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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.

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.                                           

DAZN has published its 2021 results, with losses extending to $1.4 billion, a situation that will likely have ameliorated in 2022, as the company looks to breakeven in 2023.

With the Champions League rights renewed in Germany, and crucial distribution deals secured in Italy and Spain, DAZN has a firmer foothold in its three major European markets.

Price increases in major markets and ancillary revenue streams will help stem losses, but achieving break-even by 2023 is still a challenge.

 

 

Three-year-old Apple TV+ is part of a broader pivot to subscription, which seeks to leverage the billion iPhone users.

Little impacted by the tech crash, Apple is increasing content spending as most of its rivals cut it.

Apple’s scripted content pitches quality over quantity, stardom over creativity. But the consumer reception has been cool.

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.

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.

CVC Capital Partners has acquired stakes in the top Spanish and French football leagues, and has been in talks with Germany’s and Italy’s alongside other private equity (PE) firms.

Clubs are after an immediate post-Covid capital injection, and the steady cashflows from media rights are attractive to PE firms. CVC has gained management influence, and tighter cost control should help channel the money into clubs’ stadiums and academies.

Even if the stakes were sold from a position of weakness, PE could help to align the traditionally fractious clubs with the leagues, bringing about a more robust approach across rights deals and investment in commercial potential.

The BBC announced that it should be active in planning for broadcast switch-off, but that the UK should be fully connected with universal affordable access to content.

World Radiocommunications Congress (WRC-23) takes place next year and the long-term future of DTT across EMEA will be debated. If WRC agrees coprimary access to existing DTT spectrum for mobile, this likely spells the end for DTT in the early 2030s.

By 2034, at the current migration rate, nearly 20 billion hours of TV will be viewed in DTT homes—just 20% less than today—with over 80% of that being to adults over 55.

Openreach has simultaneously announced that it is applying a full 11% inflationary price increase across all its key products, and effectively removing this price increase (and a bit more) for full fibre products through an update to its ‘Equinox’ special offer pricing.

Equinox 2's purpose is described as to encourage migration of existing connections to full fibre, but this is hard to see, and it looks more like a defence against migration to altnets and/or VMO2’s emerging wholesale proposition, albeit one that seems like it will not fall foul of regulatory rules.

Openreach will still benefit from the 11% price increase across most of its revenue base in 2022/23, and the shift to FTTP will remain accretive. Openreach’s customers will suffer from the price rise, but with a stronger outlook as they move to FTTP, while the altnet/VMO2 wholesale economics are as-you-were.