January - 2012
Netflix Explained / Netflix Sued
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.
New Media Laws in Hungary Continuing Controversy
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.
New Slovenian Media Law
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.
Login Required the Slovenian Media Law.
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Green Paper Reponse: Unique IDs in the online digital world
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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Connected TV in France
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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December - 2011
Independent AVMS Industry Forum Meeting
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.
Ofcom Appeal Decision Good News for Periodicals
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 to review ATVOD in 2012/13
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.
ParentPort launched by UK media regulators
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).
A New Coalition for a Safer Internet
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.
November - 2011
AVMS Pan-European Developments
This post provides various updates on AVMS implementation across Europe over the past months.
Dutch Guidelines Published and Registration Fees set to ZERO.
On 11 October the Dutch Guidelines on AVMS were published, and these entered into force at 1 November 2011. Services were required to register in the first two weeks of November. The official document is here.
The Dutch law firm SOLV held a private AVMS Seminar on 1st November. Representatives of Rabobank, Sanoma, SBS, UPC and Chello Media made presentations of their views regarding the Guidelines and the services that fall under the scope of the Guidelines. Unfortunately these presentations have not been made publicly available. A summary of the event (in Dutch) can be found here, and a rough translation in English, here.
During this Seminar the Media regulator presented a summary of the Guidelines, and stated that the registration fee would be set at 0 (zero) Euro per annum. There will be another consultation regarding the sponsorship/advertising obligations that will be imposed on the parties that have registered.
Latvia´s response to the EC on AVMS implementation arrives one day late
Latvia submitted its reply to the European Commission regarding implementation of the Audiovisual Media Services Directive, on time, according to the Latvian business magazine, Baltic Course. Latvia submitted its reply to the European Commission on 10 November, the deadline for responses, but it was not registered right away due to a technical glitch, according to the Justice ministry´s public relations officer. The European Commission said, on 11 November, that Latvia had missed the deadline. The full text of the report can be found here.
Council of the European Union publishes Guidelines on the Protection of Children in a Digital World
At a meeting which took place on 28 and 29 November in Brussels, the Council of the European Union published its conclusions on the protection of children in the digital world. The document sets out the political agenda and invites governments, stakeholders, and the commission to work together to address the difficult challenges ahead. The document underlines that “strengthening security in the digital society is a shared responsibility – of individuals as much as of private and public bodies, both at home and globally”.
The document also addresses the differing approaches Member States have towards protecting minors and promoting the development of good practices and standards in the media where self-regulation and coregulation are two solutions among several possible, and, the use of technical systems (such as filtering, age verification systems, parental control tools), whilst not solutions on their own, can, as long as they are applied in an efficient way, be suitable means to provide the access of minors to content that is appropriate for their age. The document also makes reference to the Audiovisual Media Services Directive which contains provisions on the protection of minors for both linear and non-linear audiovisual media services. The full text can be found here.
Hungary´s Media Law having a ´Chilling´ Effect on Press Freedom
According to a report published on the UK website, www.journalism.co.uk, Hungary´s new media law is having a ´chilling´ effect on press freedom. The website was referring to the warnings issued by an international mission of press freedom groups who met with government representatives and others between 14 and 16 November. One controversial aspect of the new law forces journalists to reveal their sources in order to protect national security. Hungary was forced to make amendments to the initial draft of the legislation after it was rejected by the European Parliament for not meeting the the Audiovisual Media Services (AVMS) Directive and the Charter of Fundamental Rights (Article 11 on freedom of expression). The full text of the report can be found here.
Third Amendment to Portugal´s Media Law Published
On 28 November 2011, the third amendment to Lei da Televisão (the Television Law), has been published by Portugal´s media regulator, Anacom. The new law restructures the public radio and television service concession, and was the instrument used to transpose the AVMS Directive. A non-official version of the law in English has been published on the Anacom website, and can be accessed here.
