Netflix could remove content for UK viewers amid ‘lack of clarity’ over proposed regulations

Netflix has warned the government that the proposed media law could lead to streaming giants removing content from their catalogs.

The bill aims to put streaming giants under the same Ofcom rules as traditional public service broadcasters to ‘level the playing field’.

Netflix claimed in a letter to ministers that the “lack of clarity” in the proposed legislation could lead to streaming services removing TV shows and movies from their platforms to avoid a “compliance burden”.

The company has called on the government to provide more clarity on regulatory requirements so it doesn’t find itself in a position where scrapping content is more efficient than facing a ‘potential liability’ from Ofcom.

The company reiterated that it currently has no plans to remove any shows or movies from the service in response to the draft media bill.

The bill, which was published online in March, contains several proposals that will affect streaming platforms, including Netflix.

The law requires streaming content to be regulated by Ofcom. Services would also be subject to the same impartiality laws that traditional broadcasters follow.

In the five-page letter, Netflix claimed the bill contains “vague” and “troublesome” requirements regarding “due impartiality.”

The company put forward a slew of hypothetical scenarios, saying that without “more clarity” in the bill, it would “inevitably be easier to pre-emptively remove content from our UK catalog than risk a heavy compliance burden and potential liability.”

Netflix added: “Netflix’s range and variety of content, widely regarded as a strength of our offering in terms of maximum choice for UK viewers, could equally become a potential source of risk from a consumer’s point of view. compliance if it would fall within Ofcom’s remit.

The reference in the legislation to “current public policy” and “political or industrial controversy” – concepts that are, by definition, highly time-sensitive – raises the possibility that Netflix may need to continually review its content library, purge titles regularly, to ensure consistent with any controversies or policies considered current, regardless of the context at the time the title was first made available.

‘In times of elections and referenda, that becomes even more complicated.’

It’s not clear which shows like Netflix could be dropped, as there are no formal plans to remove anything at this time.

However, it is believed that the platform’s popular titles such as Stranger Things and Wednesday are not at risk for “due impartiality.”

Netflix has submitted the letter as written evidence to the CMS Select Committee at their request, claiming it is not the only company doing so.

Ofcom does not currently regulate Netflix, but under the proposed legislation it could investigate Netflix, Amazon Prime and other services for breaches of a new code of conduct and impose fines of up to £250,000.