Slingshot walks the legal tightrope by giving Kiwis access to Netflix

  • Online
  • July 4, 2014
  • Damien Venuto
Slingshot walks the legal tightrope by giving Kiwis access to Netflix

This morning, yet another bombshell hit the SVOD space with the announcement that Slingshot had introduced its global mode, which will give Kiwi subscribers access to services such as Netflix, Hulu, Amazon Prime, BBC iPlayer.

This announcement comes only a week after Telecom launched its SVOD service called Lightbox and two weeks after Sky sent out a release saying that it was planning to launch a similar service in the near future.

Global Mode masks the IP addresses of Slingshot users to make it seem like it's coming from the UK or US, which means they can access geolocked content. 

The main area of contention surrounding Slingshot's move is that it effectively gives Kiwis subscribers backdoor access to foreign-based programmes. So while the likes of Sky, Lightbox and Quickflix have to pay for regional SVOD broadcasting rights to host the programmes, Slingshot has not entered into any comparable agreements with content owners.

In September last year, when Slingshot first announced its plans to introduce global mode, AJ Park partner and IP law specialist Matt Adams told StopPress that this move could see the internet service provider in the line of fire from major copyright holders in the US and UK.

Despite stepping on the toes of copyright holders, Slingshot general manager Taryn Hamilton says that the service could potentially reduce the extent of illegal downloads in New Zealand.

“We know that people would prefer to pay a reasonable price for the content they want to watch rather than pirating it," he says. "It’s time the content providers and rights holders got their act together and offered Kiwis the same content – for the same price – that people in other parts of the world have access to. Until they do, people will need to use a service like Global Mode to pay for top-quality online content, or continue to steal it."

Hamilton also says that he thinks it unlikely that any international copyright holders would take legal action against Slingshot.

"It would be a terrible look for these companies to take action as they would be punishing New Zealanders that legitimately want to pay to consume their service. The alternative in many cases at the moment is to steal it, which is the worst case scenario for all involved. What would their message be? That they don’t want Kiwis to consume content at a fair price? That they want to be able to charge significantly more than they charge others around the world? Or is it that they’re just not bothered to accommodate our small island in the South Pacific?"

As things stand at the moment, Slingshot finds itself in a grey legal area in that while New Zealand's Copyright Act of 1994 prohibits circumventing technical protection measures (TPM) placed on a piece of copyrighted content, it does not count processes stopping the playback of content in New Zealand as a TPM.

And although Hamilton is correct in saying that Slingshot "is not circumventing any Acts", the law is subject to change.    

Adams believes that the legal uncertainty involving the SVOD space could well be clarified later this year the in courtroom, as one of the interested parties—most likely Netflix, iTunes or content creators—litigate against Slingshot.

Earlier today, Sky's chief executive John Fellet told the Herald that he did not think companies such as Netflix would welcome this move, given that they are negotiating rights to set up shop on both sides of the ditch.    

"I don't think they would be keen on paying for New Zealand rights only to see them undermined by people accessing the US," he was quoted as saying in the article.

But given that Netflix stands to make additional subscription fees from New Zealanders without having to purchase the regional rights to operate in the country, it is unlikely that the SVOD provider is going to be averse to Slingshot's new policy.

Slingshot has not yet launched a nationwide ad campaign for global mode, but it is currently running in-flight promotional material to let expats know that they can still access international content while staying in New Zealand.

In addition to this flight-based campaign, the internet service provider has also launched a Kiwi-targeted campaign that marks a significant change in direction from its previous advertising efforts.

"We just felt we needed to freshen up our look and feel somewhat but the most important aspect of it is that we wanted to get the message out there that Slingshot delivers great service," says Hamilton. "Slingshot has the best customer sat scores out of any of the big ISPs in New Zealand, but this is not recognised enough among the general population. People have long memories and Slingshot did go through a period years ago where we under-invested in service in order to lead on price. We’re in a position now where the business is well equipped to do both ... [and] we thought using images of our customers (and staff) was a nice way to communicate this message and the creative execution is modern and relevant."

The introduction of global mode comes at a busy time for Slingshot, in the sense that the internet service provider was recently involved in a takeover. On 20 June, following several months of speculation, Callplus—the parent company of Slingshot—announced that it had bought Orcon. 

Despite the the change of ownership, Hamilton says that the advertising account holders have not been changed.

"Slingshot advertising is managed by Mr Smith. Media by MBMWe have no plans at this stage to consolidate any Orcon accounts. They are continuing to run as a standalone business."

Orcon's most recent campaigns have been executed by Contagion.

This is a community discussion forum. Comment is free but please respect our rules:

  1. Don’t be abusive or use sweary type words
  2. Don’t break the law: libel, slander and defamatory comments are forbidden
  3. Don’t resort to name-calling, mean-spiritedness, or slagging off
  4. Don’t pretend to be someone else.

