This report is free to access.

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.

As Reed Hastings stepped aside as co-CEO, Netflix beat its (last ever) subscriber add forecast—7.7 million v. 4.5 million—leading to a revenue boost, alongside a gradually-widening profit margin. Forecasts for 2023 are positive, with the company seemingly past much of the tumultuousness of 2022.

With no metrics volunteered by management, we can assume that take-up of Netflix's nascent ad-supported plan has been predictably modest. To scale, the company must overcome several structural inhibitors.

With Netflix foreseeing future strain on subscriber additions, in time revenue growth will have to increasingly be inspired by paid-sharing initiatives and advertising—this will be detrimental to local content spend in minor markets.                                           

Structural shifts in the delivery of video are causing long-form viewing to coalesce around fewer programmes—this comes despite an explosion in the volume, spend and perceptual accessibility of content

For the time being this theoretically favours the largest of shows, along with the declining number of content providers that are able to create and distribute them at scale, forming critical masses of interest

Incoming technologies leveraging AI and virtual production will have the ability to drastically lower production costs. But until that happens the spend on most programming will become increasingly less efficient

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

In a transformative upgrade of its content subscription offering, Google is buying the rights to live Sunday NFL games for $2 billion per year for 2023-2031.

YouTube can leverage its massive reach to challenge existing video aggregators, including pay-TV platforms and Amazon, as a gatekeeper to consumers.

Google will likely deploy a similar strategy in Europe, eventually competing with Sky, Canal+ and other incumbents—a hopeful development for football leagues.

Online advertising growth at big tech firms has flatlined, with real-term declines at Meta and YouTube. The weakness is concentrated in higher funnel ads.

Advertising is a leading indicator. A hardware slowdown is coming, services growth is stuttering, and businesses will want to save on cloud services.

Investors are hostile to attempts to spend through a downturn, but competition from TikTok and developments in AI demand targeted investment, while Meta is pot-committed to the metaverse. Tech giants are looking for savings elsewhere.

 

60% of Chinese online ad spend is directly driven by ecommerce, compared to 40% in the West. The gap will close as content and ads move closer to transactions.

General search engines are not central to the customer journey in China: Baidu fell below 10% of online advertising last year, compared to Google’s c.55% share in the UK.

The Chinese model now has a vector to the rest of the world in the form of TikTok, whose parent company ByteDance added more retail GMV in China than Alibaba last year. TikTok wants to grow video shopping in the West, targeting a huge $470 billion in transactions by 2027.

With viewing to traditional broadcast TV continuing to shrink rapidly, especially among under-45s, our latest forecasts revise a new low for broadcasters’ audiences: falling to just half of all video viewing in 2027, down from 63% today

Long-form, broadcast-quality content will increasingly be viewed on SVOD-first services (e.g. Netflix, Amazon, Disney+) as online habits solidify, especially among older audiences. Platforms offering different content (e.g. YouTube, Twitch, TikTok) will continue to grow their share and will also expand total watch-time

We forecast that under-35s will spend just a tenth to a fifth of their video time with broadcasters’ traditional long-form content five years from now, versus a third to a half for 35-54s and 85% for over-65s

After two quarters losing net subscribers (-1.2 million), Netflix grew subs in Q3, adding 2.4 million (up to 223 million), driven by APAC but with all regions back to an upward trajectory. The company's attempt to focus attention off subs and onto revenue hit a snag, though—due to F/X this was down quarter-on-quarter

Netflix's ad-supported tier will be launched in the UK on 3 November; while it will not alleviate churn it will increase the perceptual value of the more popular and expensive Standard tier. With BARB not measuring incremental reach and frequency of its commercial impacts, Netflix will still have a job to prove value to advertisers

The declaration of Netflix's UK revenue firms up our understanding of the company's paying base, and provides insight into the number of households that are getting the service for free—revealing the revenue potential of measures to counteract this freeloading culture, but also the prevalence of it