Learner Resource 3

Regulation topic

Relevant information

Topic 1 - The regulation of global practices of production, distribution and circulation

https://www.marketwatch.com/story/what-netflix-comcast-and-others-are-saying-about-the-fccs-plan-to-end-net-neutrality-2017-11-22

https://www.forbes.com/sites/nelsongranados/2017/01/25/only-top-video-streaming-services-are-likely-to-survive-in-the-trump-era/#1cdb8af13319

https://www.reuters.com/article/us-netflix-asia/in-asia-netflix-trips-on-regulation-content-and-competition-idUSKCN0XJ0BZ 

1. The Federal Communications Commission is charging ahead with its plan to end “open internet” protections, referred to as net neutrality, that it says were unnecessarily heavy-handed regulations.
   Obama-era internet regulations has been intensely debated by internet companies, activists and internet users.
   Netflix Inc. NFLX, -0.78%  tweeted on Tuesday that it supports strong net-neutrality rules, and that it opposes the commission’s proposal to roll back protections.
   A “light-touch” approach to internet regulation.
2. The launch of HBO Now opened the floodgates for all major players in media and entertainment to launch their own stand-alone video streaming service that is not linked to a cable subscription. Since then, video streaming services are popping up so often it is hard to keep up.
   The top video streaming aggregators so far are proving that it pays off to have a critical mass of content and customers. Netflix, Amazon, YouTube and Hulu continue to consolidate their position in digital video distribution. Some are even competing aggressively with exclusive and original content.
3. Months after its global rollout, Netflix Inc (NFLX.O) is facing problems in several major Asian markets as it struggles to provide enough strong content to attract consumers amid tough local competition, and also faces many regulatory hurdles, underlining concerns about disappointing subscriber numbers reported this week.

Regulation topic

Relevant information

Topic 2 - The regulation of media and long form drama in the UK

https://www.theguardian.com/media/2015/oct/14/video-on-demand-ofcom-atvod

https://www.ofcom.org.uk/tv-radio-and-on-demand/advice-for-consumers/television/video-on-demand

https://www.theguardian.com/media/2016/may/25/netflix-and-amazon-must-guarantee-20-of-content-is-european 

http://www.chillglobal.com/blog/posts/netflix-and-the-eu-content-regulation

Video-on-demand services including Channel 4’s All4 and Sky’s Now TV will be regulated by broadcast and communications regulator Ofcom.

TV services delivered over the internet from outside the UK, such as Netflix, are not covered by ATVOD, and YouTube, even when used to post content by UK broadcasters, also falls outside its remit. However, Amazon Prime Instant Video, which is delivered via the company’s UK subsidiary, is covered. ATVOD only covers TV-like services based in the UK, such as those run by UK broadcasters and smaller niche services. Most of the body’s work to date has concerned adult content.

What rules do on demand programme services have to follow?

Protecting the under-18s: "specially restricted material" (which has been or would be classified in the R18 category by the British Board of Film Classification (BBFC), or material which might seriously impair the physical, mental or moral development of under-18s, is made available in a way which secures that under-18s will not normally see or hear it;

"prohibited material" (which would be refused a classification by the BBFC) does not appear;

Incitement to hatred: they do not contain any material likely to incite hatred based on race, sex, religion or nationality; and

Commercial references in programmes: they comply with rules about product placement and sponsorship.

Netflix and Amazon’s European operations will have to guarantee to that at least 20% of video content in their catalogue is from Europe, according to a shake-up of broadcasting rules unveiled by the European Commission on Wednesday.

In addition, platforms such as Netflix and Amazon will have to ensure that their services provide “good visibility” and prominence to European content in their digital catalogues.

Netflix said it has committed “hundreds of millions” of euros to European productions so far, as well as having partnerships with broadcasters including the BBC, for Watership Down, and ITV for Marcella, which stars Anna Friel.

According to a study provided by the European Commission, Netflix and Apple’s iTunes already devote 21% of their film catalogue to content from the European Union.

European regulators are introducing the new rules to make the new wave of digital on-demand and streaming services adhere to the same, or similar, commitments that traditional TV broadcasters are forced to follow in Europe.

Topic 3 - The impact of new media technologies on regulation

https://9to5mac.com/2017/02/08/new-eu-rules-will-remove-geoblocking-so-customers-can-use-online-subscription-services-like-netflix-abroad/

http://www.telegraph.co.uk/business/2016/05/26/the-eus-plans-to-regulate-content-on-streaming-services-are-a-mi/

1. The European Union is laying out plans to enforce new laws that breakdown geographical barriers for online subscription services like Netflix, Amazon Prime Video and Apple Music. When the new regulations come into effect in early 2018, online services must provide a service to its customers regardless of their current location, as long as they stay within the EU.
   This means that a person from the UK (pre-Brexit) could buy a Netflix subscription in their resident country, and then go abroad to Spain for holiday. Netflix would then have to allow the customer to use their same subscription in Spain with access to the same content that they get in the UK …
   It does not mean that Netflix would have to offer the same library of content across all EU countries, just that if a customer signs up in one country, that same library can be accessed from any other member country.

2. Borgen. The Killing. The Bridge. In the last few years, the British have discovered a taste for European TV drama – even a massively over-weight Gerard Depardieu wheezing his way through murky underworld of French politics in Marseille on Netflix has a few viewers. 
   We can decide whether we want to watch them or not. Now the European Union has decided that we should be forced to watch more European drama – and subsidise it as well. The likes of Netflix and Amazon Prime will be made to hit quotas for European content.