If we find you doing these things, your comments will be edited without recourse and you may be asked to go away and reconsider your actions.
We respect the right to free speech and anonymous comments. Don’t abuse the privilege.

Non-commercial radio survey: RNZ remains strong, RNZ National regains top station spot

  • Media
  • September 19, 2019
  • StopPress Team
Non-commercial radio survey: RNZ remains strong, RNZ National regains top station spot

The third nationwide GfK radio industry survey for 2019 shows Radio New Zealand audience numbers remain strong – with 669,600 New Zealanders (10+) tuned in to RNZ National and RNZ Concert each week.

Read more

CampaignLab launches in New Zealand

  • Media
  • September 19, 2019
  • StopPress Team
CampaignLab launches in New Zealand
Sophia Berry-Smith

Sydney-based PR and brand engagement agency CampaignLab has announced it has made the leap across the ditch, launching the business in New Zealand. Sophia Berry-Smith, who joins from her previous role as head of communications at Stuff, has been named CampaignLab’s first appointment in New Zealand. She will lead key accounts in-market, while helping establish and grow the brand locally.

Read more

WPP AUNZ merges PPR with BCW

  • Advertising
  • September 19, 2019
  • StopPress Team
WPP AUNZ merges PPR with BCW
Pamela Klioufis

WPP AUNZ has merged PR agency PPR with global communications agency ​BCW (Burson Cohn & Wolfe). The newly merged business will be led by Pamela Klioufis, managing director of BCW’s Australian business.

Read more
topics
Story IQ
Story IQ
Story IQ is a brand story consultancy. We help brands uncover the hidden, untold stories ...
Up-and-Comers
Up-and-Comers
We give the mic to the industry's future leaders to hear their thoughts on media, ...
Insight Creative
Insight Creative
Insight Creative specialises in shaping business stories out the core insights that often lie under ...
The Stoppies 2018
The Stoppies 2018
In February (Valentine's Day to be exact), StopPress gathered the industry for an evening of ...
Follow The Money
Follow The Money
Follow the money. It’s an axiom that journalists have believed in for years and a ...
Regional Rundown
Regional Rundown
StopPress takes a trip down the country to see who the audiences and agencies are ...
Beyond the Page 2018
Beyond the Page 2018
In conjunction with the MPA, the Beyond the Page series shows how some of the ...
Beneath the Surface
Beneath the Surface
In this series, brought to you by Microsoft, we talk to a conceptual photographer, illustrator ...
20/20 (tele)vision
20/20 (tele)vision
Media consumption is changing. But by how much?
The Hot List
The Hot List
Our rundown of the hottest shows, brands and creators in New Zealand media. 1. magazine ...
Cannes Lions 2017
Cannes Lions 2017
All the winners, the shortlists and the drama from this year's edition of advertising biggest ...
Merger Mania
Merger Mania
All our stories on the nation's two failed mergers in one place
Bauer Beyond the Page
Bauer Beyond the Page
When it comes to creating branded content, there are few better in the Kiwi market ...
The Indies
The Indies
Over the course of this series of articles, we look at how always-nimble indy agencies ...
AdRoll on automation
AdRoll on automation
Marketing automation is tipped to eventually become the only way advertising is traded in the ...
Game Changers
Game Changers
It’s all about PEOPLE. Join us as we discuss global insights, ideas and innovations from ...
TVNZ-NZ Marketing Awards 2015
TVNZ-NZ Marketing Awards 2015
Celebrating all the winners of the 2015 TVNZ-NZ Marketing Awards.
Future Tense
Future Tense
In a new series, StopPress talks to a range of newsmakers currently trying to shine ...
Beyond the Page
Beyond the Page
In conjunction with the MPA, the Beyond the Page series shows how some of the ...
Up Country
Up Country
In conjunction with News Works, the Up Country series talks with some of New Zealand's ...
Sounding off
Sounding off
As part of a content partnership with MediaWorks, we've asked a few of the company's ...
StopPress Podcasts
StopPress Podcasts
We sit down for a chat with industry leaders to find out what they're up ...

Facebook announces raft of changes, some prompted by the Christchurch Call

  • Media
  • September 18, 2019
  • Radio New Zealand
Facebook announces raft of changes, some prompted by the Christchurch Call
Photo: Unsplash / Kon

Anyone in New Zealand who looks at extremist content on Facebook will in the future be directed to websites helping people to leave hate groups.

