BBC Executive response to Trust’s draft syndication policy This note sets out the BBC’s Executive response to the Trust’s draft policy statement on the syndication of BBC on-demand content. The Executive’s overall position on the syndication of BBC on-demand content across multiple platforms is set out in its response to the Trust’s PVT provisional conclusions. This note comments in detail on the various sections of the Trust’s draft policy and, where appropriate, suggests revisions to the drafting. Section 2: Scope The Trust’s syndication policy should cover on-demand content that is permitted under the Service Licences for all the BBC’s UK public services (e.g. full programmes and short-form content/edited clips). This is necessary to provide clarity as to the terms on which BBC on-demand content should be syndicated. As highlighted in para 16 of the Trust’s draft policy, the Executive will make provision for different approaches to syndication in its Guidelines, including ‘rich linking’ and hosting of BBC content by third party platforms. Para 6: The word ‘broadcast’ should be replaced by the platform-neutral ‘made available’. Section 3: Relevant Considerations The ‘considerations’ and ‘key principles’ that the Trust’s policy sets out are sensible and consistent with the Trust’s draft statements of policy on fair trading and competitive impact. Section 4: Key Principles Para 15 (d): With respect to ‘rich linking’ on the internet, in some instances the BBC’s content could be viewable from outside the UK even though it is part of third parties’ localised content offerings. It would, therefore, be more accurate to include a definition of 'primarily targeted at audiences within the UK’. This would be consistent with the position in relation to the BBC’s online service, bbc.co.uk. Para 16: It is important to note that, given the nature of the internet, ‘linking’ to BBC online services is currently widespread and can happen without the BBC’s prior knowledge or consent. This activity needs to be distinguished from ‘rich linking’ which involves the BBC making available short-form content and associated metadata to 3rd party operators which link the user back to the BBC iPlayer. ‘Rich linking’ forms a key part of the BBC Executive’s on-demand strategy. It is proposed that the Executive’s Guidelines cover the latter but not the former. Section 5: Process for New Syndication Arrangements Para 17-22: The provision that future syndication deals would not normally require prior approval from the Trust - if the terms comply with the syndication policy - is clearly the correct approach. While the Executive is required to notify the Trust of new deals that could constitute a significant change to the UK public services, we would hope that approval is only required on an exceptional basis, for the following reasons:
the Trust’s PVT decision is clear that widespread syndication of BBC content, on appropriate terms, is desirable from both a public value and market impact perspective it is likely that the BBC Executive will enter into a number of deals in this fastdeveloping market and delay could detract substantially from public value the revised Service Licences for the BBC’s TV and radio channels permit the provision of on-demand content on fixed and mobile internet protocol networks, and other platforms Paras 19, 20 & 23: While it is possible that the cumulative effect of a number of syndication deals could be ‘significant’, this will often be difficult to assess in practice, particularly if the deals occurred over a period of time. The Trust’s power to require the BBC Executive to suspend or cancel future deals should not extend to ‘a collection of content syndication arrangements’ as stated in para 23, but only to the incremental deal that means the collective is judged to constitute a significant change to the BBC’s UK public services. As drafted, the Trust’s syndication policy risks creating a significant degree of uncertainty for third parties wishing to enter syndication deals with the BBC. This could act as a barrier to future deals and/or affect commercial negotiations. Additional Issues In addition to the specific comments on the various sections of the Trusts draft policy, the Executive would make the following points: For clarity, the references to “Guidelines” in paras 16, 25 and 26 should be expanded to “on-demand syndication guidelines” to make it clear what Guidelines they are referring to. For clarity, the Trust’s policy should set out a clear, workable definition of ‘syndication’ that covers both short-form content and full programmes. The policy should also define ‘syndication arrangement’.