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Category: Public Affairs

  • New report: Governance of Artificial Intelligence

    New report: Governance of Artificial Intelligence

    Former science, innovation and technology committee publishes report on AI governance and calls for greater protection on copyright and IP rights

    The now-dissolved Select Committee for Science, Innovation and Technology recently published a report on the governance of AI, aimed to examine the development, current state, and future of artificial intelligence.

    The report was published on 28th May 2024, with parliament dissolving two days later, rendering the committee ceased. Despite this, the committee affirmed the report was ‘futureproof’ to ensure the next government can implement the recommendations where fit.

    The report addressed several key themes including:

    • Ongoing debates and emerging regulation
    • International engagement
    • Committee recommendations on AI governance

    Impact on the publishing sector

    Currently, the government’s framework for legislating AI involves a cross-sectoral approach. In February 2024, regulators (e.g., Ofcom, the FCA) were instructed by government to provide an update on their strategic approach to governing the use of artificial intelligence within their sector.

    Publishers are uniquely affected by AI in that their online content is often scraped, without licensing, to train AI models. This means they are impacted directly by AI developers, making it difficult, if not impossible, for publishers to benefit from this regulatory approach.

    Intellectual property and copyright

    Despite this, the report addressed the challenge of intellectual property and copyright in the face of artificial intelligence. The committee called on the government to “broker a fair, sustainable solution, based around a licensing framework governing the use of copyrighted material to train AI models.”

    They said: “The current Government, or its successor administration, should ensure that discussions regarding the use of copyrighted works to train and run AI models are concluded and an implementable approach agreed. It seems inevitable that this will involve the agreement of a financial settlement for past infringements by AI developers, the negotiation of a licensing framework to govern future uses, and in all likelihood the establishment of a new authority to operationalise the agreement. If this cannot be achieved through a voluntary approach, it should be enforced by the Government, or its successor administration, in co-operation with its international partners.”

    PPA next steps: The PPA will be engaging with relevant stakeholders in the run up to the election to build lobbying efforts for an appropriate AI Bill, such as our EU counterparts with the new AI Act. The team will be attending a roundtable with Lord Holmes of Richmond, whose recent AI Private Members Bill was scuppered by the general election, after reaching its third reading in parliament. Nevertheless, he plans to bring the Bill back after the State Opening of Parliament (17th July).

  • General election: implications for publishers and the status of key bills

    General election: implications for publishers and the status of key bills

    With the announcement by Prime Minister Rishi Sunak that an election will take place on 4 July, the current parliamentary term was brought to an abrupt end and the main political parties began campaigning.

    By law, parliament must be dissolved 25 working days before the general election (in this case by 30 May). Due to the pre-arranged timetable for recess, this meant that all the bills making their way through parliament had to complete passage by Friday 24 May or be thrown out. This process is also known as parliamentary wash-up.

    There were three key Bills in the House of Lords that were of significance to specialist publishers:

    1. The Digital Markets, Competition and Consumers Bill

    The Digital Markets, Competition and Consumers Bill completed its passage in the House of Lords last week and became the Digital Markets, Competition and Consumers Act (DMCCA).

    This new law gives powers to the Competition and Markets Authority (CMA) to take steps to tackle market failures that stem from the dominance of large technology companies (see our explanatory document here). It also establishes new rules for subscription providers, to protect consumer rights and combat so called ‘subscription traps’.

    The central Government and the CMA will now work with stakeholders to determine how the DMCCA should be implemented.

    PPA next steps: On competition, the CMA has published a consultation document on its guidelines for the new regime. The PPA will be meeting with members of the Digital Policy and Regulatory forum to understand members’ views on this as we develop our formal response.

    On subscriptions, the Department for Business and Trade in central Government has set up a working group to engage stakeholders on the consultation for this part of the DMCCA which the PPA’s Head of Policy and Public Affairs, Eilidh Wilson, will sit on. We will continue to liaise with the members of the PPA’s subscriptions group to understand the operational and commercial concerns about the new subscription laws. However, we have been given assurance that this element of the DMCCA will not be enforced before Spring 2026.

    1. The Media Bill

    The Media Bill also completed its passage in the House of Lords and become the Media Act. This law contains provisions to repeal Section 40 of the Crime and Courts Act which, if enacted, would force publishers to sign up to a state-backed regulator or pay both sides’ legal costs if they were sued.

    PPA next steps: The PPA is delighted that this was passed as it protects press independence. We will continue to support the work of the Independent Press Standards Organisation (IPSO).

    1. The Data Protection and Digital Information Bill

    The Data Protection and Digital Information Bill did not complete its passage in parliament and has been thrown out.