Not on the Wires documents Austerity in Europe
Not on the Wires, the multimedia online magazine and production company, founded by Alex Wood, has published the latest instalment of its ongoing survey on Austerity in Europe.
In the latest issue, accessible here, Not on the Wires delivers a visual exploration of how Europe is changing and adapting to a new age of austerity, with youth unemployment levels having reached record levels and the Occupy movement sweeping the globe.
Not on the Wires has so far documented Italy, Spain, and the UK. The latest instalment is focused on Occupy London´s Sister Ruth, an unusual member of the protest on the steps of St Pauls.
Two Ofcom decisions on ATVOD newspaper appeals expected soon
Ofcom has advised DCMS that they are currently considering several appeals concerning ATVOD scope determinations in respect of on-demand programme services, including seven relating to newspaper and magazine websites. Ofcom expects to be in a position to publish its decision on two of the newspaper appeals within the next month, according to Baroness Rawlings in her written response to Parliamentary Questions about ATVOD posed by Lord Clement-Jones and published on 9 November 2011.
The seven appeals, relating to newspaper and magazine websites, have been lodged by The Guardian, Telegraph Media Group, News Group Newspaper, Times Newspapers, and Hachette Filipacchi. The following is a full list of the dates, companies, and their associated services, that are currently subject of an appeal to Ofcom, according to the ATVOD website.
Belgium and UK asked to implement AVMS in Brussels and Gibraltar
The European Commission has requested Belgium and the UK to implement outstanding provisions of the EU’s Audiovisual Media Services (AVMS) Directive in Brussels and Gibraltar respectively. The request was made on 29 September 2011.
Belgium has notified the Commission of measures to implement the AVMS Directive as regards all audiovisual media services that are established in all three linguistic communities: French, Flemish and German. However, audiovisual media services established in Brussels which are not in French or Dutch fall outside the competence of the linguistic Communities and remain under the competence of the federal authorities. The Belgian federal state has not yet adopted the laws covering these services. As a consequence, on-demand services provided in Brussels in other languages than French and Dutch are not yet regulated. The Belgian authorities have informed the Commission that a draft law is being prepared but is still in a preliminary phase.
The UK has also notified the Commission of measures to implement the AVMS Directive into national law. However, this law does not cover audiovisual services provided in Gibraltar. A draft law is under preparation, but the adoption process is still underway.
The requests are in the form of ‘reasoned opinions’ under EU infringement procedures. Belgium and UK have two months to inform the Commission of the measures they have taken to comply with EU rules. If they fail to do so, the Commission could refer them to the EU’s Court of Justice.
Background
The AVMS Directive (2010/13/EU) ensures a Single Market and legal certainty for Europe’s TV and audiovisual industry by creating a level playing field for both broadcast and on-demand audiovisual media services across frontiers while preserving cultural diversity, protecting children and consumers, safeguarding media pluralism and combating racial and religious hatred. The Directive is based on the “country of origin” principle, whereby audiovisual media service providers are subject to the regulations in their country of origin only and cannot be subject to regulation in the destination country except in very limited circumstances (e.g. incitement to hatred). EU Member States agreed to implement the AVMS Directive into their national law by 19 December 2009 (see IP/09/1983).
The absence of measures to implement the Directive fully in Brussels and Gibraltar denies legal certainty to audiovisual service providers.
UK VOD Services Close as Plans are Announced by Google and Netflix
At least two VOD services have recently closed in the UK, highlighting the difficult competitive and economic challenges that face emerging on-demand services.
SeeSaw has closed after new investors, Criterion Capital Partners, decided not to continue funding after having entered the company in July 2011. SeeSaw had been created by Arqiva in February 2010 using assets from Project Kangaroo, the catch-up TV platform that had been rejected by the UK’s competition regulator. The SeeSaw website offered content from BBC Worldwide, Channel 4, Channel Five and several production companies, but in September of this year, Channel 4 and Five both withdrew their content.
