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Cross-party support for an 11th hour amendment to the Online Safety Bill’s Commons report stage has forced the Government to agree that a new criminal liability for tech executives will be added in the Bill’s passage through the Lords.

The proposed amendment cites faulty precedents, including in financial services, and a new, not yet established Irish online safety regime that is lengthy in procedural steps before criminal sanction.

The introduction of criminal liability will not strengthen the safety objectives of the bill. It is at odds with the approach of the wider regulation, and is practically unworkable.

The amended Online Safety Bill contains sensibly scaled back provisions for “legal but harmful” content for adults, retaining the objectives of removing harms to children and giving users more choice. However, this comes at the expense of enhanced transparency from platforms.

News publishers have won further protections: their content will have a temporary ‘must-carry’ requirement pending review when flagged under the Bill’s content rules. Ofcom must keep track of how regulation affects the distribution of news.

The Bill could be further strengthened: private communications should be protected. Regulators will need to keep up with children’s changing habits, as they are spending more time on live, interactive social gaming.

Telcos are pressing the EU to force big tech to make a ‘fair contribution’ to their network costs, although this has drawn opposition from telecoms regulators, who rightly fear risks to the wider ecosystem

There are valid concerns to address however, with content providers not currently incentivised to deliver traffic efficiently, and telcos constrained by net neutrality rules from doing anything about it, resulting in unnecessary costs and service degradation

However, there may be better ways to address these, through reforming the implementation of existing rules to encourage more efficient content delivery, and allowing the telcos to provide enhanced delivery routes of their own, with Ofcom’s approach in the UK a step in this direction, but perhaps not a step far enough

Service revenue growth was up just 0.1ppts to 2.0% this quarter, as price rises in the UK and the peak of the roaming boost offset weakness elsewhere.

Price increases to combat inflationary cost pressures are gathering momentum—a potential revenue cushion as roaming tailwinds diminish and challenging economic conditions weigh.

Vodafone is battling strategic issues in most of its main markets—significant change in strategy will be required from the new leadership.

 

Cost-of-living pressures and tougher fixed competition drove VMO2’s revenues (just) back into negative territory this quarter.

Synergy benefits, however, delivered impressive EBITDA growth (+5%) with more to come as the Virgin Mobile MVNO shifts on-network next quarter.

We struggle to foresee convergence becoming the company’s next growth driver as trailed by the CEO, but the mobile outlook is fairly robust and there are steps that can be taken to shore up the pressurised fixed business.

Mobile service revenue growth rose to its highest level in over ten years (+4.5%) as a result of the operators’ higher-than-inflation price rises.

BT/EE fared best with broadly-applied, sizeable increases and robust churn while H3G’s more modest increases and later timing led to just a minor pickup in its service revenue growth—in spite of continued strong performance on the subscriber side.

There are some early signs of an increase in consumer bargain-hunting and some payment challenges, with B2B robust for now but with an increasingly rocky outlook.

With the cost-of-living crisis expected to worsen over the coming months, the telecoms operators must walk a fine line—support customers but protect their financial performance in the face of a likely recession and rising costs.

We are likely to see weakness on the B2B side and consumers will look for ways to reduce out-of-bundle spend, seek retention discounts and spin down to lower speed tiers and data bundles, but we expect that dropping services completely will hold limited appeal.

Proactive retention activity and promotional pricing is likely to pay off more than slashing headline prices, and will help to avoid a damaging price war—a far bigger risk to their revenues than spin-down.

A forthcoming UK regime on the relationship between publishers and platforms, certain to include Google and Facebook, will seek to replicate the payments achieved in Australia. However, the principles, design and precise process are still to be revealed by the Government

Facebook’s News Tab and Google’s News Showcase license content from publishers (including paywalled content) and direct traffic to their sites, although industry tensions remain high

Google Search is the elephant in the room because, while Facebook is a service to its users, search is a utility: making news more important to its offering, and explaining why Google’s commitment to the news industry runs deeper—and for the long term

European mobile service revenue growth was positive for the first time in five years this quarter as a resurgent mobility boost combined with the return of roaming revenues.

Q2 is set to be a mixed bag, with inflation-plus price increases expected in the UK, an elevated boost from the roaming recovery, but also some weakness in the B2B market.

We are also seeing the early impact from end-of-contract notification rules, particularly in Germany, and we expect ARPU pressure and churn to pick up elsewhere as the impact becomes more widespread.

On 12 May 2022, Enders Analysis co-hosted the annual Media and Telecoms 2022 & Beyond Conference with Deloitte, sponsored by Barclays, Financial Times, Meta, and Deloitte Legal

With up to 500 attendees and over 40 speakers from the TMT sector, including leading executives, policy leaders, and industry experts, the conference focused on regulation, infrastructure, and how new technologies will impact the future of the industry

These are edited transcripts of Sessions 1-3 covering: regulation and legislation, PSB renewal, and clarity in the age of non-linear transmission. Videos of the presentations are also available on the conference website