    The PPA is pleased that the Bill did not become an Act of law as it would have given powers to the Secretary of State to centralise cookie consent with browsers. This would have prevented publishers from being able to collect data from their own cookies and leave the sector at the mercy of browsers such as Google chrome to access any kind of user data.

    PPA next steps: The PPA has engaged with key political stakeholders in the Department for Science, Innovation and Technology, the House of Commons and the House of Lords about our concerns regarding cookie centralisation. The PPA will support the next Government in developing legislation that promotes data fairness for users and specialist publishers.

    What the election means for Artificial Intelligence

    Addressing the lack of regulation of Artificial Intelligence (AI) remains a top priority for the PPA, as open AI systems continue to benefit from the use of copyrighted data scraped from specialist publishers’ websites without their permission. The PPA has been calling for the roll-out of regulatory mechanisms to enforce transparency from AI developers about what data they are scraping and how it is being used.

    The Government made no regulatory interventions but did commit to “exploring mechanisms for providing greater transparency so that rights holders can better understand whether content they produce is used as an input into AI models”.

    The election means that it will be incumbent on the next Government to establish a regulatory regime for AI. There have been reports of speculation that Labour could publish a policy document outlining a position on this before the election takes place. Labour leader Keir Starmer, and Shadow Technology Secretary Peter Kyle have both made statements (see here and here) on the record indicating they would take a tougher regulatory approach than the Conservatives. However, we are yet to see a detailed policy commitment from Labour on establishing transparency provisions for AI in the interests of copyrights holders.

    AI and copyright are at the heart of the PPA’s policy manifesto, published last year. We will continue to lobby key political stakeholders for regulatory interventions and will monitor the election campaigns for key announcements on AI.

    PPA next steps: The PPA has designed policy positions and nourished political stakeholder relationships in anticipation of this general election. The next Government will be responsible for the implementation of the regulatory regime for digital competition and will have the opportunity to design new bills on AI and data fairness. The PPA will continue our advocacy work to ensure that digital regulation upholds rather than inhibits the interests of specialist publishing businesses and their readers.

    For more information, please contact our Head of Policy and Public Affairs, Eilidh.wilson@ppa.co.uk

  • Lords discuss the PPA’s concerns in debate on Data Protection Bill

    Lords discuss the PPA’s concerns in debate on Data Protection Bill

    What are centralised cookie controls?

    Cookies are small bits of user data that are designed to improve user experience. Every time a user visits a website, you are often presented with a cookie banner. Users will either get targeted ads (if cookies are accepted) or generic ads (if cookies are rejected).

    With the aim of reducing “cookie fatigue”, a clause in the Bill will allow for the Secretary of State to have the powers to “centralise” these cookie controls, done through one’s browser – such as Google Chrome or Safari. This will mean users will not have to accept or reject cookies on each site, but rather they will accept it one time on their browser.

    The impact on publishers

    Such cookie controls could override the existing cookie consent relationships between users and publishers. It could be that many internet users would not consent to cookies from their browser, but are more likely to consent to the webpage of a publisher which they trust. Additionally, this action will have adverse effects on businesses that rely on data from cookies to verify the performance of digital adverts – a significant part of their business models.

    During the parliamentary debate, Lord Clemet-Jones, Liberal Democrat Lords Spokesperson (Science, Innovation and Technology) said, “The PPA has made an extremely good case. [Centralised cookie controls] would amplify existing barriers to competition in the digital market. There are provisions in the Digital Markets, Competition and Consumers Bill that would give powers to the Competition and Markets Authority to address any problems, such as enforced data sharing from platforms to publishers, but centralising cookie consent would completely undermine the objectives of that legislation. It is clear that [the Data Protection and Digital Information] Bill should be amended to withdraw the provisions giving the Secretary of State the power to introduce these centralised cookie controls”.

    Our Public Affairs team has followed up with relevant political stakeholders to make the case for amendments to remove the provisions for centralising cookie consent. If you have any questions, please contact them: Eilidh.wilson@ppa.co.uk or Natasha.anku@ppa.co.uk.

  • Government developing plan on copyright and AI

    Government developing plan on copyright and AI

    Lord Holmes of Richmond (the sponsor of the Artificial Intelligence Regulation Private Members’ Bill), opened the debate, which asked ministers what steps they are taking to protect intellectual property rights concerning AI since discontinuing plans to develop an AI copyright code of practice.

    The Minister for AI, Viscount Camrose, said the Government is working with the Department of Culture, Media and Sport to develop a way forward on copyright and AI.

    In March, ahead of a debate on Lord Holmes’ AI Bill, the PPA met with the peer, alongside various stakeholders and discussed how the Bill speaks to the specialist publishing sector. In this most recent debate, Lord Holmes spoke to how regulation is mandatory to ensure the integrity of the creative sector is maintained, stating it contributes billions to the UK economy.