Another service, Itzon.tv has also closed, although the founders are hoping to find new investors. According to an announcement on their website, they decided to close down, ¨both the festival and the channel for the foreseeable future whilst we search for a new investor. We are obviously devastated as we have worked tirelessly on the project to build a community and an engaging showcase of independent film for both filmmaker and film lover.¨
Both SeeSaw and Itzon.tv fell into scope of the new AVMS regulations in the UK, and within the remit of ATVOD, the industry co-regulator for VOD. Under AVMS, on- demand services are required to adhere to specific rules and guidance as well as pay a fee covering the costs of the co-regulatory regime.
Meanwhile, You Tube has named the first 96 original channels it plans to launch in December 2011. The line up includes a Pets & Animals channel, a lifestyle channel, two channels from Hearst Magazines, one from The Wall Street Journal and another from producer, Lionsgate. Sports content will be provided by WWE Fan Nation, and Kick TV will be offered by Soccer United Marketing.
You Tube parent company, Google, has also announced plans to update Google TV, starting with the connected TVs offered by Sony. The new version promises to deliver a more friendly user-interface, improved content navigation, a better YouTube experience intended directly for Google TV that will support HD, and will offer more apps based on its Android operating system via the Android market. Logitech devices will also be updated to Google TV 2.0.
Netflix, the US film and TV service has also announced its intention to launch a streaming service in the UK in 2012.
Falling in scope of AVMS rules under ATVOD is based, among other things, on the jurisdiction of the parent company being based in the UK.
Update, 9 November 2011: Retired Life TV, essentially a video blog with user-generated content about items of interest to older people, such as caravanning, also announced that it was closing its service down. To read the announcement, ¨Gosling Abandons Attempt to work with ATVOD¨, click here.
October - 2011
Free Workshop and Report: TV & On-Demand Services in Russia
The workshop will be opened by Vladimir Grigoriev, Deputy Head of the Russian Federal Agency for Press and Mass Communication.
The presentation of the report by Alexander Shoogol of J’Son & Partners Consulting will provide a comprehensive overview of current trends in the Russian television market and on-demand services in what is the largest market in Europe in terms of population.
Dmitry Golovanov, Lawyer, Moscow Institute for Media Law and lawyer of JSC “WebTV” will make a presentation of the IRIS plus report, “A Landmark for Mass Media in Russia”, written for and published by the European Audiovisual Observatory.
Dr. André Lange, Head of the Department for Information on Markets and Financing at the Observatory, will make a presentation on recent developments in television and on-demand audiovisual services in Western Europe.
Wolfgang Closs, Executive Director of the Observatory, points out that the Observatory publishes a major market report on selected Russian audiovisual industries every year. These publications are provided free of charge by the Observatory as a key information service to European media professionals and decision-makers wanting to know more about the audiovisual industry in Russia. The Observatory also keeps a keen eye on legal developments in the Russian audiovisual field with at least one legal publication on Russia every year.
Entry to the conference free but registration is necessary. If you wish to attend, Email your details to: emuradyan@json.ru
December 2011 Update: The full report is freely downloadable in English and Russian here.
AVMS cited in Ofcom Broadcast Code breaches
The Audiovisual Media Services Directive (AVMS) has been cited in the latest Ofcom Broadcast Bulletin, in which ITV and ESPN were found to be in breach of the rules.
Two rules of the Ofcom Broadcast Code were broken during ITV Morning, a programme broadcast on 29th July 2011. Presenters appeared to promote and endorse a firm of solicitors, thereby also giving ´undue prominence´ to the company.
In its decision Ofcom referred to its obligations to adhere to its international obligations with respect to advertising included in TV and radio programmes, citing Article 19 of the AVMS Directive, which states: ¨television advertising…shall be readily recognisable and distinguishable…from editorial content…and…shall be kept quite distinct from other parts of the programme by optical and/or acoustic and/or spatial means.¨
Similarly the Ofcom Broadcast Code generally prohibits products, services and trade marks from being promoted in programming and any “undue prominence” of products, services or trade marks being given in programming. In this case, ITV was found to be in breach of rules 9.4 and 9.5 of the Code.
