10

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Audiovisual Media Services Directive: Implementation Appraisal

16-06-2016

Since its entry into force, the regulatory framework established by the Audiovisual Media Services Directive proved to be rather effective in achieving its goal of enabling the development and free circulation of audiovisual media services in the European Union. However, given the technological developments that led to a convergent audiovisual environment, it needs to be further adapted in order to better respond to market developments and new viewing patterns and habits. The European Parliament, ...

Since its entry into force, the regulatory framework established by the Audiovisual Media Services Directive proved to be rather effective in achieving its goal of enabling the development and free circulation of audiovisual media services in the European Union. However, given the technological developments that led to a convergent audiovisual environment, it needs to be further adapted in order to better respond to market developments and new viewing patterns and habits. The European Parliament, the Council, the European Economic and Social Committee and the European Committee of the Regions have asked for adaptations of the current regulatory framework in order to better reflect the implications of the new convergent media context. In particular, they called on the Commission to assess the current distinction of the regulatory framework between linear and non-linear services, to enforce the provisions related to minors and consumer protection, to ensure the respect of the freedom of media, to enforce the promotion of European works and to assess the implementation of self and co regulation arrangements. Implementation reports, evaluations and studies confirmed the need to address AVMSD related issues at EU level and pointed out that some of the rules are no longer fit for purpose in a changed digital context. The new proposal adopted by the Commission in May 2016, addresses several concerns raised by the Parliament including protection of minors, promotion of European audiovisual works and commercial communications.

The Creative Europe programme: European Implementation Assessment

15-06-2016

The Creative Europe programme (CE) – in operation since January 2014 – brings together the cultural and media programmes during the 2007-2013 programming period and is designed to support activities in the cultural and audiovisual sectors and to promote cross-sectoral synergies. With the aim of enhancing the competitiveness of the creative and cultural industries, Creative Europe was devised to help the creative and cultural industries and audiovisual sectors to better face the challenges of increasing ...

The Creative Europe programme (CE) – in operation since January 2014 – brings together the cultural and media programmes during the 2007-2013 programming period and is designed to support activities in the cultural and audiovisual sectors and to promote cross-sectoral synergies. With the aim of enhancing the competitiveness of the creative and cultural industries, Creative Europe was devised to help the creative and cultural industries and audiovisual sectors to better face the challenges of increasing digitalisation, market fragmentation, global competition and difficult access to financing. To this effect, Creative Europe desks were created in participating countries to provide prompt information on the different aspects of the programme. Against this background, the European Commission will present the results of the programme's mid-term evaluation by the end of 2017. This implementation assessment takes stock of the developments to date by analysing the main implementation issues vis-à-vis the programme's intended objectives. In order to reveal possible obstacles and address remaining problems, this assessment serves the overall purposes of the Implementation Report requested by the Committee on Culture and Education (CULT) of the European Parliament.

The Satellite and Cable Directive

26-05-2016

Since 1995, when the Satellite and Cable Directive 93/83 was supposed to be transposed into the national laws of the Member States, the broadcasting landscape has been through various changes. While cable retransmission and satellite broadcasting still play their roles, new forms of broadcasting have found a stable place in the broadcasting landscape. This includes the ability to watch content on demand, through webcasting or simulcasting. Furthermore, a considerable role is played by online broadcasting ...

Since 1995, when the Satellite and Cable Directive 93/83 was supposed to be transposed into the national laws of the Member States, the broadcasting landscape has been through various changes. While cable retransmission and satellite broadcasting still play their roles, new forms of broadcasting have found a stable place in the broadcasting landscape. This includes the ability to watch content on demand, through webcasting or simulcasting. Furthermore, a considerable role is played by online broadcasting. These new forms of broadcasting (e.g. online broadcasting, webcasting or simulcasting) bring various challenges for traditional broadcasting organisations, as well as for the rights connected with the broadcasted content (mainly copyright and related rights). As these new forms of broadcasting are not covered by the existing legal principles, broadening the principles included in Directive 93/83 might be one way to deal with the situation. On several occasions Parliament has called for changes in the existing legislation to reflect the latest technological developments. The European Economic and Social Committee in its opinions and various studies has also noted that existing legislation will need to be adapted in order to react to these developments. The intention of the European Commission to review Directive 93/83 and potential amendments of the existing legislation might result in changes to the existing legislation and bring it up to date with the latest developments.