    Baroness Stowell of Beeston (also the chair for the Digital and Communications Committee) raised concerns after having written to the Secretary of State for the Department of Science, Innovation and Technology, regarding the department’s response to the committee’s report on generative AI and large language models. The letter said the committee is “not persuaded that Government is investing enough creativity, resources, and political heft to address the problem [of copyright]”. The report also said that “issues with copyright are manifesting right now and problematic business models are becoming entrenched and normalised”.

    The PPA has been in contact with the Department of Culture, Media and Sport to identify the ways that Department of Science, Innovation and Technology is planning on developing the best way forward on copyright and AI for our sector.

    Lord Holmes’ Bill will be entering the next stage where it will be debated in the House of Commons. Since this is a private members’ Bill, this is an unusual step.

    If you have any questions or would like to find out more, contact our Head of Policy and Public Affairs, Eilidh.wilson@ppa.co.uk.

  • Minister leaves open Government position on accountability and regulation of LLMs

    Minister leaves open Government position on accountability and regulation of LLMs

    Minister for AI, Viscount Camrose, declined to clarify the Government’s position on the accountability and regulations of large language models (LLMs) in response to a question tabled by Labour Peer, Lord Watson of Wyre Forest.

    Lord Watson asked whether the Government classifies platforms that host LLMs (eg. OpenAI), as either a) hosting providers, or b) publishers and content creators. He then asked, what assessment has the Government made on the impact of this classification on the regulation and accountability of these platforms.

    Lord Watson’s question draws attention to the fact that currently, LLMs are facing neither the liability of a creator of an original work nor the copyright and reimbursement obligations of platforms hosting others’ work. They are neither responsible nor obliged to acknowledge other creators when using scraped information on their platforms.

    In response, Viscount Camrose said, “the AI Regulation White Paper recognised that allocating liability across the AI supply chain can be highly complex, particularly as these are new technologies that potentially provide a broad range of novel services and functions.” He said the Government is committed to engaging with a range of experts on potential interventions by the summer.

    His response leaves the question open and unanswered in recognising the accountability efforts of LLM providers. In the meantime, the PPA continues to engage with the relevant Government Departments and regulatory bodies as they develop their approach to AI.

    The PPA has been in contact with Lord Watson to support our lobbying efforts, with attention to the regulation of artificial intelligence.

  • MPs call for changes to protect creators

    MPs call for changes to protect creators

    Parliament has seen cross-party support for addressing changes to copyright laws after the Select Committee for Culture, Media and Sport published their Creator Remuneration Report.

    The report highlights how many creators be left in precarious circumstances due to the lack of regulation surrounding copyright laws and the lack of safeguarding measures given to creative freelancers.

    The PPA has been lobbying for the Government to address transparency and IP in the context of AI and is pleased to see the committee address this issue, bringing it to the attention of their corresponding department and wider government. The committee has called on the Government to address a number of areas to ensure the appropriate safeguarding of creators. These include:

    • Fair contractual terms for creators – the committee calls on the Government to acknowledge the issues around contracts and working conditions by implementing the recommendations of the CREATOR campaign.
    • Addressing generative artificial intelligence – the committee calls on the Government to ensure creators have mechanisms that enforce their consent and receive fair compensation when works are used by AI systems.
    • Appointing a Freelance Commissioner – the committee calls on the Government to appoint a Freelancer Commissioner with appropriate powers to advocate for the interests of creative freelancers, as well as cross-departmental oversight.

    The PPA has been in contact with members of the committee about this latest update and is continuing to build parliamentary relationships to ensure the safeguarding of creators and publishers are addressed at a high level of Government. The PPA supports the recommendations addressed in the report, and urges the Government to put them into practice. 

    About the committee: The Culture, Media and Sport Committee is a cross-party House of Commons committee assigned to scrutinise the UK Government, in particular the Department for Culture, Media and Sport. The Committee chair is Dame Caroline Dinenage MP.

  • Government responds to the PPA’s call to amend upcoming subscription rules

    Government responds to the PPA’s call to amend upcoming subscription rules

    Of particular interest to specialist publishers, the Bill’s proposed laws on cancellation and renewals have been significantly altered.

    Cancellation

    Instead of allowing a consumer to cancel in one “single communication” and “by any means”, subscription providers will have to allow consumers to cancel in a way which is “straightforward”.

    This means that publishers will still be able to direct consumers to new deals during the cancellation process. However, for consumers who sign up online, they must also have the opportunity to cancel online and cannot be automatically directed to a call centre. This will mean, in some cases, a change in subscription management services.

    Renewal notices

    The Government has amended the Bill to avoid a policy that would have resulted in blunt renewal emails that don’t reflect the best of business and consumer experience. While publishers will still be required to send renewal notices, this information can be embedded within emails that give information about the benefits of the service.