In the case of ESPN, Articles 20 and 23 of the EU Audiovisual Media Services (AVMS) Directive were cited in the Ofcom decision. These articles of the Directive set out strict limits on the amount and scheduling of television advertising. Ofcom has transposed these requirements by means of key rules in the Code on the Scheduling of Television Advertising (“COSTA”). Rule 17 stipulates the maximum number of advertising breaks programmes may contain.
In this case, Ofcom found that ten programmes broadcast by ESPN contained more than the permitted number of advertising breaks stipulated in Rule 17 of COSTA, and concluded that this was largely the result of human error.
Ofcom´s Broadcast Bulletin summarises complaints and breaches of the Broadcast Code, which sets the rules for what broadcasters may or may not broadcast. The full text of the decision can be found in the latest edition, click here.
A summary of the incident as reported in at Out-Law.com, click here.
Ruurd Fenenga, Cinematographer, commissioned by UPC
Broadcast Projects associate, cinematographer Ruurd Fenenga, was commissioned by UPC to film a promotional video for the Dutch newspaper de Volkskrant, one of the sponsors of the Netherlands Film Festival, which took place in Utrecht from 21 till the 30 of September, 2011, where it was shown before the screening of each movie. It was shot using Ruurd´s own Canon 5-D Mark II digital SLR camera and was later transferred to film in order to project this promotion in all the theaters in Utrecht. The promo starred Halina Reijn who has been starring in features like “Blackbook” and “Valkyrie”. Ruurd Fenenga is a Cinematographer, Videographer and Instructor.
To see more of his work, click here.
Rod Large signs Motorvision Group Munich
Channel launch specialist Rod Large has joined Broadcast Projects‘ roster of expert consultants. Rod has just closed a major distribution deal for client Motorvision Group Munich. The Motorvision TV Channel has signed a 4 year contract with Orbit Showtime Networks Dubai to distribute the pay TV channel in the MENA region.
The launch date is November 12th at the Dubai Car Show. The video content will also be available on Arvato’s MENA mobile service from the end of 2011. Motorvision Group own one of the largest automotive TV libraries in the world with over 5,000 hours of broadcast ready programming. The international channel will be in HD / 3D English with Arabic subtitles. The channel launched in German speaking Europe in 2009 and has proven itself to be highly popular with the key 16-35 year old male demographic. Further channel launches are planned for Turkey, India, Canada and other region.
New Study on European Works relating to AVMS
The European Commission will publish by the end of 2011 a new study on the provisions of the Audiovisual Media Services Directive concerning the promotion of European works in audiovisual media services (including television programmes and on-demand services). The study relates to Articles 13, 16 and 17 of the Directive, and is expected to be published in December 2011.
A public workshop about this study took place on 14 September 2011 in Brussels. At the workshop, the preliminary draft study Report and Appendix were made available for participants. These documents are not the final versions of the study, but they were made available to delegates in order to collect some feedback and input before being finalised.
Similar studies were published by the Commission in 2005 and 2009. At that time the current Television Without Frontiers Directive (TVWF) regulated only linear broadcast services. The 2011 study will however cover both linear and non-linear services in 31 EU Member States and EEA Member States. It will include a legal analysis of implemented measures and an economic analysis of the market for European works. The study will also include a survey of the actual levels of promotion and consumption of European works in a sample of 11 EU Member States, and a prospective evaluation of the impact of changing economic, regulatory and market conditions on European “culture”.
A website has been created, click here, which is designed to inform market players about the study, which is being managed by the consortium selected by the Commission, comprising Attentional, Headway International, Oliver & Ohlbaum and Gide Loyrette Nouel.
For more information, or for a copy of the provisional report, please contact us.
