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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.

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.

The post-pandemic recovery has lifted vacancies to a high of 1.27 million, at critical levels in hospitality and health—sectors impacted by the exodus of EU workers. We expect recruitment advertising for private sector roles to have risen 13% in 2022 to £746 million (noting base effects from lockdown in H1 2021), and will decline c.4% in 2023.

LinkedIn dominates recruitment advertising directed at professionals, leveraging its free global networking service. Indeed anchors the other end of the skills spectrum, which is low value and high volume, aggregating openings to create a scale proposition for jobseekers, using technology to target and match them with employers.

Specialists are surviving Indeed’s technology-driven business model by relying on human expertise and ancillary HR services to differentiate. Agencies continue to specialise in supplying workers to large employers for temporary positions. News publishers have retained a small but dwindling slice of recruitment advertising.

By firing Bob Chapek, the board responded decisively to a stream of negative press coverage and unexpected weak results.

Iger's priority should be unwinding Chapek’s revenue and distribution structure that separated creatives from investment control.

What will be the next transformational deal for Iger-led Disney? Strategic gaps include a youth audience pivoted towards social media and games

With major studios arguably over-indexed on SVOD, the stickier experiences of interactive entertainment and the metaverse will eventually form a critical pillar of studio D2C strategy, boosting subscription services and tying in closely with consumer products and theme parks.

Disney’s appointment of a Chief Metaverse Officer is good first step, demonstrating a strategic interest in the space. But other major studios remain cautious and distracted, with limited capability beyond licensing to engage in the metaverse for the next 24 months and possibly longer.

Meta will need to provide a strong guiding hand creatively and technically to ensure its new partnership with NBCUniversal is a success, and to evangelise the metaverse and its revenue model across the Hollywood studio content space.

A forthcoming UK regime on the relationship between publishers and platforms, certain to include Google and Facebook, will seek to replicate the payments achieved in Australia. However, the principles, design and precise process are still to be revealed by the Government

Facebook’s News Tab and Google’s News Showcase license content from publishers (including paywalled content) and direct traffic to their sites, although industry tensions remain high

Google Search is the elephant in the room because, while Facebook is a service to its users, search is a utility: making news more important to its offering, and explaining why Google’s commitment to the news industry runs deeper—and for the long term

Apple's News and News+ service to iOS users in the UK, US, Canada and Australia has attracted many ad-funded and paywalled news publishers since its launch in 2015

Publishers’ 'opt-in' to its walled garden environment to reach underserved demographics on their own sites and raise brand awareness, and more recently, take advantage of the reduced commission on subscriptions sold through the App Store, with Apple taking 15% instead of 30%

For Apple, the priority is to improve the user experience, ultimately driving sales of iOS devices, although its engagement with news is only a minor source of revenue compared to games. We regard Apple News as being mainly a device to buttress its reputation in those selected markets where it faces political and regulatory pressures, explaining its limited geographic roll-out

On 12 May 2022, Enders Analysis co-hosted the annual Media and Telecoms 2022 & Beyond conference with Deloitte, sponsored by Barclays, Financial Times, Meta, and Deloitte Legal

With up to 500 attendees and over 40 speakers from the TMT sectors, including leading executives, policy leaders, and industry experts, the conference focused on regulation, infrastructure, and how new technologies will impact the future of the sector 

These are edited transcripts of Sessions 9 and 10 covering: the Metaverse, Authority in the Digital Age for publishers and closing remarks. Videos of the presentations are also available on the conference website

TikTok has reached a billion users worldwide just four years after its global launch, much quicker than social media rivals, though its ban in India is a drag on growth.

TikTok’s popularity with under-25s has contributed to a hollowing-out of Meta’s active userbase. During the pandemic, TikTok also expanded its reach among older demographics, cementing its position within the mainstream and posing a further threat to Meta. 

TikTok could earn twice as much revenue as Snap in 2022, making it the first app to break out of the mid-league in years, with a huge runway for growth backed up by ByteDance’s remarkable success in China. 

Netflix’s decision to launch games as part of the subscription bundle is smart business: rewarding current subscribers, leveraging its IP, and signalling that subscription is the best long-term revenue model in the games space. 

Expect technological innovation to be central to Netflix’s ambitions with games. Netflix will make it easier for different game experiences to occur, and ways to attract external developers will inevitably follow. 

For Disney, Netflix just made the battle for customers more difficult and more expensive.  Disney will need to make hard decisions about how to approach the games business—something it has shown before it finds difficult to do.