RedBird IMI will sell its claim to own the Telegraph Media Group (TMG) due to the public interest test it was set to fail, with the Spectator also back on the block
 

TMG surpassed a declared goal of 1 million subscribers by the end of 2023, motivating our forecast of 4% revenue growth for FY2023 to reach £265 million
 

The buyer of the Telegraph is likely to face an intervention on public interest grounds from the Secretary of State—a hurdle that could dissuade many bidders
 

Big news publishers are pursuing licensing deals with AI companies, chiefly OpenAI. Not all publishers will see a substantial return; while some news may be important for training AI models, not all publisher content will be.

Litigation is a threat point when negotiations stall (see the New York Times), but the copyright status of Large Language Models (LLMs) is uncertain. In the UK, there has been no government intervention (on copyright or otherwise) that could facilitate licensing.

Publishers’ bargaining position is strongest when it comes to up-to-date material that could be important in powering some AI consumer products. They should seek deals to support their journalism, while bearing in mind the risk that new products may get between them and their readers.

The German football league’s rights tender for its 2025-29 cycle is designed to create competitive tension between Sky and DAZN.

Based on precedents and public statements, we would expect Sky to increase coverage and DAZN to scale it down without a head-on bidding battle.

With low international potential, the Bundesliga can only count on its deep fan base to meet competitive pressure from the Premier League.

The Government will enact a new ban on foreign states acquiring UK print news media, forcing Redbird IMI to end its pursuit of Telegraph Media Group (TMG).

The new law adds a further criterion to the regulatory scrutiny of media mergers on competition and public interest grounds, but there remain questions about its scope.

The new law will collide with the completion of Phase 1 of the regulatory process on public interest grounds by the Secretary of State (SoS), unless RedBird IMI surrenders.

Public service broadcasters are in a position to plan for the long term with commercial licences renewed for ten years, an updated prominence regime via the Media Bill and a government broadly supportive of the BBC.

With the Premier League and EFL rights secure to the end of the decade, Sky can plan for the future from a position of strength.

Relationships between Sky and the PSBs have improved markedly recently, and as all can now plan for the long-term, this should provide further opportunities to cement relationships for the benefit of the broadcasting ecosystem and viewers.

A new UK corporate structure for RedBird IMI to own the Telegraph and Spectator has sparked a second regulatory intervention on public interest grounds, which has set back the deadline for Phase 1 advice from Ofcom and the CMA to 11 March.

Even without the frenzy of opposition to the merger of RedBird IMI and TMG, a like-for-like comparison with the corporate structure of the Evening Standard highlights several concerns that could arise in Ofcom’s PIT.

The Secretary of State Lucy Frazer will certainly prefer to refer the merger to the CMA for an in-depth Phase 2 investigation in view of the scale of public interest concerns, despite undertakings offered by RedBird IMI.

The value of the domestic rights of major European leagues is falling due to the declining competitive intensity between broadcasters.

The Premier League’s new rights deal extends its lead, while Serie A faces a 10% fall in revenue next season and Ligue 1 struggles to get a flat fee.

Sky and DAZN have cemented their status as Europe’s top football broadcasters. Amazon has refocused to one game per week.

The quest for sustainability in the UK national news industry is gaining ground, thanks to digital growth offsetting relentless print decline. The challenge of the print-to-digital transition has not faded, however, amidst the oncoming cliff-edge for print.

Nationals choosing the path of the walled garden on digital have out-performed those in pursuit of the ad-supported mass-market audience, whose ad yield per user is being compressed by more efficient scale platforms and the end of tracking technology.

Despite the challenges facing the news industry, the beacon of light shone by professional journalism has never been more important to humanity, to combat disinformation and misinformation on the internet, which Gen AI tools will only exacerbate.

The ban on pre-9pm TV ads for HFSS (high in fat, salt or sugar) products being considered by the Government would not play a constructive or quantifiable role in reversing the UK’s rising childhood obesity rates. 

The ban on HFSS product ads since 2008 around children’s programming has not impeded the inexorable rise of childhood obesity. In 2010, Ofcom termed an HFSS watershed ban ‘disproportionate’ and ‘ineffective’. 

In 2018, a watershed ban would be even less effective. Children’s linear broadcast TV viewing is down by half since 2010, mainly to YouTube’s advantage, which benefits from light-touch HFSS regulation.
 

With Comcast’s acquisition of Sky confirmed and Disney’s acquisition of 21st Century Fox on the path to regulatory clearance, how will the relationships of the various parties evolve?

Disney is betting on a standalone SVOD service in the US. However, its content deal with Sky in Europe is lucrative, and the performance of DisneyLife in the UK suggests its US strategy may not fit elsewhere.

Sky’s relationships with Disney and Fox are crucial to its business. A joint pursuit to maximise returns from IP and distribution in Europe would be economically efficient for both Comcast/Sky and Disney/Fox.