September - 2011
NDS Surfaces – Looking Ahead
The NDS demonstration at IBC certainly had the ´wow´ factor. Broadcast Projects was there, and it was impressive. We were already thinking about more immersive media in an earlier post, Ghosts in the Machine, by Chris Arkenberg, in which he examines how the built environment can be merged with media space, and how architecture could take on new roles related to branding, image and consumerism.
Indeed, NDS is on the way, with its ¨Surfaces¨ demo, shown above. There were a few excellent overall reviews of the NDS Surfaces demo. For convenience, we list a few of them here:
The V-Net Review of the NDS Surfaces demo – by John Moulding
Informa TV´s Review of NDS Surfaces – by William Cooper
http://vimeo.com/26047677
Based on your keywords, I´ve determined that you are having an affair with Sam.
AVMS Lunch on 20 October in London
Broadcast Projects will host its 3rd industry lunch focused on developments around the implementation of the Audio Visual Media Services Directive (AVMS), on 20th October in London.
The intention of the AVMS Directive, which replaced the Television without Frontiers (TVWF) Directive of 1989, is to bring the EU’s broadcasting rules up to speed with the digital age. TVWF only covered broadcasting whereas AVMS specifically extends regulation to on-demand services, which had never been regulated before. This new law came into force early in 2010, and affects all video- -on-demand service providers that meet the criteria of the Directive.
The industry lunches are intended to facilitate conversations and the exchange of views. We will also be discussing AVMS implementation in the context of the forthcoming Communications Bill.
If you are interested to attend, please request an invitation at the link below.
Date: Thursday, 20 October
Time: 12.30 for 1pm lunch
Place: Özer Restaurant, 5 Langham Place,
London W1 (at the top of Regent St, and just a few steps in front of All Souls Church and the BBC)
Map: http://www.ozerrestaurant.com/find_us.htm
Özer is a Turkish restaurant and at previous events we have usually ordered the ´healthy´ mezze set lunch all-around, which offers plenty of choice including vegetarian options.
This event is by invitation only, however if you are interested to attend, just click here and drop us a line, and we will try to accommodate your request.
Alan Mercer Heads Technical Launch of Allocine
Broadcast Projects consulting associate Alan Mercer, of GBF Media, headed the technical launch team that saw the birth of Allociné, a TV channel dedicated to the world of cinema, launched in Paris on 5th September. The production and transmission facilities known as Pixagility, based in the Parisian suburb of Boulogne were part-designed and built by Alan who consequently supervised the launch of the platform’s first full-time channel clients.
The 24/7 TV channel is running on a Pharos MAM solution (now Evertz) with IP encoding on site to four French IPTV platforms, with satellite (Canal Sat) due on 20th September. In terms of content, a different movie is shown every night, as well as varied programming regarding the cinema industry.
Allociné already has a very strong web offer, its main business being the sale of cinema tickets and associated products. In 2010 it sold over one million cinema tickets with a turnover of €25 million. The site was one of the first sites to offer HD clips and trailers on-line in the mid-1990s.
A Look Back at IBC 2011
IBC 2011, phew!, it´s over, and it´s taken more or less one full week to recover. To start a fresh week on a light note, enjoy this gallery of images from the show, including the very excellent event hosted by NDS (shown above, left, Simon Parnall, Director of Advanced Technologies of NDS, and see our separate post about their hit IBC demo, NDS Surfaces).
We also have an outrageous and upbeat IBC Exhibitor´s Party video which was held on 9th September. Accolades to the gentleman with crazy moves who walks off the dance-floor at the end of this video. Sir, we humbly salute you!
New EC Enquiry on AVMS Implementation
On 1st September the European Commission sent a second round of letters to eight EU Member States to request information about their implementation of the Audiovisual Media Services Directive (AVMS). The replies from Austria, Cyprus, Estonia, Germany, Hungary, Latvia, Lithuania and Luxembourg are due within 10 weeks.