Read more
Build on the basics: translating great ideas into effective digital billboards
Sponsored content

Build on the basics: translating great ideas into effective digital billboards

Lumo gives a few design tips and tech-led techniques for creatives on how to stand out, increase engagement and communicate brand values when using digital out-of-home.

voices

Social scoreboard

Zavy and StopPress have worked together to create a scoreboard that compares how the top 25 traditional media advertising spenders in New Zealand have performed on social media over the past 30 days, updated in real time.

Safety First: where are advertising dollars going – part one
news

Safety First: where are advertising dollars going – part one

Following the Christchurch terror attack on 15 March, the Association of New Zealand Publishers and the Commercial Communications Council called on the advertising and media industry to think about where advertising dollars were going, and to put pressure on Facebook regarding its live-streaming capabilities. With the heat on social media platforms, Georgina Harris spoke with local media organisations about moves taken in light of the tragedy, how they ensure a safe environment for advertisers, and how they are tackling the changing industry head-on.

Gallery: talented TVNZ-NZ Marketing Awards winners

  • Gallery
  • September 17, 2019
  • StopPress Team
Gallery: talented TVNZ-NZ Marketing Awards winners

Last week, DB Breweries was crowned the Supreme Award winners of the TVNZ-NZ Marketing Awards, while Jo Mitchell from McDonald’s New Zealand was celebrating her Marketer of the Year win and Philip Poole was inducted into the Marketing Hall of Fame. Check out all the glorious winners moments here.

Read more

Recharging the batteries: Aaron McMinn on side hustles as an outlet for creativity

  • Advertising
  • September 17, 2019
  • Erin McKenzie
Recharging the batteries: Aaron McMinn on side hustles as an outlet for creativity

Aaron McMinn grew up exploring visual mediums and turned that passion into a job when he entered agency land. Today, he’s a creative director at Wunderman Thompson but not all his creative pursuits are for clients. Some are for himself. Erin McKenzie talks to McMinn about his extra-curricular projects and how they’re benefiting and his client work and agency.

Read more

IABNZ sees consistent growth in advertising revenue for H1

  • Advertising
  • September 17, 2019
  • StopPress Team
IABNZ sees consistent growth in advertising revenue for H1

IABNZ has released its H1 results, posting an advertising revenue growth of almost 13 percent. This growth is consistent with the second quarter of this year and the same time in 2018, reaching the same 12.7 percent in advertising revenue for the year-on-year basis.

Read more

Ads of the week: 17 September

  • TVC of the week
  • September 17, 2019
  • StopPress Team
Ads of the week: 17 September

Snaps all around for Powershop, Vodafone and Warmer Kiwi Homes.

Read more
An independent spirit: Time Out Bookstore on community, loyalty and cats
features

An independent spirit: Time Out Bookstore on community, loyalty and cats

Time Out Bookstore’s manager Jenna Todd was a speaker at the Magazine Publishers Association’s 2019 magazine conference ‘Thinking Forward’ held in July. StopPress visited Todd at the store and discussed similarities between independent bookstores and magazines, engaging with the local community and selling socks.

Andrew Reinholds joins Stanley St as head of media

  • Media
  • September 17, 2019
  • StopPress Team
Andrew Reinholds joins Stanley St as head of media

Stanley St has welcomed Andrew Reinholds to its senior leadership team as head of media. In the role, Reinholds will be building on an already enviable media offering, honed by former incumbent Rachel Cormack.

Read more

How is this still a thing? The simple excitement of inflatable advertising

  • Advertising
  • September 16, 2019
  • Courtney Devereux
How is this still a thing? The simple excitement of inflatable advertising

Our advertising landscape continues to rotate around the growth of digital and how digital can be used to further capture the attention of viewers. Yet there is one type of adverting so simple, so primal, so no-nonsense that even in this computer-run society it has survived. We’re talking here about inflatable, or balloon, advertising.

Read more

Powershop personifies power in a romantic campaign

  • Advertising
  • September 16, 2019
  • StopPress Team
Powershop personifies power in a romantic campaign

In a new brand campaign, by EightyOne, Powershop is shining a light on the relationship consumers have with their electricity through a young woman and a big pink blob.

Read more

Vodafone welcomes 5G with a surprising emotional rollercoaster

  • Advertising
  • September 16, 2019
  • StopPress Team
Vodafone welcomes 5G with a surprising emotional rollercoaster

Get out the tissues. Vodafone is celebrating the possibilities of 5G in a beautiful campaign by DDB dubbed ‘Huxley’.

Read more
Next page
Results for
Topics
Jobs
About

StopPress provides essential industry news and intelligence, updated daily. And the digital newsletter delivers the latest news to your inbox twice a week — for free!

©2009–2019 ICG Media. All rights reserved.
Use of this site constitutes acceptance of our Privacy policy.

Advertise

Contact Vernene Medcalf at +64 21 628 200 to advertise in StopPress.

View Media Kit