The UK government is on the cusp of introducing legislation that will force online platforms to monitor and mitigate the presence and spread of harmful and illegal content, in a regulatory first for big tech.

Affected companies should take note: they will need to prepare for a higher level of transparency and communication with regulators, and larger service providers will require expanded moderation, user verification and research capabilities.

Users should be protected as platforms balance complex competing duties. News publisher content has a carveout, but publishers may experience butterfly effects as the online environment is reshaped.

It has been ten years since Netflix launched in the UK, initially riding the growing wave of internet video, but quickly raising viewer expectations of user experience, overall production quality and long-term availability of content—challenging the rest of the industry to keep up

Netflix’s push into original production transitioned streaming from pure catch-up or repositories of old favourites, to a vibrant entertainment option, driving the formation of an SVOD market and providing other content companies with a larger addressable base now familiar with paying for TV

The streamer has deftly navigated the path from insurgent to joining the same establishment that it radically inverted—through considerate industry participation and self-regulation—however further questions will inevitably be asked about the company’s growing influence upon Britain’s cultural fabric

Alongside freezing the licence fee for the next two years, the government made it clear that it believes the fee is no longer the optimal mechanism to fund the BBC, demonstrating a willingness to remove it in 2028

What seems to be the government's preferred replacement, a subscription, is not ideal: there are structural issues that mean it would not be possible to have a service that all could subscribe to without a costly switchover

Furthermore, a subscription would undermine a number of tenets of public service broadcasting, most notably universality, breadth of programming and representing the diversity of Britain—naturally a subscription service would pivot to commercially efficient content that targets its subscribers and those most likely to subscribe

There are just under eight million adults in the UK who only have access to free-to-air television, relying on it as a vital source of entertainment, information and company

These viewers watch much more television, and depend heavily upon the diversity and quality of content delivered by the BBC and other public service broadcasters

Without further support for PSB content in all genres, for all audiences, there is a risk of leaving millions of people out of ever-rarer shared cultural conversations, speeding up feedback loops of viewer decline, and losing the core public value in the ecosystem as a whole

There is a belief in some quarters that there is space for a myriad of large SVOD services in the UK. We question whether there is room for more than the current three pacesetters; Netflix, Amazon and NOW TV

Like the UK, the US market is dominated by three services, and there is evidence of an appetite for further offerings. But the US market is conspicuously different to the UK's, with the forces behind cord-cutting in the States less apparent this side of the Atlantic

Potential domestic UK services would struggle to compete with the resources—supported by debt-funded and loss-leading models—that foreign tech giants can marshal

The Public Service Broadcasters (PSBs) have been mulling a possible SVOD service, a decade after their ad-supported Project Kangaroo was blocked on competition grounds

Even if a reboot between the BBC and ITV were this time to be approved, we do not think Kangaroo 2 can succeed as a significant SVOD entrant in its home turf of the UK, above all because it’s too late

Other flaws in the offer are that it would be too small, non-premium, too old (archive), and too old (viewing profile), plus lacking sufficient financial resource to produce a pipeline of unique series

Video-sharing platforms, such as YouTube and Facebook video, enjoy a light-touch regulatory regime for harmful content and advertising. As video viewing of non-broadcaster content grows, the regulatory gap between TV broadcasters and video-sharing platforms widens, part of a broader uneven playing field for publishers and platforms.

However, there is momentum against this: the “platforms vs publishers” divide looks set to weaken in EU law, and the platforms themselves are investing more in combatting harmful content within a self-regulatory regime, though their internal policies and outcomes are still opaque.

Effective and fair regulation of video-sharing platforms would involve the balancing of national freedom of speech conventions and the public utility of user-generated video hosting with concerned stakeholder views: something approaching a co-regulatory system for online video-sharing platforms.

Although launched with an array of public service goals in mind, local TV’s flawed design has created a sector struggling to live up to its optimistic ambitions. 

Five years and £37 million of licence fee monies later, it is unclear what public service contributions are being made, or whether the scheme has provided value-for-money. A wholesale review of the sector is urgently needed.

The vision of a “thriving and sustainable” sector has fallen flat. Most licences remain loss-making, with doubts as to their long-term viability. Those operating low-cost models seem best placed to survive.

The TV, the main screen in the house, is rapidly becoming connected to the internet, opening a new front in the battle for people's attention

Tech players, pay-TV operators, and manufacturers are all aiming to control the user interface, ad delivery and data collection, leaving incumbent broadcaster interests less well represented

To protect their position, and the principles of public service broadcasting, broadcasters will have to work with each other at home and in Europe to leverage their content and social importance

The BBC is concerned with the performance of the iPlayer, handicapped by its inability to monetise its content. Nevertheless, as it moves towards an all-IP future, it is experimenting with new content strategies

Data from Digital-i shows that the iPlayer's Christmas Boxsets brought 360,000 unique viewers/week to the BBC portfolio; an audience which skewed encouragingly young

Furthermore, case studies of two of the programmes made available over this period—Peaky Blinders ​and ​Hard Sun—provide insight into how people consume content delivered this way, something that has been difficult to ascertain due to the major SVODs' secretive treatment of their own data