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File photo of the Netflix headquarters in Los Gatos, California. Marcio Jose Sanchez/AP

Netflix faces US penalty for CEO Facebook comments

Hastings posted a comments that said customers were spending around a billion hours per month watching Netflix

ONLINE VIDEO GIANT Netflix said it faces a possible penalty from US regulators for comments made by its top executive on his Facebook account about subscriber activity.

The company made the disclosure in a regulatory filing as well as in another Facebook posting by CEO Reed Hastings.

The company said it received a “Wells Notice” from the SEC which means that some enforcement action is likely to be taken.

The civil action is possible because of Facebook postings by Hastings, which stated that its customers were spending around a billion hours per month watching Netflix.

Under SEC rules, any information important to shareholders should be disclosed publicly in a regulatory filing known as an 8K form.

“SEC staff informed us yesterday that they are recommending that the SEC bring a civil action against us for my July, one billion hour public post, asserting we violated ‘Reg FD,’” the CEO said.

“This rule is designed to ensure that individual investors have equal access to information as large institutional investors, by prohibiting selective disclosure of material information.”

Nonetheless, Hastings called this a “fascinating social media story” and defended his actions.

“We think posting to over 200,000 people is very public, especially because many of my subscribers are reporters and bloggers,” he said on Facebook.

“We don’t currently use Facebook and other social media to get material information to investors; we usually get that information out in our extensive investor letters, press releases and SEC filings. We think the fact of one billion hours of viewing in June was not ‘material’ to investors.”

Hastings said he was “optimistic this can be cleared up quickly through the SEC’s review process.”

- (c) AFP 2012.

Read: Netflix to add RTÉ series to online catalogue this weekend>

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    Mute Bluechip78
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    Jun 25th 2019, 6:54 AM

    I’m all for Body cameras, CCTV, ANPR etc where there is sufficient audit ability and with 2 conditions

    1) In any criminal proceedings the defence has a full right to unedited footage.

    2) Misuse of the system will result in both personal and state liability

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    Mute The Great Unwashed
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    Jun 25th 2019, 7:21 AM

    @Bluechip78:
    What kind of misuse are you talking about?

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    Mute Daniel Bohan
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    Jun 25th 2019, 7:35 AM

    @The Great Unwashed: I would guess they are talking about cases where the bodycams are disabled on purpose..which has just been made a felony in USA as far as I know

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    Mute Nuffsaid Thatsall
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    Jun 25th 2019, 7:42 AM

    @Bluechip78: @The Great Unwashed: Looks like your comment is a thinly veiled dig at the Gardaí from what I can see! Which is strange when you consider Gardaí themselves want the rollout of BodyCams to give greater protection and support to their members! Its generally found that with the introduction & use of Body Cameras to any particular Law-Enforcement Branch that Convictions increase, specifically early guilty plea based convictions! Also a common trend to see a reduction in the number of complaints against members of Law Enforcement or at the very least complaints tend be cleared quicker when there is BodyCam footage to view! The more pertient question is will those found to be making vexatious complaints against Gardaí be Criminally prosecuted after it’s easily proven what they did!?

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    Mute The Great Unwashed
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    Jun 25th 2019, 8:05 AM

    @Nuffsaid Thatsall:
    Totally agree – not sure why you’re including me in that, it was just a genuine query about how they could be misused.

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    Mute Paul Whitehead
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    Jun 25th 2019, 10:23 AM

    @The Great Unwashed: turning them off- putting chewing gum on lense.

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    Mute Bluechip78
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    Jun 25th 2019, 10:24 AM

    @Nuffsaid Thatsall: Then you’re misreading my comment, I have the utmost respect for the Gardaí and the work they do.

    All I’m saying is that we need fairness and accountability.

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    Mute Paul Whitehead
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    Jun 25th 2019, 10:27 AM

    @Nuffsaid Thatsall: thinly veiled dig? Or just an apt observation on misuse in other jurisdictions. 99% of Gardai, the overwhelmingly hard-working and conscientious members, will welcome them.

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    Mute Anthony
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    Jun 25th 2019, 11:14 AM

    @Bluechip78: well number 1 will ever happen fora start. If a guard has it on for the duration of their shift then the defence will understandably only have access to the part relevant to their client which would more likely be only a small portion of the overall footage for that day

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    Mute Michael Mulcahy
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    Jun 25th 2019, 6:21 AM

    All they ll have to do now is find the Garda to put them on cause they sure as hell arnt there when u need them.

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    Mute SFNutters
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    Jun 25th 2019, 8:20 AM

    @Michael Mulcahy: won’t matter…they will buy the cheapest oil shyte (like the Hyundai cars..outdated IT..outdated uniform) and the images will be rubbish.

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    Mute Tim Oleary
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    Jun 25th 2019, 11:58 AM

    @Michael Mulcahy: what’s the agenda here? The Guards do a good job.

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    Mute Tim Oleary
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    Jun 25th 2019, 11:59 AM

    @Michael Mulcahy: what’s the agenda? The Guards are excellent.

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    Mute Tim Oleary
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    Jun 25th 2019, 12:14 PM

    @Michael Mulcahy: Support the guards, they do a good job. Don’t be negative.

