Digital Single Market – EU Commission presents new proposals for audiovisual media and online platforms

The inclusion of online platforms in media and telecommunications regulations remains a central theme of the EU’s Digital Single Market strategy. This is illustrated by the policy proposals put forward by the European Commission on 25 May 2016.

 

1. Revision of the AVMD Directive

As one measure, the European Commission has put forward a new draft update of the Audiovisual Media Services Directive (2010/13/EU) (“AVMD Directive”). The main purpose of this revision is to meet the requirements of the changed media markets. Nowadays viewers no longer use audiovisual media exclusively or primarily in classical, linear TV form; instead, on-demand services (such as Netflix) or video platforms (such as YouTube) are gaining an ever-greater share of the market. This leads on the one hand to questions such as how these platforms can be included in the existing legal environment; on the other, the Commission believes that this changed media landscape also justifies partial deregulation for traditional TV broadcasters.

The key provisions for a revision of the AVMD Directive are:

• Promotion of European works: On-demand platforms are to be obliged to offer a share of at least 20% works originating from Europe in their catalogues. In addition, the Member States will be able to require on-demand platforms to contribute to funding for European works.
• More flexible rules for TV advertising: TV broadcasters will have more freedom to place advertising as they see fit. Although there is still a limit of 20% for advertising between 7.00am and 11.00pm, broadcasters will be free to choose how to use this advertising time.
• Openings for product placement: Product placement has generally been prohibited up to now and was only permitted for certain formats (e.g. cinema films and series). The situation allowing exceptions to the rule is to be reversed, with product placement being generally allowed and only prohibited in certain formats (for example news programmes and children’s programmes). However, viewers will have to be informed about product placement.
• Protection of minors and protection against hate content: Video platforms will also be obliged to protect minors from harmful content (such as pornography and depiction of violence); content inciting hate is to be generally prevented.
• Role of the regulatory authorities: The AVMD Directive is to contain clear specifications regarding the independence of the media regulators in the Member States. At the same time, the national regulators are to be granted new powers, for instance to enforce the rules on protection of young people.

 

2. Additional plans concerning online platforms

Alongside its draft for the AVMD Directive, the Commission has announced key points for extending the legal environment for online platforms.

The European Commission has presented a Staff Working Document on the role of online platforms (SWD(2016) 172) to accompany its proposal. In this document the Commission once again stresses the central role that online platforms (search engines, social networks, comparison websites, e-commerce providers, etc.) have acquired in social and economic life and performs an in-depth analysis of the various business models.

As a key action area, the Commission underlines its aim to make comparable digital services follow the same or similar rules and to assess the scope of existing regulations. We can only wait in suspense to see how the Commission intends to implement these political goals – especially during the upcoming revision of the telecommunications legal framework.

The draft update of the AVMD Directive and the Staff Working Document can be accessed here.