We liked this cartoon from www.theoatmeal.com explaining everything you need to know about what happened with Netflix. Enjoy.

Netflix launched in the UK and Ireland on 9 January 2012, and is offering customers there a free one-month trial. Prices will thereafter be set at 5.99 GBP per month and 6.99 Euro in Ireland.At launch, Netflix is offering films and TV programmes from All3Media, the BBC, CBS, Channel 4′s 4oD, Disney UK & Ireland, ITV, Lionsgate UK, MGM, Miramax, Momentum Pictures, NBCUniversal, Paramount, Sony Pictures Entertainment, Twentieth Century Fox and Viacom International Media Networks.

This week in the US, it emerged that Netflix has been sued by its investors. Click here to read the story.

Several new reports on Hungary´s controversial new media laws have been published:

From Neelie Kroes´ blog:

Over recent weeks serious questions have been asked by the European Commission about 30 new laws in Hungary, including a major constitutional revision, and these concerns continue. These laws have passed against the backdrop of a media law adopted in late 2010, which was found by the European Commission to put fundamental rights at risk, and by the Hungarian courts to breach the Hungarian constitution.

The European Union Charter of Fundamental Rights clearly states that “the freedom and pluralism of the media shall be respected,” and the EU has always stood up for media freedom and pluralism. Both the European Commission and I have defended press freedom and fundamental rights from the outset of the intense debate in Hungary over a year ago.

In parallel we have continued to push for the expansion of the internet and the opportunities it provides, including as a vehicle for new media and free expression. That is significant, because however worrying the general media environment may be in Hungary, the opportunities of Hungarians to express themselves and access the opinions of others has grown immeasurably because 98% of Hungarians now have access to broadband internet.

In 2011 the European Commission used the full extent of its legal powers to improve the Hungarian Media Law. The original version of that law could have breached fundamental rights and EU laws in four areas. Without hesitation I pushed for change and achieved those changes. These four issues comprise disproportionate application of rules on balanced information, application of fines to broadcasters legally established and authorised in other Member States, rules on registration and authorisation of media service providers and rules against offending individuals, minorities or majorities.

Read more of Neelie Kroes´ blog post on this subject here.

Tens of thousands gathered yesterday in the Hungarian capital Budapest, according to reports, to protest against changes to the country’s constitution which have been widely criticised as an attack on democracy.

The changes took effect on 1 January and follow a large number of new laws drafted by the ruling Fidesz party over the past year, including changes to media regulation which international organisations have warned are a danger to press freedom.

In a letter to Hungarian prime minister Viktor Orban sent on 23 December, US secretary of state Hillary Clinton expressed concern over changes to media regulation in the country, specifically over the recent withdrawal of the licence of a radio station known to be critical of the government.

Read more at www.journalism.co.uk

A high-level EU taskforce on media pluralism will examine whether a controversial Hungarian media law restricts press freedom, the European Commission said today.

A spokesman for Neelie Kroes, the European commissioner for the digital agenda, said Hungary’s media law had been put on the agenda of the taskforce’s next meeting on 25 January.

The task force, which was created in October, is chaired by Vaira Vīķe-Freiberga, a former president of Latvia. The taskforce is meant to review national media laws and, if necessary, recommend how they can be improved to protect media freedom.

The Commission said Wednesday (4 January) that it had raised fresh concerns over the media law last month following a rulling by Hungary’s constitutional court on 19 December. The court found that the law limited press freedom.

Read more at www.europeanvoice.com

Slovenia has finally transposed the Audio Visual Media Services (AVMS) Directive into national law. It entered into force on 17th November 2011. The Act on Audiovisual Media Services was adopted after many failed attempts to reform Slovenian media laws over the years. The European Commission started an infringement procedure against Slovenia early in 2011, and this remains pending, since the Commission now has to analyse the newly notified measures and ensure that the Directive has been correctly implemented.

APEK is the national regulatory authority responsible for AVMS implementation. Additional statutory instruments are in process of being drafted to enable practical implementation of AVMS. Among the new powers that APEK has been granted are the ability to collect greater amounts of information, the ability to impose financial sanctions and the ability to collect fees from all the providers – both linear and non-linear – of AVMS services. The new law also reduces the amount of advertising allowed on public service TV channels, to ten minutes of advertising per hour during daytime, and 7 minutes per hour between 6pm and 11pm in the evening.

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Broadcast Projects´ consultants Chris Barlas and Janet Greco have delivered an independent response to the European Commission Green Paper ( COM (2011) 427/4 ) on the opportunities and challenges for online distribution of audiovisual works in the European Union.

The paper outlines contentious issues, and technology obstacles in the area of rights clearance across all media and digital delivery systems and offers some insights on paths that might be followed to achieve interoperability broadly based on the concept of uniquely identifying audiovisual content in the online digital world, in a manner that could function on a worldwide basis.

The paper is available for Login Required here.

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The French Ministry of Culture and Communication, together with the Ministry for Industry, Energy and the Digital Economy issued a report on connected television in November 2011. It concentrates on three main themes and delivers thirteen proposals covering the consequences of fragmentation of connected TV offerings, the funding and distribution of audiovisual works, and content regulation, including consumer (and child) protection and the fight against piracy.

