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The EU is investigating Apple over its Digital Markets Act (DMA) compliance strategy, including its tight control over app distribution via the App Store. More open choices for apps would be a boon to media providers and consumers.

Apple is defending its ability to profit from its iPhone ecosystem, a vital principle for future growth. AI is also being dragged into the battle, as Europe misses out on Apple Intelligence, at least for now.

The EU legislated early and perhaps clumsily, but the rest of the world is matching the substance. The UK has just passed its new digital markets regulation, and mobile ecosystems will be a key early target for regulator scrutiny.

On 4 June 2024, Enders Analysis co-hosted the annual Media and Telecoms 2024 & Beyond Conference with Deloitte, sponsored by Barclays, Salesforce, the Financial Times, and Adobe.

With over 580 attendees and over 40 speakers from the TMT sector, including leading executives and industry experts, the conference focused on how new technologies, regulation and infrastructure will impact the future of the industry.

This is the edited transcript of Session One, covering: the evolution of streaming models, and public service broadcasting in the digital age. Videos of the presentations will be available on the conference website.

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 metaverse is a radical expansion of online experiences— sparking a host of new safety challenges on harmful content, economic activity, and privacy.

Building safety into the metaverse will take a village: platforms and communities will set policies and moderation. Regulators could struggle to future-proof their tools, especially with decentralised platforms.

AI age verification and moderation is in a race against AI hazards: disinformation, deepfakes and dynamic user content all intensify harms in immersive settings.

In a reform of the competition regime for digital markets, by 2025 the UK will have conduct regimes for platforms including Google, Meta and Apple, overseen by the Digital Markets Unit.

Nested within could be a ‘fair bargaining’ regime for platforms and news groups, following Australia and Canada, whose lessons could be valuable to preserve platforms’ incentives to serve news. In Canada, platforms are refusing to pay to serve news links to their users, and plan to exit this form of content.

Financial transfers to UK news groups by platforms is among the new UK regime’s aims, but is unlikely to make up for the declining revenue trend of local news provision whose sustainability is most at risk.

A new era is starting for the big consumer tech companies, as they venture outside of their traditional comfort zones to bet on future growth—most obviously in AI, and then cloud, gaming, headsets and video.

Competition in the tech space is intensifying as incumbents go head-to-head in new revenue growth areas also populated by insurgent startups—their M&A watched closely by competition regulators.

Fat profit margins have ensured vast financial resources are available to pour into competition, but hitting the right targets for consumer engagement is key to success.

Piracy of live video feeds—chiefly sports—is growing due to illegal subscription ‘IPTV’ services delivered to TV sets.

Consumers discover illegal feeds through search engines and social media, and subscribe through global payment systems.

Anti-piracy activity is focused on feed disruption. There is little attention paid to credit card and online payment facilitators who need to do more.

Recent developments in AI have ignited a frenzy in the tech world and wider society. Though some predictions are closer to sci-fi, this new phase is a real advance.

We view AI as a ‘supercharger’, boosting productivity of workers. The impact is already being felt across media sectors, including advertising and publishing.

Firms thinking about using AI should assess which tasks can be augmented and what data is required. Be prepared for unpredictable outputs and a changing legal and tech landscape.

UK news publishers have rushed to distribute content on TikTok. They are drawn by its enormous young audience, but poor monetisation and data sharing, a lack of referrals to their own sites, and data security concerns are frustrating a full embrace of the platform.

TikTok is increasingly identified as a ‘news source’ by young people: a risk to publishers distributing content on the platform is that their brands may get lost in user feeds.

Publishers should view activity on TikTok as a strategic cost instead of a revenue source: an investment in brand awareness, and development in content and delivery formats that are becoming more widespread across platforms. Brand visibility is key to success here.

Spotify’s strategy to invest massively in podcasts weighed on its costs and chewed up its operating profits, a bad combination that led CEO Daniel Ek to admit he 'got a little carried away'.

Spotify's podcast investment did not deliver the benefit of reduced music licensing costs on the premium tier.

Podcast investments in North America have not materially altered Spotify's slower post-pandemic subscriber growth in that geography, and do not travel outside their home country as readily as music.