REGULATION

AND LONG FORM

DRAMA
Facts
 The regulation of LFTD in the USA.

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

■ HBO (an American streaming service) Launched in 2015. Because of this it opened a floodgate 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.
■ The Evidence - 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.
■ Netflix continues to amass global subscribers to consolidate itself as a market share leader. Last week it announced that it garnered 7
million net new members in the fourth quarter of 2016, beating its record for quarterly growth and smashing expectations thanks to its
international expansion. Currently at 94 million subscribers, it is only a matter of months before it reaches 100 million subscribers
worldwide.
 Topic 2 - The regulation of media and long form drama in the UK & EU.
https://www.theguardian.com/media/2015/oct/14/video-on-demand-ofcom-atvod

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. The change, which will come into force in January. However, taking on
ATVOD’s responsibilities is unlikely to mean a significantly increased workload for Ofcom, as ATVOD only
covers TV-like services based in the UK, such as those run by UK broadcasters and smaller services. Most
of the body’s work to date has concerned adult content. TV services delivered over the internet from outside
the UK, such as Netflix, are not covered by ATVOD. However, Amazon Prime Instant Video, which is
delivered via the company’s UK subsidiary, is covered.
 Guide to video on demand (Ofcom)
https://www.ofcom.org.uk/tv-radio-and-on-demand/advice-for-consumers/television/video-on-demand

Ofcom regulates editorial content (programming) on UK 'video-on-

demand' services. Previously our co-regulator, the Authority for Television
on Demand (ATVOD), led on this.
Video-on-demand services include TV catch-up and online film services.
■ What rules do on demand programme services have to follow?The platform on which these on-demand services are delivered does not
matter, so services on connected TVs, apps on mobile phones and
■ Regulated on demand programme services must ensure that: programmes you view through set-top boxes may all be regulated.
■ 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.
■ If you have a complaint about editorial content (i.e. programming) on a regulated video-on-demand programme service, please
contact the on-demand service provider. We have made available a list of these and how to contact them. If you are dissatisfied
with the response you receive, or if you can't find the video-on-demand service provider on the list, you can complain to Ofcom
using our on demand programme service complaint form .
■ There are also rules about what advertising you can see when you view a video-on-demand programme. This kind of advertising:
■ must be readily recognisable, and cannot contain any surreptitious advertising or use subliminal advertising techniques;
■ must not encourage behaviour that risks the health or safety of people; and
■ must not advertise tobacco products, prescription-only medicines or medical treatments.
Netflix and Amazon must guarantee 20% of content is European
Shake-up of broadcasting rules aims to bring digital on-demand services in-line
with traditional TV broadcasters
https://www.theguardian.com/media/2016/may/25/netflix-and-amazon-must-guarantee-20-of-content-is-
european
Netflix and the EU Content Regulation
Earlier this year Netflix announcement of launching their streaming services in an
additional 130 countries. This basically meant that all of a sudden new audiences
could enjoy popular shows such as Orange is the New Black and House of Cards. 
But then… In came the European Union…  Around the end of May, the European
Commission recommended that on-demand and video streaming services be
required to reserve 20% of their catalogs for European content. This ‘move’ is
supposed to support local arts and entertainment.
As you can imagine, Netflix wasn’t all too thrilled about this news. A Netflix
spokesman said that whilst the company “appreciates the Commission’s objective
to have EU production flourish, …the proposed measures won’t actually achieve
that.”
Of course critics have weighed in on both sides of the debate, talking about
protectionism and free trade, yet no one seems to be answering one important
question: Will this change the relationship between you and your beloved Netflix
account?
So who’s actually behind this EU Imposed Content Regulation?
Representatives from various EU countries supported the Content Regulation. However, and
not very surprisingly, the Spanish and French governments were the main activists. Both
countries have complained about the supposed influence of the English language on their
culture and national arts.
Sounds a bit 'cry baby' to us, but the complaints aren't new! Already back in 1993, France and
Spain both passed protectionist measures to boost their local entertainment industries and
protect them against the "evil" American media. France had radio stations devote 40% of their
airtime to actual French songs, whilst Spain forced restrictions upon the projection of
American movies. They argued that laws as such were the only way to preserve the true
European cultural identity. 
Now that people are actually starting to move away from cinema and over to the online
content, it seems that Europe thinks that new regulations should be put into place. The move
is also in line with other EU decisions forcing Internet companies to change which content is
displayed in Europe (smells like censor ship).
All stream/watch/view-on-demand services will be held to the quota, meaning Netflix will also
be joined by its rivals Amazon and iTunes. And while all three currently surpass the 20%
benchmark, there are also vague measures requiring the companies to make financial
contributions aiding European film and TV production.
Netflix simply points to the EU projects it already has to show that regulation is unnecessary.
For example Marseille, a French-language series, began streaming this spring and The Crown, a
drama series about Queen Elizabeth II, will be released this fall. Netflix says it also supports
some Italian, Spanish, and German productions in the works.
Other critics of the regulation say the market/demand should decide what gets streamed, and
Will the EU Affect Your Netflix Happy Time?
It kind of depends on where you watch your Netflix from. Currently, Netflix offers different
libraries of content to different countries. This means that when you travel with Netflix or
change your IP address with ChillGlobal and access Netflix “from a different country”, you
might find something new that you wouldn’t be able to view from your home country.
Meaning that European Netflix subscribers are likely the only ones to be impacted.
Right now Netflix just barely hits the required 20% European content benchmark.
However, the proposal could affect 
the future content. Because for every 4 hours of non-local content that Netflix offers its
European customers, they’ll be forced to add an additional hour of European content. And
whilst they could also chose to cut old content in order to maintain the required ratio,
that would cause European consumers to lose out.