Category: Public Affairs

  • Competition claim filed against Google for ad tech abuses

    Competition claim filed against Google for ad tech abuses

    A competition claim has been filed at the UK Competition Appeal Tribunal (CAT), alleging anti-competitive practices against Google in the online advertising market. It is alleged that the tech giant abused its dominant position in ad tech to earn excessive profits at the expense of thousands of UK publishers.


    This follows a €220 million fine against Google for anti-competitive behaviour – the claim in the UK is valued at up to £13.6 billion. Toby Starr, partner at Humphries Kerstetter which is leading the claim, said: “Google’s misconduct in this matter is well known. The French authorities have fined the firm and multiple investigations are underway across the globe. However, none of these regulatory actions will do anything to compensate the UK publishers of thousands of websites and mobile apps who have lost billions in advertising revenue because of Google’s actions. The only way to recoup these losses is through a competition class action”.


    The claim is being brought on behalf of 130,000 businesses publishing around 1.75 million websites and apps in the UK. The case is operating on an opt out basis, which means that all publishers which have been impacted by Google’s practices will be considered part of the claim unless they proactively choose not to be.


    A website providing further details of the claim and biographies of the key parties and individuals can be found here.

  • Text and Data Mining copyright exceptions unlikely to go ahead, says Minister

    Text and Data Mining copyright exceptions unlikely to go ahead, says Minister


    The PPA has worked with the Alliance for IP and British Copyright Council to express our concerns that a broad exception for TDM would undermine the UK’s IP framework. The UK publishing industry is reliant on a strong IP framework to invest in quality content. Without the ability to license and receive payment for the use of their data and content, businesses may be compelled to leave the UK market or apply paywalls on content that is currently free to view.


    Speaking to the House of Lords Communications and Digital Committee, the Minister acknowledged that the Intellectual Property Office (IPO) is extending consultation on the issue, and that she is “not convinced of the value of this piece of work”. At DCMS questions last week, Lopez stated the additional consultation will “see if the proposals can be revised”, acknowledging that IP is the “lifeblood” of the creative industries.


    The PPA is engaging with the IPO as it reconsiders the proposals, and will emphasise the need to retain the UK’s gold standard IP framework.

  • Ofcom launches consultation on regulating the BBC’s impact on competition

    Ofcom launches consultation on regulating the BBC’s impact on competition

    The plans come as the government continues its Mid-Term Charter Review, and follows a consultation on the BBC operating license. The competition framework for the BBC is significant, as the size and spending power of the corporation means it has the potential to ‘crowd out’ commercial publishers, and diminish their ability to run sustainable businesses. The PPA has concerns that the proliferation of ‘soft’ content on the BBC News website is replicating content genres that are already well served by specialist publishers.


    The consultation cites the PPA’s calls for the materiality process – the process by which the BBC determines if a change to its services may have a significant adverse impact on competition – to formally require the Corporation to consult with stakeholders. The regulator states that such a requirement may be disproportionate and make it more difficult for the BBC to adapt at pace.


    However, it has accepted that adding further detail to its guidance will give stakeholders a clear view of what reasonable and proportionate engagement should look like. To complement this, Ofcom is also proposing that the BBC must publicise changes to its public services that are likely to be subject to a materiality assessment: this is intended to ensure that stakeholders are aware of significant changes.

    If a change is judged to be ‘material’, the BBC is then required to conduct a Public Interest Test (PIT) to determine if competition impacts are justified by public value. Ofcom plans to give more guidance on how the BBC should engage with stakeholders to bolster meaningful engagement.


    Once the BBC has conducted a PIT, Ofcom is currently required to conduct a competition assessment (BCA) or a shorter assessment, including an assessment of materiality. Given that the BBC will generally have found that a change is material if it reaches the BCA stage, Ofcom proposes to ad flexibility in whether consulting on materiality is necessary in the BCA.


    The PPA is reviewing the consultation and will meet with Ofcom to discuss the proposals in greater detail.

  • Ofcom has found US tech firms increasingly shape the news stories that people in the UK see and read

    Ofcom has found US tech firms increasingly shape the news stories that people in the UK see and read

    The Chief Executive of Ofcom, Melanie Dawes, told the Financial Times that preliminary research carried out by the regulator revealed social media platforms are driving polarisation among users. Part of a forthcoming Ofcom investigation will examine algorithms that “amplify emotional reaction” to news and potentially lead users “into an echo chamber”.