The AVMS Directive ensures a Single Market and legal certainty for Europe’s TV and audiovisual industry by creating a level playing field for both broadcast and on-demand audiovisual media services across frontiers while preserving cultural diversity, protecting children and consumers, safeguarding media pluralism and combating racial and religious hatred. The Directive is based on the “country of origin” principle, whereby audiovisual media service providers are subject to the regulations in their country of origin only and cannot be subject to regulation in the destination country except in very limited circumstances (eg, incitement to hatred). EU Member States agreed to implement the AVMS Directive into their national law by 19 December 2009.
The fact-finding letters are part of the Commission’s efforts to ensure that the national media laws of all Member States correctly implement all aspects of the AVMS rules. The issues raised vary from one Member State to the other. The requests for information do not imply that the Directive has been incorrectly implemented by the Member States concerned but simply that, at this stage, the Commission has some outstanding questions concerning their implementation of the Directive.
The Commission sent a first round of letters to 16 Member States in March 2011 (Belgium, Bulgaria, Czech Republic, Denmark, Finland, France, Greece, Ireland, Italy, Malta, The Netherlands, Romania, Spain, Sweden, Slovakia and the United Kingdom).
Slovenia has not notified to the Commission any measures to implement the AVMS Directive into its national law and Poland has only partially notified some measures. These two Member States are currently subject to infringement procedures. The Commission is still analysing the measures notified by Portugal.
The following wide range of issues related to the implementation of the Directive have been raised in the requests for clarification:
- the country of origin principle and jurisdiction issues concerning audiovisual services
- audiovisual commercial communications (including product placement and sponsorship television advertising and teleshopping)
- basic obligations under the Directive (such as identification requirements, rules on incitement to hatred, on accessibility, balanced coverage obligations, registration of on-demand services)
- the protection of minors
- promoting European works
- events of major importance to be broadcast on free to air television and short news extracts
- cooperation between regulators.
For more information about the implications of AVMS for VOD providers in Europe, please contact us.
Public Stakeholders Workshop on AVMS European Works
A free public workshop for stakeholders, on the “Promotion of European Works in Audiovisual Media Services”, will be held in Brussels on 14 September. The workshop will present the preliminary final report, which will be made available in advance, of a new study conducted by Attentional Ltd, in partnership with Headway International, in 2011.
The study investigates for the first time the promotion of European works on both linear and non-linear services within the context of the new, recently-implemented Audiovisual Media Services Directive (AVMS). Similar studies published by the Commission in 2005 and 2009 at the time only took into account linear broadcast services regulated under the former Television Without Frontiers Directive (TVWF). This was updated by AVMS which came into force across Europe in 2010. Articles 13, 16 and 17 of the new directive pertain to the promotion of European works in EU Member States.
The 2011 study covers both linear and non-linear services in 31 EU Member States and EEA Member States. Its contents include :
- a legal analysis of the implemented measures
- an economic analysis of the market for European works.
- a survey of the actual levels of promotion and consumption of European works in a sample of 11 EU Member States, and
- a prospective evaluation of the impact of changing economic, regulatory and market conditions on European “culture”.
Objectives of the study included defining performance indicators and operational procedures for periodical monitoring and assessment activities, as well as checking the practicability of these for on-demand services, through a “reality test”. The goal has been to provide the Commission with the necessary elements to assess whether the provisions of the AVMS Directive are sufficient to safeguard European works within the audiovisual media services of Member States.
The meeting in Brussels is to provide stakeholders with the opportunity to discuss the key findings. A copy of the report will be made available to registered participants before the workshop, and translation services will be provided in DE, EN and FR.
The project team will present the outcome of their analysis of the transposition of the relevant provisions of the AVMS Directive, the trends in the content industry economics and in the offer and consumption of European and independent works in EU audiovisual media services.
They will also present the indicators they consider relevant for the monitoring of the application of these provisions of the AVMS Directive and discuss market perspectives and their possible regulatory implications. Participation is free of charge, but registration is mandatory.
For further information about information and registration, click here.
