It's Time To 'Act': Why TV & Video Need A New Regulatory Framework

LocalProximity
Written By Tim Hanlon

The television and video industry is at a critical juncture. The rapid evolution of digital technologies, the rise of streaming platforms, and the ubiquity of mobile devices have fundamentally transformed how we consume and interact with video content. Yet, our regulatory framework remains stubbornly rooted in the past, ill-equipped to address the complexities of today's digital landscape. 

The Communications Act of 1934 and the Cable Television Consumer Protection and Competition Act of 1992 were groundbreaking pieces of legislation that shaped the broadcast and cable TV industries for decades. However, these laws were crafted for a world that no longer exists. The internet, smartphones, and streaming services have rendered many of their provisions obsolete or ineffective.

Today's video marketplace is a tangled web of traditional broadcasters, cable operators, telecom companies, tech giants, and streaming platforms. The lines between content creators, distributors, and aggregators have blurred beyond recognition. This convergence has created regulatory blind spots and uneven playing fields that threaten competition, innovation, and consumer choice.

Consider the disparities in content regulation. While traditional broadcasters must adhere to strict decency standards and public interest obligations, streaming platforms operate with minimal oversight. This regulatory imbalance not only disadvantages legacy players but also raises concerns about content quality and diversity in the digital realm.

The current framework also fails to adequately address pressing issues like data privacy, algorithmic transparency, and the market power of digital platforms. As streaming services increasingly dominate viewership and shape content production, we need mechanisms to ensure fair competition, protect consumer interests, and preserve the cultural diversity of our media landscape.

Moreover, the global nature of digital platforms challenges the effectiveness of national regulations. A new framework must consider international cooperation and harmonization to effectively govern transnational media corporations.

It's clear that we need a comprehensive overhaul of our video industry regulations – a new "Act" for the digital age. This legislation should:

  • Establish a technology-neutral approach that applies consistent rules across all video delivery platforms, whether traditional broadcast, cable, or internet-based.

  • Address data privacy and algorithmic transparency, ensuring consumers have control over their viewing data and understand how content recommendations are made.

  • Modernize public interest obligations for the digital era, potentially extending some form of these requirements to large streaming platforms.

  • Create mechanisms to promote and preserve local and diverse content in an increasingly globalized media landscape.

  • Develop new antitrust tools to address the unique challenges posed by digital platforms and their network effects.

  • Establish clear guidelines for content moderation and platform liability that balance free speech concerns with the need to combat harmful content.

  • Incorporate flexibility to adapt to future technological changes, avoiding the pitfall of becoming quickly outdated.

  • Foster international cooperation to effectively regulate global media companies and ensure consistent standards across borders.

Critics may argue that heavy-handed regulation could stifle innovation in this dynamic sector. However, a well-crafted framework can actually promote innovation by creating a level playing field and clear rules of engagement. Moreover, the societal importance of video content – its role in shaping public discourse, cultural identity, and democratic processes – necessitates thoughtful oversight.

The task of crafting such legislation is undoubtedly complex. It will require input from industry stakeholders, consumer advocates, technologists, and policymakers. But the alternative – continuing to rely on an outdated regulatory patchwork – is untenable.

As we stand on the cusp of further technological revolutions – the metaverse, advanced AI, and beyond – the need for a forward-looking regulatory framework becomes even more pressing. We must act now to shape the future of our video landscape, ensuring it remains vibrant, competitive, and serves the public interest.

It's time for a new landmark "Act" – one that embraces the realities of our digital world while preserving the core principles that have guided media regulation for decades. The future of our video ecosystem, and the cultural fabric it weaves, depends on it.

Tim Hanlon

Tim Hanlon is the Founder & CEO of the Chicago-based Vertere Group, LLC – a boutique strategic consulting and advisory firm focused on helping today’s most forward-leaning media companies, brands, entrepreneurs, and investors benefit from rapidly changing technological advances in marketing, media and consumer communications.

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