    Ofcom has therefore launched a broader review into its media plurality regime, examining whether this should expand to cover the role of tech platforms role in hosting news – a move which would mark a further expansion of Ofcom’s already very broad remit.

    Over the coming months, Ofcom will be engaging with industry and interested parties, with a view to developing formal recommendations for consideration by the UK Government. A further, “more intrusive” approach being considered is the creation of statutory obligations for online to put in place measures to “support the visibility and discovery of a range of high-quality journalism on [their platforms]”.

    However, Ofcom notes that any such policy would need to be carefully designed so as to proportionately remedy the “identified harms to media plurality” and to avoid unintended consequences for the industry.

    PPA has previously engaged with the Ofcom Media Plurality team and have requested a meeting to better understand the regulator’s intentions. We will also look to issue a formal response to the questions posed in the study, so please do get in touch (sebastian.cuttill@ppa.co.uk) if you would like to discuss the report and recommendations in greater detail.

    We are keen that the role of specialist titles in providing trusted news is properly accounted for in any policy proposals resulting from the forthcoming investigation, creating a level playing field with “core news” organisations online.

  • Government commits to bringing forward Digital Markets Unit legislation, and Online Sales Tax abandoned

    Government commits to bringing forward Digital Markets Unit legislation, and Online Sales Tax abandoned

    This legislation will not only support specialist publishers and the creative industries to build thriving online businesses, but will also save millions of consumers money. We will now work with government to ensure that the detail of the legislation is as effective as possible, and with the DMU itself to develop codes of conduct that will go to the root of big tech’s anticompetitive practices.

    To note, this legislation will also bring in new regulations on the selling of subscription contracts. PPA has been successful in having several measures that would have had a highly detrimental impact on subscriptions ‘churn’ removed. We are now looking to facilitate engagement between experts within our membership and government in order that civil servants have a proper understanding of how subscriptions businesses work in practice.

    In another key announcement, the government has decided not to introduce an Online Sales Tax (OST), an idea put forward by certain stakeholders in the context of Business Rates reform. The government’s decision reflects concerns raised about an OST’s complexity and the risk of creating unintended distortion or unfair outcomes between different business models.

    An OST would have reduced publishers’ subscriptions revenues and created huge complexity in the process, so it is good to see that these concerns have been acknowledged and the policy abandoned.

  • PPA Briefing on the Autumn Statement

    PPA Briefing on the Autumn Statement

    Of particular note to publishers, it has been announced that the government will bring forward the Digital Markets, Competition and Consumer Bill – the legislation that will empower the Digital Markets Unit (DMU) – to parliament in the current parliamentary session. Meanwhile, the proposed Online Sales Tax has been abandoned.

    The Chancellor acknowledged that the UK is now in a recession and that the economic climate would worsen in the short term. However, the blame for this was placed on international factors and comparisons were given on the economic situation other comparable countries were also facing.

    On inflation, Hunt says that this was his “enemy” and would be a focus of his to tackle. Again, comparisons to the inflationary environment of countries were given by Hunt to provide context and demonstrate the UK was not an outlier in the situation it faced.

    According to the Treasury, a fiscal “black hole” of around £54 billion exists in the public finances, with the Chancellor confirming wide-ranging spending cuts coupled with tax rises in response. In total, £55 billion of tax increases and spending cuts have been announced today.

    In attempting to restore the public finances, the Chancellor said that the Autumn Statement will also seek to restore the UK’s economic stability and reassure markets following September’s “mini” budget which was correct to identify growth as a priority. Hunt affirmed that in taking these decisions, the most vulnerable will be protected and future economic growth should not be sacrificed.

    Three priorities guide the Chancellor’s Autumn Statement: stability, growth, and public services. He stated that “the UK, like other countries, is now in recession”, however “but because of our plans the recession is shallower, and inflation is reduced.”

    Shadow Chancellor Rachel Reeves MP (Lab) began by stating that the country found itself in a “worse place than we started the year” given the changes in Prime Ministers and other positions. She attributed the economic outlook not only to “12 weeks of Conservative chaos but also 12 years of economic failure”. She accused the Chancellor of offering the same old failed policies despite dismal economic growth, investment going down, wages being squeezed, and public spending crumbling, saying working people were paying for his failure.