New Work Streams in Audiovisual Media Accessibility
The 2nd meeting of the ITU-T Focus Group on Audiovisual Media Accessibility will be held on 15 September 2011 in Geneva.
This relatively new group, which started its work in May 2011, is under the chairmanship of industry experts Peter Olaf Looms (EBU and Denmark) and Masahito Kawamori (NTT, Japan). The main objective is to address the need to make audiovisual media accessible for persons with disabilities. The focus is on digital media including TV, IPTV, mobile the Web and games. Accessibility is interpreted broadly and encompasses not only persons with sensory impairments but also age-related difficulties when it comes to enjoying things like television, films and games.
The Focus Group encourages participation of all standards development organizations (SDOs) and regulators working in this area. The FG AVA is open to ITU Member States, Sector Members, Associates and Academia – membership of the ITU is not required. It is also open to any individual from a country which is a member of ITU and who is willing to contribute to the work. This includes individuals who are also members or representatives of SDOs as well as other interested stakeholders. The third meeting will be held on 17 November 2011 in Barcelona.
The work plan is extensive, covering:
- Captioning
- Audio/Video description and spoken captions
- Visual signing and sign language
- Emerging access services
- Electronic Programming Guides and on-air promotion
- Participation and digital media
- Digital Broadcast Television
- IPTV
- Mobile and handheld devices
Participation in meetings is free but requires prior registration for each meeting. More information, including registration details, at this link.
Ghosts in the Machine: Digital Identities & Online Privacy
Two articles recently published on digital identities and online privacy provide interesting food for thought. Chris Arkenberg of Cagefree Consulting looks at digital identities in ubiquitous computing environments in his article, Getting to Know your Ghost in the Machine, and Kevin Gold analyses The Leaky Nature of Online Privacy.
Chris Arkenberg’s article, which can be accessed here, explores the experiences that can be made possible through the interaction of mobile devices through the networked environment. ¨Just as your face & voice provision you with access to your parent’s home and induce birthday parties in your name, mobile identity confers digital membership and can initiate personalized experiences around you,¨ he says.
The article discusses the realm of possibilities, illustrated by some thought provoking concept videos. One is from Greg Tran, on native augmented reality, which looks at how local networks might push experiences out to individuals based on profile & location, and the other, Domestic Robocop, by Keiichi Matsuda (pictured above and below), illustrates a waking nightmare of data saturation in a dynamic media landscape.
It is all very thought provoking stuff, and raises, not least, interesting questions for the future of pay-¨TV¨ in the context of provisioning entertainment/information services within networked home and public environments. Is our current vision too limited? There are also a host of regulatory concerns to consider: public and private identity issues, privacy, cultural sensitivities and the role of social media.
“Nymwars” is the hashtag given to the recent intense debate on Twitter as a result of the Google + policy requiring users to use real names, as opposed to fake names or ‘pseudonyms” from which the term takes its name. However, whether we are using real names or not, we are revealing far more information about ourselves than ever before, even if we deliberately choose to hide it.
Kevin Gold’s recent article, which can be found here, demonstrates how network analysis can betray our attempts to completely ‘hide’ our personal details. On the flip side of this coin, Gold argues that “information becomes more trustworthy than a traditional paper résumé once a person’s profile has at least 10 links, because people are less willing to stretch the truth in front of their friends and colleagues.”
It would be great if folks with perspectives like these could contribute to events such as the forthcoming 2nd Annual European Data Protection and Privacy Conference. See the conference programme and list of speakers here.
As Chris Arkenberg concludes, ¨Our devices will identify us and our digital ghosts will betray us to their friends.¨
Highly recommended. Get a cup of coffee and sit down for some quiet time, read these, and watch the videos.
August - 2011
Hbb and Connected TVs .. Securing creativity and content
With sales of connected or smart TVs reaching 40 million units in 2010, another 60 million forecast for 2011 and growing fast to over 500 million units shipped by 2015 can content providers be sure that their services and apps are secure?