Cross-border portability of online content services in the internal market: Initial Appraisal of a European Commission Impact Assessment

17-03-2016

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment accompanying the above proposal, adopted on 9 December 2015. This proposal is one of the first legislative initiatives proposed under the umbrella of the Digital Single Market (DSM) Strategy. The DSM Strategy is in itself one of the ten political priorities of the Juncker Commission. The portability proposal aims to contribute to the key objectives of the DSM allowing for ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment accompanying the above proposal, adopted on 9 December 2015. This proposal is one of the first legislative initiatives proposed under the umbrella of the Digital Single Market (DSM) Strategy. The DSM Strategy is in itself one of the ten political priorities of the Juncker Commission. The portability proposal aims to contribute to the key objectives of the DSM allowing for better online access to digital goods and services across the EU Member States when travelling. Further legislative proposals in the field of copyright are expected in 2016. Overall, the impression is that this IA has made a reasonable attempt to analyse the current situation, substantiating the need for EU action to solve the issue. The IA draws upon a wide range of research from different sources and disciplines, both external and internal, and the stakeholder consultation appears to be broad. However, the objective of the present initiative (to ensure cross-border portability) is formulated in such a way that it can in fact only conceivably be achieved by a legislative solution that prescribes portability on a mandatory basis (meaning Option 3, which is the Commission's preferred option). This could cast some doubt as to whether the alternatives presented were really considered as viable options. Also, some of the assumptions upon which the IA is based might merit some further examination. For example, this might be the case concerning the current and potential future consumer demand for portability based on Eurobarometer data. Finally, the IA could perhaps have been clearer from the start that the real issue at hand concerns almost exclusively limited portability of online content services in the AV sector and sport premium content services, but that for reasons of legal certainty, all sectors are technically covered by the initiative (IA, p. 21).

Over-the-Top (OTTs) Players: Market Dynamics and Policy Challenges

15-12-2015

In this study we (1) explore current and emerging business models for over-the-top (OTT) services (including Voice over IP, instant messaging services, and streaming video and music services); (2) identify costs and barriers to European online service development including over-the-top (OTT); (3) describe the regulatory environment for online services in Europe, contrasting it with the environment for traditional telecom and media services, as well as the environment in some of Europe’s major trading ...

In this study we (1) explore current and emerging business models for over-the-top (OTT) services (including Voice over IP, instant messaging services, and streaming video and music services); (2) identify costs and barriers to European online service development including over-the-top (OTT); (3) describe the regulatory environment for online services in Europe, contrasting it with the environment for traditional telecom and media services, as well as the environment in some of Europe’s major trading partners; and (4) make recommendations to achieve a Digital Single Market. The study was prepared for Policy Department A at the request of the Internal Market and Consumer Protection Committee.

Zunanji avtor

Ilsa GODLOVITCH (WIK), Bas KOTTERINK (TNO), J. Scott MARCUS (WIK), Pieter NOOREN (TNO), Jop ESMEIJER (TNO) and Arnold ROOSENDAAL (TNO)

Review of the EU copyright Framework: European Implementation Assessment

13-10-2015

This European Implementation Assessment aims to provide briefing for the Committee on Legal Affairs (JURI) ahead of the publication of the Commission's legislative proposals concerning the modernisation of the EU copyright framework, which are expected towards the end of 2015. The specific objective is to help JURI Members achieve a better understanding of the actual gaps and weaknesses in the existing EU copyright framework.This European Implementation Assessment is divided into: an introduction ...