The report notes that the access to audiovisual content on the internet is   breakthough and that the landscape is accelerating rapidly and in unpredictable ways. Seventy eight percent of homes in France have a broadband connection. Smartphones and IPTV have also contributed to the explosion of the availability of audiovisual content online.

The report set out to address how French players might put themselves in the best possible position to compete against foreign players that have significant access to financial and technological resources. It puts forward several proposals for achieving this, while noting that many French players do have advantages over international competition.

The report also conducted a review of the effectiveness of regulatory measures, including the Audiovisual Media Services Directive, and recognized that the national laws in France are out of date with regard to the development of the Internet and DTT.  In particular rules relating to primetime scheduling, advertising, and media pluralism.

The full text of the report, which is available in French, click here.

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On Monday, 23rd January, Broadcast Projects is organising an informal meeting in London to facilitate  discussions around industry liaison with ATVOD and AVMS implementation in general, throughout 2012.

The meeting will be held under Chatham House rules to encourage an open dialogue and sharing of views amongst industry stakeholders, given that time for discussion is usually very short during official ATVOD Industry Forum meetings.

We have invited 15-20 of the most active industry participants from various sectors of the industry, large and small (though anyone with an interest may attend provided we have sufficient space). Some interested observers from outside the formal industry forum have also been invited. The response has been excellent and there are a still few places left. If you would like to attend please get in touch.

The meeting is being kindly hosted by Microsoft at their headquarters in Victoria.

Date: 23 January 2012
Time: 12.30-14.30
Location: Microsoft, Cardinal Place, 80-100 Victoria Street, London  SW1E 5JL
Directions: http://www.microsoft.com/en-gb/about/offices/london.aspx
Nearest tube: Victoria

A light lunch of sandwiches will be provided.

For further information please email.

The long awaited Ofcom decision on whether the TV sections of newspaper and magazine websites fall into scope of the AVMS regulations in the UK has been published today, 21 December 2011, and it looks like good news for periodical publishers. ATVOD immediately issued a response to the Ofcom decision, stating that it would immediately ¨withdraw determinations in relation to other newspaper websites.¨

The appeal had been made by News Group Newspapers Limited against a notice of determination by ATVOD that the provider of the ¨Sun Video¨ was an On-Demand Programme Service (ODPS) under AVMS regulations transposed in the UK Communications Act 2003. Other pending appeals had been lodged by other periodicals including the Sunday Times Video Library, Telegraph TV, The Independent Video, FT Video, Guardian Video, Guardian You Tube, News of the World TV and Elle TV.

The Ofcom decision today acknowledged that the appeal raised ´important a difficult questions under complex new legislation and for which no precedents exist.¨ A number of other appeals had been made relating to similar cases involving audio visual material on newspaper and magazine providers´websites.

The determination made by ATVOD contained a statement as to why ATVOD considered that the service was an ODPS, and ¨relied as evidence on references to three pieces of audio visual material in the relevant section of the website and screen grabs of two pages taken from that section.¨

Ofcom decided that ATVOD´s reasons and evidence were not sufficient, and that too much focus was placed on the ¨Sun Video¨ section of The Sun´s website and not on the site as a whole and considering whether ´there is anything amongst that material which is a service whose principle purpose is the provision of TV-like progammes.¨

Ofcom therefore upheld News Group´s appeal and set aside ATVOD´s Determination.

The full text of the determination, which can be accessed here, also sets out the current and earlier positions that Ofcom has taken on how to evaluate the provisions of the Audio Visual Media Services Directive in the context of the UK Communications Act. It notes that it is also possible that ´a service not presently within the scope of regulation could in future be so´. Some aspects of The Sun´s website have developed further since ATVOD´s Determination.

¨Even if it is not doing so now, News Group’s provision of audio visual material might develop further still. Though by no means an exhaustive indication, that provision would be more likely to fall within the scope of regulation if, for example:
a. it continues to be a separate collation or catalogue of audio visual material available on its own section of The Sun’s website;
b. it is presented to users as a distinct television service;
c. there are fewer access and content links between the written content and the audio visual material; and
d. more of the audio visual material was of greater duration and/or included complete programmes of the kind broadcast on linear television programme services.¨

According to a statement published today on the ATVOD Website:

ATVOD has acted promptly following a decision by Ofcom today to uphold an appeal by News Group Newspapers Ltd. against a determination by ATVOD that The Sun’s website included a video on demand service which fell within the video on demand regulator’s remit. Given the similarities between The Sun case and other newspaper and magazine websites, ATVOD has today announced that it will withdraw its Determinations that The Sunday Times Video Library, Telegraph TV, The Independent Video, FT Video, Guardian Video, Guardian You Tube, News of the World TV and Elle TV were On-Demand Programme Services.

ATVOD had held that The Sun’s internet video offering met the definition of an On-Demand Programme Service, set out in the Communications Act 2003. The Ofcom decision is that the Sun Video section of the website (previously styled as ‘Sun TV’) is not subject to regulation by ATVOD.