    She urged the need to break free from the cycle of stagnation, advocating for fairer choices and a proper plan for economic growth. Ms Reeves stated the Government has no coherent plan for growth, reflected by the Office for Budget and Responsibility’s decision to downgrade growth in the months and year ahead. She asserted the need for a long-term plan that would produce “a fairer, greener, more dynamic economy”, putting working people at the forefront and an industrial strategy “which gives business certainty, unlocks investment, and means that Britain can once again lead the world in the industries of the future”.

    Key Announcements

    Tax

    Personal:

    • There will be a freeze on both the basic and higher rates of income tax threshold until 2028.

    • The highest rate of tax (45p) will also see its threshold lowered from £150,00 to £125,140. This measure is expected to immediately move 250,000 people into the highest bracket. This constitutes a raise of £1200 for these individuals

    • Income tax personal allowances and the higher rate thresholds will be frozen until April 2028, as opposed to rising with inflation

    • National Insurance and inheritance tax thresholds will also be frozen for a further two years (until April 2028)

    • The allowance for capital gains tax will be lowered significantly, from £12,300 to £6,000 and then down to £3,000 in 2024

    • All three rates of dividends tax (basic, higher and additional) will rise, and the tax-free allowance will be cut in half, down to £1,000 and then further to £500 in April 2023

    • The energy bill cap will rise by £500 in April 2023, setting the new ceiling at £3,000

    • Kwasi Kwarteng’s stamp duty cut will remain in place, but only until 2025, when a rise is expected

    Business

    • The energy company windfall tax (Energy Profits Levy) has been extended until 2028, with a 10% rise (from 25% to 35%)

    • A temporary 45% tax will be levied on all companies that generate electricity. This will come into effect January 2023

    • Councils will be permitted to raise taxes by up to 5% without the need for a local referendum

    • The main rate of Corporation Tax will increase to 25% from April 2023

    • Implementation of the OECD Pillar 2 rules, to deliver a global minimum corporate tax rate of 15%.

    Spend

    International

    • Whilst defence spending will be reviewed, there was no announced rise in defence spending. It will stay at 2% of this statement period.

    • Aid spending will also not return to the previous 0.7% levels, remaining at 0.5% for the next 5 years

    Public Sector and Infrastructure

    • £8bn will be given to the NHS and social care sectors. The NHS will receive at least £3.3bn this year and the next as part of this, whilst social care will receive £1bn this year and £1.7bn the following

    • The education sector will be allocated £2.3bn per year for the next two years

    • Projects such as the Sizewell C nuclear power plant, HS2, Northern Powerhouse Rail, East West Rail, and gigabit broadband will also be funded

    Regional and Devolved Funding

    • Additional Levelling Up funding was confirmed, with at least £1.7bn to be allocated by the end of this year

    • The devolved administrations will receive additional funding, with £1.5bn allocated to Scotland, £1.2bn to Wales and £650mn to Northern Ireland over 2023-2024 and 2024-2025

    Compassion

    • The pension ‘triple lock’ will be protected

    • Working age benefits will increase by 10.1%

    • The national living wage will rise to £10.42 an hour

    • The government will issue further cost-of-living support payments, including a means-tested £900, £300 for pensioners and a £150 disability cost of living payment in April 2023

    Full transcript available here

  • PPA calls on Government to prevent Royal Mail abandoning Saturday letter deliveries

    PPA calls on Government to prevent Royal Mail abandoning Saturday letter deliveries

    The Professional Publishers Association (PPA) is calling on government to refuse Royal Mail’s plans to stop Saturday letter deliveries. The postal company has today announced it has approached government to seek an ‘early’ move to five day letter delivery.

    This move will seriously impact long-established weekly magazine titles, making it difficult to operate effectively without a Saturday delivery. Many time-sensitive titles are mailed to land on a Friday or Saturday, and already have to build in an extra day due to Royal Mail processing delays.

    Publishers have previously stated that this could even lead to the closure of UK print editions and result in multi-million pound losses due to cancelled subscriptions and reduced advertising revenues.