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    Mute Ronan McDermott
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    Jun 25th 2019, 7:43 AM

    Good idea. No doubt there’ll be more YouTube videos titled “Garda brutality” after this. But the clips will be just the same as is now….. not a single upload actually shows anything untoward

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    Mute Ger
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    Jun 25th 2019, 9:24 AM

    @Ronan McDermott: the only way that the videos would make their way into the public domain would be if the guards put them there themselves.

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    Mute Nigel Mcatamney
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    Jun 25th 2019, 8:24 AM

    All for it…. So long as my right to film these Garda in their public duty, remains as intact as theirs.

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    Mute Boyne Sharky
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    Jun 25th 2019, 7:11 AM

    They mentioned body cameras and tasers but went with the cameras. With all the feuds up and down the country it’s getting to the stage that we’ll have to arm the gardaí with pistols, shotguns, grenades, bazooka’s, Robocop…

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    Mute Ian Breathnach
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    Jun 25th 2019, 8:02 AM

    @Boyne Sharky: bodycams are cheaper than tazers, its that simple

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    Mute Anthony
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    Jun 25th 2019, 11:18 AM

    @Boyne Sharky: nah they won’t arm them with tasers. Guards getting assaulted isn’t enough. The attitude out there is they knew what they were signing up for. U can see it in the comment sections here regularly. The only way it will happen is if god forbid more guards are killed on the job.

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    Mute Paul Fogarty
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    Jun 25th 2019, 8:25 AM

    I totally agree with body cams for guards, if it’s stops a small amount of their corruption its well worth it.

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    Mute Roy O'Rourke
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    Jun 25th 2019, 7:21 AM

    That’ll scare the living jaysus out of the criminal fraternity

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    Mute Ger
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    Jun 25th 2019, 9:26 AM

    Body cams make total sense. It provides protection to both the guard and the person on the other side of the camera if anything untoward happens.

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    Mute Jesse James
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    Jun 25th 2019, 9:17 AM

    Its about time the Gardai were given the proper training & equipment to deal with modern day policing. Those who complain about the use of Body Cams, ANPR, etc are the ones with something to hide.

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    Mute Larry Roe
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    Jun 25th 2019, 7:23 AM

    And tazers

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    Mute Juan Fangio
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    Jun 25th 2019, 7:48 AM

    @Larry Roe: It makes no sense to me why Gardai don’t have tazers.

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    Mute Damokkles
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    Jun 25th 2019, 11:35 AM

    It’s about time, at least now we will be able to get both side of a story rather than only the one from people holding their phones :D

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    Mute Dara O'Brien
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    Jun 25th 2019, 7:11 AM

    Good, might get some better quality homemade porno stuff next time yer wan comes to visit

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    Mute Marty
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    Jun 25th 2019, 11:45 AM

    I would be happy to see this introduced because gardai are constantly abusing there power

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    Mute Seaniecp
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    Jun 25th 2019, 12:49 PM

    @Marty: i presume with that statement you have a full understanding of all the relevant Garda powers.

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    Mute Daniel Dudek Corrigan
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    Jun 25th 2019, 12:06 PM

    Ah yes. Can’t wait. “footage was misplaced”, “bodycam wasn’t operational at the time”…

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    Mute Life is short enjoy it
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    Jun 25th 2019, 7:43 AM

    We should have none watched CCTV every where , you become a victim of crime you have 90days to report it online or at a local crime report office.

    With the date and time given they would search and see if your story checks out, then with the CCTV they can track the criminal/s leading to an arrest.

    In high crime areas there would be watched live CCTV this control room would be supported by ground officers patrolling the area.

    Old phone boxes could become a safe zone where you could lock your self in and contact the grada for help.

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    Mute Michael Kavanagh
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    Jun 25th 2019, 9:07 AM

    @Life is short enjoy it:
    Good luck finding a phone box!

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    Mute Moorooka Mick
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    Jun 25th 2019, 10:19 AM

    This is OK provided that members of the public are allowed to use body cameras while being interviewed by Gardai.

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    Mute Paul
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    Jun 25th 2019, 10:23 AM

    @Moorooka Mick: interviewed? Interviews are already recorded.

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    Mute Dominic Leleu
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    Jun 25th 2019, 9:38 AM

    Yes but if the cops are not willing to come and investigate fearing racism in the first place ..bump.. Can we also wear them ?

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    Mute Tim Oleary
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    Jun 25th 2019, 2:51 PM

    Talking privately to a guard with a camera could well hinder the good relations that now exist with public. It looks invasive. Should be explained for clarity.

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    Mute Moorooka Mick
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    Jun 25th 2019, 1:25 PM
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    Mute Gus Sheridan
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    Jun 25th 2019, 7:13 PM

    About time, why do they drag their feet on important items like this. Every Garda should be armed with a Tazer too.

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    Mute Michael Maher
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    Jun 25th 2019, 10:07 PM

    Robots, Soon it will be all robots

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    Mute Padraic O Sullivan
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    Jun 25th 2019, 6:21 PM

    If there is a no deal Brexit there will be 50k lost jobs and greater strain on public services and allowances. Greater oversight and policing needed including cameras for guards. This will be cheaper than investing in youth reach and ‘rehabilitation’ programs. The legal class are in for a wind fall.

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