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European debate on future
audiovisual regulation
Laura Sboarina
São Paulo August 4, 2015
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Media Telecoms Digital
Economy Postal
Competition Law
DO
WHAT
WE REGULATORY
DO
WHAT
WE INTELLIGENCE
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Outline
TV sector: EU and Latam in comparison
Main principles of EU audiovisual regulation
challenged by convergence
How should future audiovisual regulation look
like?
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Outline
TV sector: EU and Latam in comparison
Main principles of EU audiovisual regulation
challenged by convergence
How should future audiovisual regulation look
like?
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1. Strong role of public service broadcasters in the EU
Main differences
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Main differences
2. Online advertising
ready to start
cannibalizing TV
advertising in some EU
markets
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Main differences
3. Digital take-up almost completed in WE EU
(source: IHS)
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...but niche of viewing time and not eating pay TV’s lunch yet
1. Growth in connected devices & video OTT services
Common trend toward non-linear consumption
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Common regulatory issues
How to regulate OTT video services and avoid
regulatory assimetries?
How to keep fair competition (access to
platforms, access to premium content, etc.)?
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Common regulatory issues
How to sustain production of
local/national content?
How to fight piracy?
How to ensure protection of viewers in a
convergent environment?
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Outline
TV sector: EU and Latam in comparison
Main principles of EU audiovisual regulation
challenged by convergence
How should future audiovisual regulation look like?
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Telecoms
e-commerce Copyright
Audiovisual Competition
Net neutrality Advertising (limit/quality)
Promotion of EU works
Protecting minors
Liability of online intermediaries
IPR enforcement
Copyright in the digital world
TV signal/content
integrity
Online contracting
Consumer
protection online
Must-carry
EU frameworks
Accessibility
Hate speech
Mergers
State aid
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Audiovisual content rules
Main principles
Technological neutrality
TV Like
Principle purpose
Editorial responsibility
1. Material jurisdiction
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TV channel
VOD streaming service
Catch up TV
service
Internet service provider
Video sharing
platform Network operator
TV platform
(no own channels)
Social media
Search engine
Audiovisual content rules
E-commerce
Telecoms rules
EDITORIAL RESPONSIBILITY
& PRINCIPAL PURPOSE
Online newspaper
with video content
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Audiovisual content rules
E-commerce
Telecoms rules
EDITORIAL RESPONSIBILITY
& PRINCIPAL PURPOSE
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• Protection of viewers
• Level playing field
• Free-riding
• Gate-keeping
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Outline
TV sector: EU and Latam in comparison
Main principles of EU audiovisual regulation
challenged by convergence
How should future audiovisual regulation look like?
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Extend scope of content rules (or some of them) to online
providers offering audiovisual content?
Material jurisdiction
EU policy options
Incentivise voluntary commitments by new online players to
protect users?
Cross-sector assessment of the role of ‘online platforms’
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Material jurisdiction
Views of national governments
Remove regulatory
asymmetries between
regulated and
unregulated online
providers competing in
the same market
Against extension of
rules to unregulated
online services to
protect freedom of
expression
Against extension of rules
to unregulated online
services to avoid burden on
small emerging business/
authorities
Is there a need for
extending existing must-
carry rules?
Concerns about the
gate-keeping role of
smart TV
manufactures
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New legal category for online
platforms (those who organise, list,
recommend, prioritise audiovisual
content)
Future audiovisual rules
Interesting ideas
Cross-sector application
Supervised voluntary commitment
CSA
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Ofcom
‘Safe zones’ on services with mass
reach/high impact where audiences are
protected:
identified by TV platforms operators/online
intermediaries
with specific EPG positions
Future audiovisual rules
Interesting ideas
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Audiovisual content rules
Main principles
2. Lighter
rules for non-
linear (greater
control)
Non- linear
Linear
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Non-linear
Linear
• on same screen
• targeting the same audience
• offering the same content
INCREASINGLY COMPETING
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• Introduce additional self- (or co-regulatory) measures
to protect minors in non-linear services
Future audiovisual rules
EU policy options
• Level playing field between linear and non-linear
services:
• Remove quantitative advertising limits for linear
services
• Mandate specific methods to promote EU
productions in non-linear services
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Future audiovisual rules
Views of national governments
Level playing field Graduated
approach
Services still differ for pricing and
chronology
Traditional TV has a larger
audience/ greater impact on
society
Users cannot always control ads in
non-linear services
Users unable to distinguish and
unaware of the level of protection
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Regulation tuned on the scale of the
provider measured in audience of
revenues, or
graduated approach based on
content rather than form of delivery:
specific rules for news, children
programmes, political content and
lighter rules for entertainment.
Future audiovisual rules
Interesting ideas
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Audiovisual content rules
Main principles
Single market objective
Country of origin
No jurisdiction over non-EU services
3. Territorial jurisdiction
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What if service delivered online from
non-EU country?
Established in the EU
country with
favourable tax
regime and light
touch regulation
Global online players
Established
outside the EU
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EU timeline
Next few years are key
By end 2015
Proposal for copyright revision
By mid 2016
Proposal for revision of audiovisual
content rules
2016
Proposal for revision of
telecoms rules
Undefined time
(Possible) targeted changes to e-commerce rules to review intermediaries liability regime
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For any other questions
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