Epic Games, maker of mega-hit Fortnite, sued Apple over alleged antitrust violations around App Store rules and Apple’s 30% tax on in-app transactions. A decision could come soon, though it will be contested on appeal.

The implications of the case could be far-reaching, as Apple and other tech companies like Google design their platforms to extract high-margin revenue from the transactions they facilitate, including news subscriptions: a five-year basic in-app subscription to The Times costs £885, of which Apple takes £158. 

It comes in the context of a flurry of debate and decisions around tech antitrust and consumer protection: new laws may ultimately be needed, but regulators in the US and UK are proving they can be creative with their existing tools. 

Across a range of genres, distinct local programming skews in popularity with the regional audiences it reflects. For example, Derry Girls’ viewing share in Northern Ireland is over 40% higher than across the rest of the UK.

However, market forces have cemented the dominance of London and the South East in terms of television production.

Moving more Public Service Media activity outside the M25 will rebalance production away from London, help fulfil a key commitment to serve all UK audiences, and differentiate PSM content from international services.

Early 2020 presented a nightmarish outlook for advertising revenues, but very strong late returns meant that total Channel 4 revenues were down just 5% YoY. Slashing content investment by £138 million, with production shut down and programmes deferred, resulted in an operating surplus of £71 million

Viewing share grew slightly in a weakened broadcasting environment, and given the fertile conditions, All 4 had a bumper year. COVID-19 may have even aided Channel 4’s existential transition to digital, but streaming services have outperformed

Despite fulfilment of its remit in a tough and unpredictable time, once again, privatisation is back on the agenda. We believe that it will be difficult to maintain the remit with a new buyer paying any more than a meagre sum, and even if that happens, a profit-oriented buyer will have incentive to game the obligations

Advertising income has been the lifeblood of commercial TV for decades, but declining linear audiences—combined with digital video alternatives—mean the TV advertising model must evolve to ensure it remains as potent a medium for brands as ever.

Lack of effective audience measurement and somewhat opaque advertiser/agency/sales house relationships are hampering linear TV advertising revenues. Both issues need resolving to underpin a healthier ecosystem overall.

Flexibility is key to this evolution. A move to audience buys across most linear and BVOD inventory would provide greater flexibility and targeting for advertisers, and would sit alongside some premium context buys. A greater onus on volume deals would give broadcasters more certainty to invest in content and their advertising propositions.

Spotify paid $5 billion in royalties last year to the music industry. Critics claim the $0.0038 per-stream average royalty rate is too low. However, this is largely due to high volumes of ad-funded listening, a core part of Spotify’s freemium model, and a defence against piracy. 

To silence the critics, the “Spotify Loud & Clear” site presents data on the distribution of industry royalties, which are heavily skewed to established artists. Only the top 5% of artists generate annual industry royalties above $1,000, though they take home less under their deals. 

The remaining 95% of artists on Spotify generate under $1,000 a year and use the platform mainly to reach fans that attend live gigs, their primary source of income, now halted by the virus. These artists’ problem is digital discovery, as Spotify’s playlists push hits rather than the midlist. 

This report is free to access.

The Creative Industries accounted for 6% of UK GVA in 2019, more than the automotive, aerospace, life sciences and oil and gas industries combined. The UK’s Creative Industries are the largest in Europe and are central to promoting the UK’s soft power globally.

At the core of the creative economy is the AV sector, which, in turn, is driven by the UK’s PSBs. In 2019, the PSBs were responsible for 61% of primary commissions outside London and are the pillar upon which much additional regional economic activity depends.

Going forward, only the PSBs are likely to have the willingness and scale to invest in production centres outside London with sufficient gravitational pull to reorientate the wider creative economy towards the nations and regions.

This report is free to access

Climate change is a core theme of this year’s Media and Telecoms 2021 & Beyond Conference, linking to the UK's presidency of COP26 in 2021, the UN’s 26th climate change conference.

Since 2015, the Paris Agreement frames mankind’s collective effort to address climate change by reducing emissions of harmful greenhouse gases (GHG), to limit warming to well below 2°C above pre-industrial levels, aiming for 1.5°C. The UK is committed to achieve this target and seeks, alongside other nations, to reduce its GHG emissions to net zero by 2050.

The UK, like other participants, will deliver net zero through mandatory carbon footprint reduction activities, an important component of which are businesses. This report profiles the carbon footprints of companies in the TMT sector, which are light in the case of most media companies, and heavier for telcos, which build and run network infrastructure.

An easy win we advocate for the TMT sector is to adopt a hybrid model for work on the back of pandemic-related work-from-home (WFH) practices, reducing office estates and commuting, permanently cutting the footprint.

The pandemic shows working from home is economically feasible in the UK, thanks to telco networks, platforms and services, disproving employers’ largely negative pre-existing views. WFH will also add value to office workers, about half of which support a hybrid model for the future. It liberates precious time from the commute, makes the office integral to value creation, and prevents carbon from being wasted.

On 1 October, Google CEO Sundar Pichai announced $1 billion for worldwide news publisher partnerships for a novel News Showcase product, helping them to distribute their content to a new audience.

It is an important milestone: for the first time Google will pay publishers to curate content in the Google News app (initially), and to provide unpaywalled access to articles on publishers’ websites that users can click through to.

In so doing, Google is defusing the simmering conflict with publishers in major markets, and showing policy-makers its willingness to collaborate with a news industry facing existential threats.

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.
 

The Competition and Markets Authority (CMA) has provisionally found that Fox’s acquisition of Sky is against the public interest on media plurality grounds, although it could proceed with an appropriate remedy

The CMA found the merger would give the Murdoch Family Trust (MFT) and family members “too much influence over public opinion and the political agenda”

The CMA now enters the challenging remedies phase. Fox could offer an Editorial Board for Sky News pending finalisation of Disney-Fox (by 2019). Third parties seem likely to continue to seek to prohibit the merger