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 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.

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 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 Public Service Broadcasters (PSBs) are in the process of sliding from TV dominance to middling contenders, in terms of content expenditure and significance to viewers

There are calls from many sides that the PSBs need to collaborate in order to thrive, in an era when global debt-funded SVOD services are making all the running

This note explores what can realistically be achieved by PSB collaboration; where partnerships work best; and the areas best avoided

The Telegraph, The Guardian and News UK (The Times and The Sun) will jointly invest in The Ozone Project to develop a state-of-the-art platform to sell their digital inventory

Ozone will add value to news digital inventory and seek to win back advertiser expenditure on Facebook and Google’s various properties, (indirectly) reigniting interest in placement next to quality news media content

Each JV participant operates a distinct business model, which risks friction, but this digital reboot is crucial. By 2020, Ozone could add circa £30 million per annum – not a trivial contribution to a national newspaper newsroom

Despite significant changes in people’s video viewing habits over the last few years, the TV platform landscape has appeared to have reached an equilibrium.

We expect pay-TV to retain its utility status for most existing customers. At the margins, movement from Sky and Virgin Media to free-to-air or pay-lite services will be mitigated by population growth.

The excitable growth phases for Netflix and Amazon are likely to be over, but they have carved out prominent positions in the market. Meanwhile, the uncomplicated allure of free TV remains strong for half the UK.

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

In a display of chutzpah, Mediapro acquired the Ligue 1 domestic broadcasting rights from 2020-24 in what is the most disruptive shock to the French broadcasting industry in a generation; one that is likely to accelerate Canal+’s decline, force a review of the outdated regulatory framework, and possibly spur an M&A spree.

The Mediapro move only makes sense as a highly speculative bid to resell the rights, or a dedicated channel, to French platforms in 2020. The odds are high that the broker ultimately fails to fulfil the contract, as just happened in Italy, where Sky is now expected to get the Serie A licence.

Precedents of new entrants acquiring domestic top-flight rights bode poorly for Mediapro, and for the league. The Ligue 1 may live to regret the introduction of a ‘re-sell right’ into its licensing terms.