The appeal judgement is the third made by Ofcom this year, the communications regulator having previously backed ATVOD’s rulings that ‘adult’ websites Demand Adult and Climax 3 fell within the scope of the new rules which include a requirement that children are protected from material which might seriously impair their development.

ATVOD Chief Executive, Pete Johnson, said:

“Most people will recognise that defining the scope of new regulations in a fast-moving market is a complex and difficult task. The appeal system  is a vital part of  the process, giving users and providers of video on demand services greater clarity over where the new protections for consumers do and do not apply. Given the clear similarities between The Sun and the other newspaper and magazine websites under appeal, we have moved quickly to confirm that the Determinations in relation to those services are being withdrawn with immediate effect.

We will now reflect further on the appeal judgement and consider any implications it may have for any other past and future rulings on whether a service falls within ATVOD’s remit.”

Ofcom published its Draft Annual Plan 2012/13 on 8 December 2011, which will address, among other things, a review of regulation of video on demand. According to the document published:

4.39 We will continue to review our wider regulatory approach to content regulation, to ensure that it remains fit for purpose, continues to serve the interests of citizens and consumers, and is clear for stakeholders.

4.40 There will be a number of challenges in this area. Changes in technology, including the emergence of mass-market IPTV services in the UK, will challenge the existing regulatory structures, which were designed predominantly for linear broadcasting. We will continue to work with our co-regulators, such as ATVOD, to develop these regulatory structures. We will consider how regulatory approaches to content regulation might further evolve to remain fit for purpose and proportionate.

4.41 In March 2012, two years will have passed since the Authority for Television On Demand (ATVOD) was designated by Ofcom as the co-regulator of editorial content in on-demand services. In accordance with the terms of the Designation, Ofcom is required to carry out a review of ATVOD. We will conduct this review during 2012/13; it will assess the overall effectiveness of the co-regulatory arrangements for on-demand services.

The full text of Ofcom’s Draft Annual Plan 2012/13 can be found here. The consultation also addresses issues around spectrum policy including geolocation services and white spaces, possible access by Channel Four to the television licence fee and local television.

Ofcom is holding a series of public meetings to hear people’s views.

The meetings will provide an opportunity for everyone with an interest in the regulation of the communications industries to discuss Ofcom’s approach to television, radio, telecoms, postal and wireless communications services. Each meeting will begin with a brief presentation, after which there will be an opportunity to comment and ask questions.

All meetings are open and free of charge. If you would like to attend an event, please click here.

The Consultation Document can be found here and the deadline for responses is 5pm on 17 February 2012.

UK media regulators joined forces to launch ParentPort (www.parentport.org.uk), in October 2011. The idea is to make it easier for parents to complain about material they have seen or heard across the media, communications and retail industries.

It was developed following Reg Bailey’s Independent Review of the Commercialisation and Sexualisation of Childhood, which recommended that regulators should work together to create a single website to act as an interface between themselves and parents.

The website provides parents, carers and guardians information on what they can do if they’ve seen or heard something they felt was inappropriate for their children. The website directs them to the right media regulator for their specific area of concern.

The ParentPort website has been jointly developed by the Advertising Standards Authority (ASA), the Authority for Television On Demand (ATVOD), the BBC Trust, the British Board of Film Classification (BBFC), the Office of Communications (Ofcom), the Press Complaints Commission (PCC) and the Video Standards Council (VSC)/Pan-European Game Information (PEGI).

On 1st December 28 leading companies announced the formation of a new Coalition to make a better and safer internet for children. Put together by the European Commission, the Coalition is a cooperative voluntary intervention designed to respond to emerging challenges arising from the diverse ways in which young Europeans go online. Signatories to the Coalition have committed to take positive action throughout 2012 in 5 areas:

• simple tools for users to report harmful content and contact,
• age-appropriate privacy settings,
• wider use of content classification,
• wider availability and use of parental controls,
• effective take down of child abuse material.

The founding Coalition members are: Apple, BSkyB, BT, Dailymotion, Deutsche Telekom, Facebook, France Telecom-Orange, Google, Hyves, KPN, Liberty Global, LG Electronics, Mediaset, Microsoft, Netlog, Nintendo, Nokia, Opera Software, Research in Motion, RTL Group, Samsung, Sulake, Telefonica, TeliaSonera, Telenor Group, Tuenti, Vivendi, Vodafone. Priority actions include making it easier to report harmful content, ensuring privacy settings are age-appropriate, and offering wider options for parental control, reflecting the needs of a generation that is going online at an increasingly young age.  For further information and the official press release, click here.

While the initiative is to be applauded, there are still conflicting ways that companies go about addressing content classification and age-ratings for both audiovisual content, as well as for classifying apps. Harmonising the great diversity of approaches internationally is an important, even if difficult, goal. In the US, the international wireless industry association, CTIA, recently proposed its own new system for rating mobile phone apps, a move which has not received a kind reception from Google and Apple, which have systems of their own for ratings. The CTIA´s intention was to streamline and simplify the maturity ratings of software in a way that mobile app store owners could voluntarily adopt.