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.

On 18 May 2023, Enders Analysis co-hosted the annual Media and Telecoms 2023 & Beyond Conference with Deloitte, sponsored by Barclays, Financial Times, and Salesforce.

With over 550 attendees and over 40 speakers from the TMT sector, including leading executives, policy leaders, 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 Four, covering: news publisher growth, the way forward for UK telecoms, regulation, and closing remarks. Videos of the presentations will be available on the conference website.

This report is free to access.

Climate change is again a core theme of this year’s Media and Telecoms 2023 & Beyond Conference, as it has been since 2021 when the UK hosted COP26.

Published in March 2023, the IPCC's Sixth Assessment Report points to alarming warming trends due to rising greenhouse gas (GHG) emissions. Echoing the messaging of COP26 and COP27, the IPCC implores signatories: “Emissions should be decreasing by now and will need to be cut by almost half by 2030, if warming is to be limited to 1.5°C.” With many governments stymied by short-term political exigencies, it is businesses and people that must harbour the ambition for net zero that our planet requires. 

This year’s report highlights the climate change initiatives of TMT companies to decarbonise operations, and their society-leading role towards the environment. Media businesses are mobilising their touchpoints with their audiences—from news, to magazines, to audio-visual productions such as films, TV programmes, games and advertising—to inform and win over hearts and minds in favour of climate action. Case studies of the Guardian, WPP, Ad Net Zero, Bertelsmann, Vivendi, Sky, BT Group, and Virgin Media O2 provide best practice learnings.

Consumer tech revenue growth ground to a halt by the end of 2022.

Changes in technology and user behaviour are creating risks for incumbents.

Shareholder pressure is driving efficiencies, but high costs are an inevitable response to growing challenges.

A combination of factors drove the worst quarter ever for big tech growth, though the secular shift online of the economy and society will continue.

Advertising demand is down, reflected in lower prices. Ads did better the closer they are to transactions, with variability by category.

Efficiencies and AI are the investor-soothing buzzwords going into 2023.

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.

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.

DAZN has agreed to buy Eleven Sports, adding two untapped European markets and expanding further into South East Asia in its bid for greater scale

Team Whistle, Eleven’s short-form content production and distribution network, will provide new opportunities for marketing DAZN, especially to younger audiences

Meanwhile, DAZN Bet has soft-launched in the UK—a small first step as it seeks additional monetisation methods for expensive broadcasting rights

The pandemic years boosted many businesses selling services on subscription in the UK: work-from-home gave people more time and money to widen the services they enjoyed in the home, such as gaming, entertainment and music, also boosting engagement with trusted news

The cost-of-living crisis dented the number of subscribers to OTT SVOD and news services in Q2 2022. Broadband and mobile are must-have; bundles of services (e.g. Sky’s pay-TV and broadband or mobile) are more resilient; yearly and multi-year contracts prevent churn relative to monthly contracts; and services that cater to passions (e.g. football) are always need-to-have

Subscription (or supporter) media and news services reaped the demand for trusted news through the pandemic, but now face a tough challenge to their toplines from the economic downturn—and also to transition to a sustainable business model for media audiences, while advertisers are also feeling the heat

Reportedly, BT Sport is about to seal a deal to extend its coverage of the revamped Champions League until 2027. Amazon is going to step in with a weekly game, and the BBC will get the rights to the highlights.

In France, Canal+ has outbid Amazon to claim the full rights package thanks to a bid that has grown the total value of the rights by 28%.                                  

With Canal+’s football content secured, the upcoming Ligue 1 auction may struggle to find bidders, a fate threatening other short-sighted leagues.