Class European platform policies
Overview of key frameworks today
(they are all interconnected)
Audiovisual
Audiovisual Media Services Directive (AVMSD, 2007)
⇒ cornerstone of EU AV policy
Promoting circulation of television across EU
1. Reciprocity
→ eg if you get a license in 1 country, you get in all EU countries
2. Country of origin principle EXAM QUESTION
→ media players are subject to the rules of the country where they are
based in, not the country they are targeting
→ not relevant where the content is being produced, only where the
company is based
Exceptions to this principle
→ diverting from this principle & blocking a licence possible
→ principle for protection of minors, hate speech, investment
obligations
3. Minimum discrimination principles
Measures to promote European Works
→ % of total viewing time needs to be European (often local or national
content, or same-language content)
→ 50% for linear, 30% for on-demand AV-players
Measure to stimulate independent production
→ 10% quota
→ how do u define independent production? (differ from market to market)
Atlas of EU digital policymaking 1
, Principles of self-regulation and collaboration between regulators
→ ERGA, now European Board of Media Services
→ self-regulation in area of advertisment & journalism
→ enforced collaboration between regulators = measure against non-
independent national regulators
Review of AVMSD (2018)
→ still the cornerstone, but from two-tiers to three-tiers
→ idea = level playing field
Linear = strictest rules
→ frustrating for these players
Non-linear = 30% quota
→ protection of minors/hate speech
→ eg Netflix, HBO
Video sharing platforms
→ minimum of rules for the protection of minors and hate speech (eg
removal of illegal content)
→ eg YouTube, TikTok, Instagram
Chronology of exploitation windows of audiovisual works
→ windows = when AV-content appears in cinema, VOD, etc
→ chronology needs to be respected, but not specified
→ mostly depends on member states (eg France has very strict rules
respecting the traditional window-time)
Advertisment regulation
→ max 20% of time, product placement, bans on specific type of ads
→ eg stack ads in prime time for linear
Lists of ‘major events’ to be included free-to-air
→ cannot be hidden behind paywall
→ events of cultural importance (eg royal marriage, olympics)
→ lists have undergone a lot of changes (eg female competitions were not
included)
Obligations for people with disabilities
→ subtitles, hearing impaired, etc
Rules on protection of minors, incitement to hatred on video sharing
platforms and on-demand audiovisual players
Atlas of EU digital policymaking 2
, Possibilities for ensuring prominence for services of general interest
Provision with regard to signal integrity and ‘overlays’
→ broadcaster stays in control of the signal
→ overlays = up-next, commercial, etc added by distributor
→ current discussion = include audio in this rule? (eg commercials on top of
music, income not going to broadcaster)
Measures on transparency and ownership
→ lists of players & services operating in your market (contact details &
ownership details)
⇒ space for member states to have additional rules
Media and Audiovisual Action Plan (MAAP)
Developed post-covid to help boost AV-industries
→ support programs & actions to help news media and AV-sector
Focus on news media sector (printed & online press, radio, AV services)
+ AV entertainment sector (cinema, TV, streaming, video games &
innovative formats such as VR)
Combining investment with policy actions
Built around three themes & ten actions
1. Recover
Interactive tool to give EU AV & news media companies
guidance on different sources of EU support
Boosting investment to foster EU AV production and distribution
→ strengthening equity investment in this area
Launching of a NEWS initiative
→ bundles actions & support for the news media industry
2. Transform
Create a European ‘media data space’
→ support media companies in sharing data & developing
innovative solutions
Fostering a European virtual and augmented reality (VR/AR)
industrial coalition
Atlas of EU digital policymaking 3