are under review by the current government in order to increase Ofcom's independence from political actors.

Ofcom is a "convergent" regulatory authority for broadcast television and radio, postal services and wireless telecommunications.147 It has no regulatory authority over the print or online media (other than online content provided by television and radio broadcasters), or many areas of the BBC. It is important to note that the Ofcom Board, to which the statement above refers, plays no direct role in regulating the media; rather, the Board sets the overall strategy for Ofcom in general, but neither the Board or its chairperson has any specific competencies to monitor compliance with the media laws or to assess and sanction breaches to it.148 Rather, these responsibilities are handled by the Content Board,149 a separate committee within the Ofcom Board, that oversees a range content regulations in the Communications Act 2003 and other media laws.150 The Ofcom Board consists of 10 executive and non-executive members: four full-time executive members (including a chief executive) and six part-time non-executive members (including a chairperson). The chairman is appointed by the Department for Business, Enterprise and Regulatory Reform and the Department for Culture, Media and Sport for five-year terms in accordance with the Codes of Practice for Ministerial Appointment to Public Bodies.

The recruitment process is conducted by a non-governmental company of consultants, following a publicly advertised call for applications. Six non-executive, part-time board members are appointed jointly by the Secretary of State for Culture Media and Sport and the Secretary of State for Trade and Industry, also based on the same codes of practice for ministerial appointments. A nominations committee composed of four non-executive members of the Ofcom Board also assists the Department for Business, Innovation and Skills (BIS) and the Department for Culture, Media and Sport (DCMS) in identifying and nominating non-executive members to fill vacancies when they arise. The nominations committee is also responsible for appointing executive members to the board. The chief executive is appointed by the (non-executive) chairperson and the other non-executive members of the Ofcom Board with the approval of the state secretaries.151

All appointments to the Ofcom Board are made following the code established by the Office of the Commissioner for Public Appointments (OCPA) and subject to open competition and independent scrutiny.152 The recruitment is followed by a public hearing, held by select cross-party committees, which examine spending, policies and administration for each government department. These committees produce a report on the candidate's suitability for the post, which includes consideration of the candidate's professional competence and personal independence. Hearings for candidates of Ofcom's chairmanship must be publicly available.153

These committees are however not able to veto an appointment, a stipulation which is meant to ensure appointments ultimately remain ministerial responsibility. This is currently being reviewed by the current government, as a result of several controversial appointments, including the appointment of the first Ofcom Chairperson, Lord David Currie, member of the Labour party and close ally of then Chancellor Gordon Brown.154 The appointment of former Tony Blair advisor Edward Richards as chief executive of the Ofcom Board in 2006 was also heavily criticised in the UK press.

144 "Reply to the criticisms expressed by the international media against the Media Act," Ministry Of Public Administration And Justice, January 3, 2011, available at: http://www.kormany.hu/en/ministry-of-public-administration-and-justice/news/reply-to-the-criticism-of-the-international-media.
145 "Tories give warning on Ofcom's Labour Party links," The Sunday Times, October 6, 2006, available at: http://business.timesonline.co.uk/tol/business/industry_sectors/media/article663004.ece.
146 Office of the Commissioner for Public Appointments (OCPA), available at: http://publicappointmentscommissioner.independent.gov.uk/codeofpractice/ef8446f3551.html; See also Procedures for public appointments - Governance of Britain Green Paper, available at: http://www.parliament.uk/documents/commons/lib/research/rp2007/rp07-072.pdf.
147 See "What is Ofcom?" Available on Ofcom's website at: http://www.ofcom.org.uk/about/what-is-ofcom/.
148 Ofcom is divided into eight committees, including the Ofcom Board, the Executive Board, the Spectrum Clearance and Awards Programme Management Board, the Operations Board, the Content Board. Each unit is responsible for different areas of media and telecommunications regulation within Ofcom.
149 See Ofcom's Content Board at: http://www.ofcom.org.uk/about/how-ofcom-is-run/content-board/.
150 See Article 12 on the Content Board's remit regarding the Communications Act 2003, available at: http://www.legislation.gov.uk/ukpga/2003/21/part/1/crossheading/ofcoms-content-board.
151 See "Terms of Reference," Ofcom website, available at: http://www.ofcom.org.uk/about/how-ofcom-is-run/committees/nominations-committee/terms-of-reference/.
152 Office of the Commissioner for Public Appointments (OCPA), available at: http://publicappointmentscommissioner.independent.gov.uk/codeofpractice/ef8446f3551.html.
153 See "Pre-appointment hearing with the Chairman-elect of Ofcom, Dr Colette Bowe," First Joint Report of Session 2008–09, House of Commons, 13 January 2008, available at: http://www.publications.parliament.uk/pa/cm200809/cmselect/cmberr/119/119.pdf.
154 "Peer named media watchdog chief," BBC News World Edition, 25 July, 2002, http://news.bbc.co.uk/2/hi/entertainment/2150739.stm.