    However, we note that embedding renewal notices into subscription tech is not straightforward, and in some cases, not immediately possible. We have raised concerns about this with Ministers, who have acknowledged that it is a serious issue. The PPA is asking that the Government and the Competition and Markets Authority work with us to find a solution.

    As Press Gazette reported, PPA CEO Sajeeda Merali commented: “We are very happy that the Government has responded to industry concerns pertaining to subscriptions. It shows that they have recognised that the subscription business model is incredibly important, and this is backed up by our own market sector report which showed that subscriptions are the biggest growth area for our publishers. We will continue to engage with the Government and regulator to ensure that the policies are implemented in a way that best meets the needs of both businesses and consumers.  And we will support our members as they adjust and navigate the change in regulatory landscape.”

    Once the Bill receives Royal Assent and becomes an Act of law, the Competition and Markets Authority will oversee an implementation phase, where they will determine how to enforce these new rules.

    The PPA is committed to continuing close engagement with the Competition and Markets Authority to ensure a transition that is optimal for publishers’ businesses and their audiences who enjoy access to their content.

    If you wish to discuss this with our team, please get in touch with our Head of Policy and Public Affairs, Eilidh Wilson, Eilidh.wilson@ppa.co.uk

  • PPA submits response to Ofcom consultation on future of postal services

    PPA submits response to Ofcom consultation on future of postal services

    Ofcom is examining the future of the postal service, and considering making alternations to Royal Mail’s obligations, such as reducing the number of required delivery days. Once they have reviewed their stakeholder evidence, they will present conclusions and recommendations to Government on next steps.

    The Guardian has been reporting on the PPA’s involvement in the consultation, citing evidence from our Head of Policy and Public Affairs, Eilidh Wilson, that readers have unsubscribed because of an unreliable service “and that business gets lost”. They also highlighted that moving production lines to allow for changes to posting schedules is not practical.

    More recently, The Guardian reiterated the messaging from our submission that time-sensitive information will be delivered late if Ofcom were to allow for the removal of Saturday deliveries.

    The PPA continues to advocate for the maintenance of the Universal Service Obligation (USO) in its current form and has been closely engaging with Ofcom throughout this process. If you wish to discuss this with our team, please get in touch with our Head of Policy and Public Affairs, Eilidh Wilson,  Eilidh.wilson@ppa.co.uk.

    You can find out more about the consultation here.

  • New consumer subscription law: what businesses need to know

    New consumer subscription law: what businesses need to know

    Following the imminent consumer law revolution, join Lewis Silkin as they take a deeper dive into the proposed new rules for subscription contracts under the Digital Markets, Competition and Consumers Bill.

    As the Bill enters its final phase, this is an opportunity to find out more about the latest developments and to consider some of the practical questions for businesses tasked with implementing changes.

    Areas covered include:

    • What is ‘key pre-contract information’ – and where do you put it?
    • When should reminder notices be sent – and what should they say?
    • What does “easy exit” cancellation look like?
    • What will the consumer have to pay if they cancel?
    • What are the consequences of getting it wrong?
    • Will there be a transition period to give businesses time to adapt?

    To register your place, click here.

  • Landmark EU AI act

    Landmark EU AI act

    The Act sets out to ensure organisations and developers are utilising and deploying their AI systems safely and ethically. It adopts a risk-based approach to AI regulation, the greater the potential risk to users, the greater the compliance obligations.

    Under the Act, generative AI models are an example of general-purpose AI (GPAI). These providers must comply with the Copyright Directive and publish a summary of the content used for training. Companies must also label AI-generated content. Companies that will be under this provision include the likes of OpenAI (the owners of ChatGPT) and Microsoft’s Copilot.

    The PPA is pleased to see generative AI being addressed and regulated, and has been involved in numerous lobbying efforts to bring this issue to the attention of the right stakeholders in the UK.

    With the proximity of a general election, it is unlikely that any AI-related legislation will be proposed at this stage. But given the current Government has expressed a commitment to innovation rather than legislation, there may be a rush to follow in the footsteps of our European counterparts.

    In relation to Rishi Sunak’s comment on not rushing to regulate AI, Peter Kyle MP, Shadow Secretary of Science, Innovation and Technology said: “to secure these benefits [of AI] we must get on top of the risks and build public trust. It is not good enough for our ‘inaction man’, Prime Minister, to say he will not rush to take action, having told the public that there are national security risks which could end our way of life.”

    If you would like to read the full act, see here. For an interactive version, see here.

    The PPA will monitor the situation and keep members updated. If you’d like to discuss this further, please speak to our Public Affairs team at Eilidh.wilson@ppa.co.uk or natasha.anku@ppa.co.uk.