    Changing the Universal Service Obligation (USO) would also have a considerable detrimental impact on publication printing schedules. A reduction in available capacity would cause printing costs to rise and result in bottle necks and scheduling gaps negatively affecting print companies’ profitability, damaging both publishers and the wider supply chain.

    The move to a special delivery service on Saturdays will also have a profound impact on deliveries of non-USO mail. Whilst publishers may use Royal Mail’s Publishing Mail product or Wholesale Access (mailing products using other postal services), they are still reliant on Royal Mail operatives in the ‘final mile’ to deliver on Saturdays.

    65% of mail in the UK uses Royal Mail’s Wholesale Access services. This includes magazines, bank statements, letters from HMRC, important mail from hospitals and doctor’s surgeries, court documents, and a range of other highly time-sensitive information.

    Sajeeda Merali, CEO, PPA commented: “The PPA calls on government to block this move to diminish the USO, which will threaten the sustainability of print titles. Time-sensitive titles will be delayed and face significant losses, whilst the entire industry will be impacted by a reduction in print capacity and higher costs. We strongly urge Royal Mail to reconsider its decision: it is quite clear that financial sustainability can be achieved without the degradation of core, legally mandated services. We will work with our members, government, and Royal Mail to ensure that consumers’ access to time-sensitive information is maintained”.

  • Sir Bill Jeffrey to conduct external review of IPSO

    Sir Bill Jeffrey to conduct external review of IPSO

    The former civil servant’s external review, which will be conducted independently of IPSO, will report on how effectively the organisation is fulfilling its role as regulator of the UK newspaper and magazine industries. It will examine whether IPSO has been faithful to its publicly stated principles and values and consider how IPSO regulation has adapted to changes in its external environment. It will consider how IPSO should prepare for the future and consider the resources needed to achieve its objectives and making recommendations where appropriate.

    Sir Bill is inviting submissions from relevant stakeholders, but also very much welcomes comments and views from anyone who has knowledge of IPSO and its work.

    A dedicated website, independent of IPSO, with a dedicated questionnaire or an email address to which submissions may be sent is available at: www.ipsoexternalreview.co.uk. Submissions are welcome until the end of November.

    The PPA would encourage all IPSO members within our membership to engage with the Review, as evidence from those with a close working knowledge of IPSO and its work will be extremely valuable.

  • Online Safety Bill to return without ‘legal but harmful’ content protections

    Online Safety Bill to return without ‘legal but harmful’ content protections

    Under the original plans, Category 1 services (larger user-to-user services such as Twitter and Facebook) would have to set out in their terms and conditions how they would deal with ‘legal but harmful’ content appearing on their platforms. The removal of this content category will leave illegal content and content that is harmful to children as the Bill’s key focuses.

    Elon Musk’s takeover of Twitter has brought tensions between free speech and platform regulation into focus. Musk tweeted “the bird is freed” following his acquisition, with EU Commissioner Thierry Breton responding: “in Europe, the bird will fly by our rules”.

    PPA continues to hold concerns that independently regulated specialist publishers are not given equal protections to those of current affairs-focused titles. “Recognised news publishers” will now be given stronger protections than a more general (and ill-defined) category of journalistic content, making it all the more critical that specialist titles that adhere to the same journalistic standards as newspapers are given equal protection. Our position was echoed by the Joint Committee which scrutinised the draft Bill, and senior SNP and Labour MPs put forward amendments to rectify the oversight in the Public Bill Committee.

    We will continue to work with Government and legislators to ensure that UK citizens are not denied access to quality journalism from PPA members.

  • New Minister to lead on Online Harms and Digital Markets

    New Minister to lead on Online Harms and Digital Markets

    The PPA met the Minister in his former role at the Department for Business, Energy, and Industrial Strategy, where he also held responsibility for elements of the legislation that will empower the Digital Markets Unit. He also oversaw postal regulation in the UK, and answered questions posed by Helen Hayes MP on the impact of poor Royal Mail delivery on a publisher in her constituency.

    The Minister’s responsibilities mean he will play a key role in creating a sustainable environment for specialist media businesses and the wider press and media sectors. The Conservative politician is a strong euro-sceptic, supporting the Leave Means Leave campaign group. He was elected to the Commons in 2015, representing the constituency of Sutton and Cheam.