This European Implementation Assessment aims to provide briefing for the Committee on Legal Affairs (JURI) ahead of the publication of the Commission's legislative proposals concerning the modernisation of the EU copyright framework, which are expected towards the end of 2015. The specific objective is to help JURI Members achieve a better understanding of the actual gaps and weaknesses in the existing EU copyright framework.This European Implementation Assessment is divided into: an introduction presenting an overall analysis and summary of findings, an Ex-Post Impact Assessment study, and three EU Added Value briefing papers, which are included as annexes.

Zunanji avtor

Input was received from three independent external contractors: 1) A consortium led by the Centre for European Policy Studies (CEPS) with Economisti Associati as consortium partner; 2) Milieu Ltd; and, 3) Valdani Vicari & Associati (VVA) with the involvement of KEA European Affairs as a subcontractor.

Focus on: The Challenges of Connected TV

15-11-2013

Connected TV is an internet-enabled TV which for the first time connects linear and non-linear media services in one device. In connected TV the boundaries between online and TV disappear, giving rise to the question of whether the existing regulations are prepared for this. In fact, the Audiovisual Media Services (AVMS) Directive regulating the linear signals is quite strict, but regulations drafted for non-linear services are not adapted to the present and future situation. The big question remains ...

Connected TV is an internet-enabled TV which for the first time connects linear and non-linear media services in one device. In connected TV the boundaries between online and TV disappear, giving rise to the question of whether the existing regulations are prepared for this. In fact, the Audiovisual Media Services (AVMS) Directive regulating the linear signals is quite strict, but regulations drafted for non-linear services are not adapted to the present and future situation. The big question remains whether it makes sense to keep this division and how to develop legislation, and the AVMS Directive in particular for the challenges of the future.

Javni in komercialni modeli dostopa v digitalni dobi

15-04-2013

V poročilu je podan pregled stanja in možnega razvoja načinov za podajanje vsebin širši evropski javnosti, vključno z izkušnjami javnega sektorja in komercialnih ponudnikov. Na podlagi ugotovljenih težav in vzrokov je ponujen niz priporočil za spopadanje z izzivi digitalne dobe v zvezi z dostopom do vsebin v Evropi.

V poročilu je podan pregled stanja in možnega razvoja načinov za podajanje vsebin širši evropski javnosti, vključno z izkušnjami javnega sektorja in komercialnih ponudnikov. Na podlagi ugotovljenih težav in vzrokov je ponujen niz priporočil za spopadanje z izzivi digitalne dobe v zvezi z dostopom do vsebin v Evropi.

Zunanji avtor

Claudio Feijoo, Sven Lindmark, Juan Pablo Villar, Carlota Tarín, Javier Gelabert and Beatriz Matía

The Origin of Content Provided by Video on Demand Services in the European Union

14-11-2008

This study provides a representative panorama of the video on demand offering (VoD) available in the European markets. It shows some broad trends of VoD services playing a role in representing Europe’s cultural diversity and in promoting European cinematic heritage. In its conclusions, this study reveals that although American programmes are widely represented in European VoD catalogues on offer, they are not excessively over-represented compared to those being offered in theatres and even less so ...

This study provides a representative panorama of the video on demand offering (VoD) available in the European markets. It shows some broad trends of VoD services playing a role in representing Europe’s cultural diversity and in promoting European cinematic heritage. In its conclusions, this study reveals that although American programmes are widely represented in European VoD catalogues on offer, they are not excessively over-represented compared to those being offered in theatres and even less so compared to the programmes broadcast on European television stations.

Zunanji avtor

NPA Conseil

The Information of the Citizen in the EU: Obligations for the Media and the Institutions Concerning the Citizen's Right to Be Fully and Objectively Informed

01-08-2004

Zunanji avtor

Deirdre Kevin, Thorsten Ader, Oliver Carsten Fueg, Eleftheria Pertzinidou, Max Schoenthal, European Institute for the Media, Düsseldorf.

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