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Setting out its vision for the future of PSB in its report Small Screen: Big Debate, Ofcom has highlighted the “urgent need” to overhaul broadcasting laws and regulation to ensure that PSBs can survive in the continually evolving age of online viewing. Streaming platforms such as Netflix, Now TV, Disney, Amazon Prime, and YouTube – whose development has challenged traditional broadcasting and transformed audience viewing habits – could now be obliged to provide public service…
In April 2019, the Online Harms White Paper proposed the introduction of a duty of care on companies whose services host user-generated content or facilitate online interaction between users. It was said that the duty of care would require those companies to take reasonable steps to prevent, reduce or mitigate harm occurring on their service. There was concern that the notion of harm was left broad and undefined. It was unclear how a regulator might…
Aren’t you on TikTok? TikTok is the platform of Generation Z with the overwhelming majority of its users under 25 (in contrast the average age of a Facebook user in the US is 40). Its rapid expansion has propelled many of these users to overnight fame. At the time of writing, the most followed TikTok user is Charli D’Amelio, a 16 year old American who has amassed over 100 million followers (in contrast she ‘only’…
The parties agreed a 10-year $1.97bn deal in 2017 for the right to broadcast J.League matches domestically in Japan, but the restructure and extension will see DAZN pay $2.1bn over 12 years, at a reduced annual rate. According to SportsPro, DAZN intends to use this restructured contract model as a template for negotiations with sports rights holders moving forward. DAZN claimed the deal to be ‘transformational’ in that it has the potential to ‘redefine…
New proposals were handed down on 15 December by both the UK government and the European Commission and, consequently, we now have plenty of reading to get stuck into to get us through the dark winter days.  For those planning lighter relief for the January gloom, I’ve digested the fine print for you and set out below some high level food for thought for companies likely to be caught by both regimes. Broad territorial scope…
The explosion of OTT content has reshaped and redefined the broadcasting landscape. Platforms coming out of the ‘streaming wars’ are now championed and viewed as the new normal. The COVID-19 pandemic has laid bare the benefits of platforms such as Netflix, Disney+ and Prime Video, providing consumers with instant, at-home entertainment and providing alternative distribution channels for high-budget productions that can’t be released in theatres. With the rising global demand, consumption and accessibility of streamed…
The DMU will sit within the Competition and Markets Authority (‘CMA’) and work alongside other regulators, such as the Information Commissioner’s Office (‘ICO’) and Ofcom.  The DMU’s role will be to oversee a pro-competition regime that will govern the behaviour of certain digital platforms.  The platforms restricted by the code will be those that currently ‘dominate the market’- particularly those funded by digital advertising, which the DMU identifies as having ‘strategic market status’.  It is…
Yesterday was a busy day for Europe in terms of tech regulation.  In addition to the ground-breaking announcements made by the European Commission of the new Digital Services Act and the Digital Markets Act, the UK government also published its long-anticipated final response to the Online Harms White Paper.  The Online Harms consultation ran from 8 April 2019 to 1 July 2019 and received over 2,400 responses from stakeholders across the technology industry, including…
Two linked proposals are contained in the legislative package: a Digital Services Act, which proposes new content moderation rules and could give media companies new tools in their fight against illegal content online; and a Digital Markets Act which proposes ex-ante rules for very large “gatekeeper” platforms and is designed to complement competition law. This article will focus on the key measures proposed in the DSA which will introduce a horizontal framework for all…
This summer, the UK High Court handed down judgment in a case which significantly blurred the lines between defamation and data protection law.  This speed read provides a summary of the key points that came out of the judgment, which are of particular relevance to data controllers who compile reports on individuals which may need to be disclosed to third parties.  For a detailed analysis of this case, see Bryony Hurst’s article here. Essentially,…