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SEC Investigates Netflix CEO Reed Hastings Over Facebook Posting

alexander_686 writes "The SEC is investigating Netflix CEO Reed Hastings over one of his Facebook postings. The agency is questioning his July 1 Facebook posting, seen by 200,000 followers, in which he said customers watched 'over 1 billion hours' of videos on Netflix in June. He had previously posted on his company blog that members were viewing 'nearly a billion hours per month.' From the article: '“We think the fact of 1 billion hours of viewing in June was not ‘material’ to investors, and we had blogged a few weeks before that we were serving nearly 1 billion hours per month,” Hastings said in the filing today. “We remain optimistic this can be cleared up quickly through the SEC’s review process.”'"

12 of 190 comments (clear)

  1. Wow, such a minor quibble too. by ZorinLynx · · Score: 4, Insightful

    I'm surprised something this innocuous can anger the SEC. Wow, they're a lot stricter than I thought!

    Does everything a company or company offer say have to be heavily vetted by a legal team before it can go out?

    1. Re:Wow, such a minor quibble too. by Anonymous Coward · · Score: 4, Insightful

      Yes.

    2. Re:Wow, such a minor quibble too. by AK+Marc · · Score: 5, Insightful

      A company can not release material that may affect investors unless that release is public. I guess the SEC is asserting that posting it on facebook, where "friends" get it, but the rest of the public doesn't get it pushed to them, even if it is viewable, is a breach of insider trading rules. His "friends" get valuable insider information before everyone else.

    3. Re:Wow, such a minor quibble too. by Sir_Sri · · Score: 4, Insightful

      I'm surprised that Slashdot is bothering with this.

      I'm not. It hits on a couple of important areas for slashdot readers. The reach of the SEC into social networking, most especially if they consider this to have been 'material information' given away privately that could lead to insider trading, and because it effects someone at a well known tech company saying something a lot of us could know or talk about. If you were a network admin at netflix and posted on your facebook page that you just served your first billion views month bragging about the professional accomplishment would you be in SEC trouble (and would your employer?).

      As TFA points out, disclosing to 200k people should maybe count as a press release (especially if anyone can see the page), but uh... it might not. The law and common sense don't always align and it would be problematic to find out the hard way that this was in someway unlawful. I don't work for any traded companies, but I could envision a situation where someone could disclose to their friends work related successes that count as material investor information, and that could cause trouble. A lot of it.

  2. Re:who cares? by ZorinLynx · · Score: 4, Funny

    Holy shit man, 4 pizzas? No wonder we are obese as a nation.

  3. Re:What? by laffer1 · · Score: 5, Informative

    Because analysts see stuff like this and make assumptions about the number of customers, costs in terms of bandwidth and licensing, etc. that feed into the stock price. If a CEO makes a claim like this, it has all sorts of repercussions on how wall street views the stock and what it's worth.

    Think of it this way, if I say AMD processors are awesome it's not a big deal. If the CEO of Dell says it, it might indicate a shift to more AMD units which in turn could affect the ability of Dell to sell X computers as some customers don't like AMD, costs they may face, redesigns of products (new motherboards or whatever), customer perception, etc. Investors read into all sorts of things.

  4. Re:What? by cdrudge · · Score: 5, Informative

    Regulation Fair Disclosure requires that when a company discloses information to investors, that its able reach all investors at the same time. If an investor was not a fan of Netflix, they would not have the opportunity to receive the information.

    This is one of the reasons why companies hold conference calls, issue press releases, etc regarding information pertinent to an investor, so that it's disclosed fairly to everyone.

    The question here is his posting on facebook disclosing a fact that would be material to investors? And does him previously posting about it on a public blog count as previous disclosure. IMHO, much ado about nothing.

  5. They're busy with this... by ZeroSerenity · · Score: 5, Insightful

    ...and the banks are walking? Seriously. Priorities people!

    --
    For those who seek perfection there can be no rest on this side of the grave.
    1. Re:They're busy with this... by future+assassin · · Score: 5, Insightful

      Netflix couldn't afford the gold plated hooker and blow trips for the politicians.

      --
      by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
  6. Re:What? by Missing.Matter · · Score: 4, Insightful

    Maybe that's more a problem with analysts extrapolating incredible conclusions from small isolated bits of data... also known as anecdotes. Anyone basing buying decisions on facebook posts deserves to get burned.... SEC doesn't need to get involved here.

  7. Re:Back of envelope calculations by O('_')O_Bush · · Score: 4, Insightful

    Well, that is per account. My family has four people on one account, making the 1 hr/day average very easy to hit. It might be better to think of it as 30m accounts, 60-120m viewers.

    At that point, eyebrow raising possibilities seem to be unsurprising and mundane.

    --
    while(1) attack(People.Sandy);
  8. Re:What? by Anonymous Coward · · Score: 5, Insightful

    The SEC isn't trying to protect the analysts who have access to the Facebook page. They're trying to protect the rest of the investors who DON'T have an equal opportunity to look at those bits of data. The SEC doesn't care what conclusions people draw from the information--it's just that everyone gets a chance to make their own decisions about such things. If the analysts draw bad conclusions, they will be punished when their share prices drop.

    The real weaknesses in this case would be that the bit of data is not very interesting because a nearly identical bit of data had already been given to the public a few weeks earlier, and that 200,000 people had access to this Facebook page, so it feels more "public" than "private." I would guess that this investigation won't last very long before it's dropped.