The Future European Regulation of Internet, TV and Audiovisual Media Services

Transcription

1 The Future European Regulation of Internet, TV and Audiovisual Media Services From linear to non-linear to converged services Associate Professor Dr. Mark D. Cole University of Luxembourg

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3 From TwF to AVMS TwFD of 1989 TwFD of 1997 AVMSD of 2007 AVMSD of 2010 (codified) Corrigendum of 2010

4 Transposition Deadline: 19 December 2009 National execution measures Continuous monitoring by Commission Fact-finding letters by Commission Infringement procedures Application reports and studies Green Paper of April 2013

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6 Scope of application Audiovisual media service [Art. 1 (1) (a)] Cumulative Criteria [cf. recitals 21-29] Service [Art. 56, 57 TFEU] Editorial responsibility Principal purpose: provision of programmes To inform, entertain or educate To the general public By electronic communications networks Linear and non-linear services [Art. 1 (1) (e), (g)] Graduated approach to regulation

7 The linear/ non-linear distinction Linear (broadcasting) [Art. 1 (1) (e)] Simultaneous viewing of programmes Programme schedule Non-linear (on-demand) [Art. 1 (1) (g)] At the moment chosen by user At individual request of user Programme catalogue Graduated Regulation

8 Scope of application Excluded from scope: Principal purpose NOT provision of programmes: Private correspondence ( s), Games of chance, betting, gambling Online games, Search engines, Online versions of newspapers, Radio services/audio transmission Television and television-like services Technology-neutral

9 Transposition in Italy Art. 1 (1) (a) AVMSD Recital 22 AVMSD Art. 2 (1) (a) of the Italian Decree [ ] [ ] Its scope should be limited to services as defined by the TFEU and therefore [ ] should not cover activities which are primarily non economic and which are not in competition with television broadcasting, such as private websites and services consisting of the provision or distribution of audiovisual content generated by private users [ ] on line games and search engines [ ]. Not included in the definition of audiovisual media service are: Services provided in the pursuit of activities which are primarily non economic and which are not in competition with television broadcasting, such as private websites and services consisting of the provision or distribution of audiovisual content generated by private users [...] Examples include: [...] b) on line games; Recital 28 AVMSD The scope of this Directive should not cover electronic versions of newspapers and magazines. c) search engines; d) electronic versions of newspapers and magazines; [...]

10 Is the AVMSD applicable to...

11 Source: C A T C H U P? T V

12 V I D E O P L A T F O R M S? Source:

13 Source: O N L I N E N E W S P A P E R S?

14 Case Sun Video (UK) [1] ATVOD Determination ( ) Sun Video = AVMS Sun Video section = a service in its own right No reference to newspaper offering Form and content = TV programmes Principle purpose = provide TV-like programmes Similar ATVOD Determinations The Sunday Times Video Library (02/2011) The Guardian YouTube Channel (06/2011) The Independent Video (07/2011)

15 Case Sun Video (UK) [2] Ofcom decision ( ) Sun Video AVMS Consider website as a whole Characteristics (principal purpose test) Own homepage Material is catalogued and accessed via separate section Material is presented, styled, marketed as TV channel Significant amount of AV material No (few) access links b/w AV material and other content No (few) content links b/w AV material and other content AV material is most prominent AV material is not integrated in another service

16 Source: O N L I N E N E W S P A P E R S?

17 I N T E R N E T S I T E S? Source:

18 Case Playboy TV (UK) ATVOD Determinations ( ) Demand Adult/Climax 3 Uncut = AVMS Catalogue of on-demand content (grouping, presentation) Comparability test: Other issues: Form and content comparable to adult TV programmes Form and content more explicit but comparable Jurisdiction (editorial responsibility): playboy.com ATVOD Determination + Ofcom Decision Protection of minors (rule 11 ATVOD Guidance) ATVOD Determination + Ofcom Decision + Fine

19 Case Playboy TV (UK) Ofcom Decisions (05/2011) Climax 3 Uncut + Demand Adult = AVMS Comparability test: Form and content is comparable (not identical) to TV programmes Video content = self-contained items with titles Video content = sustained duration Video content arranged in schedules (specific running orders) Video content arranged in channels Title and end sequences Videos belong to series Videos adopt plots Content is comparable to adult sex material (rated 18 or R18) even if stronger or more explicit Climax 3 Uncut no longer operational

20 Connected TV Convergence of services Commission Green Paper ( ) Public Consultation (due ) Level-playing field? Jurisdiction: providers established outside EU? Interoperability + infrastructure Regulatory framework: AVMSD/ECD Media pluralism + freedom Commercial Communication Protection of minors Accessibility of services Source:

21 Thank you! Questions, ideas, suggestions? Ass. Prof. Dr. Mark D. Cole Weicker building, C 205 (+352)