Already the EBU – echoed by other broadcaster groups – has expressed concern about the need to protect the integrity of, and investment in, their content. Equally, many consumer electronics companies are expressing the need for clear roadmaps and standards.
Recognising that content creation and investment is key to the attraction of hybrid services and devices to consumers AEPOC & Intellect – Europe’s audiovisual anti-piracy association and the UK’s technology association – have come together to organise a discussion to explore whether connected TV devices and hybrid platforms offer adequate safeguards against copyright infringement.
Opening words will be given by Marc Welinski, Director of Marketing and Commercial Strategy from Eutelsat, host of the AEPOC and Intellect event at IBC.
Moderated by Julian Clover, digital TV expert and journalist, the discussion will bring together leading players from the consumer electronics, content and security worlds.
Confirmed speakers include: Michael Barley, Group Director of Security, BSkyB; Sylvain Audigier, Director of Department of Innovation, New Technologies and Networks, TF1; and Christine Maury-Panis, Executive Vice President and General Counsel, Viaccess-France Telecom.
Among the questions which will be discussed are:
- can device manufacturers provide the required safeguards to content providers;
- are there lessons to be learned from the pay TV STB model;
- who maintains the security; who is responsible if the security is broken;
- how are content providers remunerated;
- will the existence of more than one security system hinder the growth of Hbb?
Hosted by Sheila Cassells, Executive Director of AEPOC and William Higham, Director Consumer Electronics, Intellect, the event will be held at IBC2011 in Amsterdam on Sunday 11 September 2011 at 12.30 CET. Registration required. Contact: Ansgar Gerber a.gerber@susbauer.de
Time Again for Amsterdam in September and IBC
Many of the Broadcast Projects associates will be participating in the annual International Broadcasting Convention taking place at the RAI Exhibition Center in Amsterdam. IBC is an annual event for us, and many of our consulting associates will be present. See our IBC 2011 Party & Event List.
IBC takes place from 8-13 September 2011. The conference begins on Thursday 8th September, and the exhibition opens on Friday the 9th. Free registration for the exhibition ends on 19th August (the earlier deadline having been extended two days), so visit the IBC website now to get your free entrance pass. Read more about the IBC Exhibition here. The conference is a separate, paid-for event, with a usually robust and intriguing conference programme. All details can be found on the IBC website.
The main attraction of IBC is the convivial atmosphere that has always been conducive to forging new business and reinforcing contacts with industry colleagues.
Nearly 50,000 people from 140 countries attend IBC, making it a great central meeting point for covering the latest developments in broadcasting, mobile TV, IPTV, digital signage and R&D.
For Broadcast Projects it is an essential event. Confirmed so far to attend are Janet Greco, Alan Mercer, Ruurd Fenenga, Sebastian Becker, John Holland, Benjamin Schwarz and Sheila Cassells, who is hosting an HBB/Connected TV event.
For more information about how and where to catch up with us during the show, contact us.
New CSA Report on Business Models for On-Demand Services
| The French audiovisual regulator (CSA) has released a report on the business models for on-demand audiovisual media services active in the French market. The survey deals with cost and revenue models, as well as the contracting practices binding various stakeholders (publishers, rights holders, distributors).
The majority of European countries are also concerned with similar issues in the context of the Audio Visual Media Services Directive (AVMS). The report was commissioned from IDATE. The report can be downloaded for free here. For more information about AVMS, contact us. |
July - 2011
The “Rising and Disproportionate Cost” of VOD Regulation
Lord Clement-Jones has urged the creative industries minister to take a greater involvement in combating the “rising and disproportionate cost” of the Video On Demand co-regulation scheme, under ATVOD and Ofcom, in an article published on 5th July.
In it the Lib Dem peer makes the following remark:
Under the new fees structure announced last week, fees for this financial year will be based on the revenue of the holding company rather than the website involved, and so will place a disproportionate burden on these services.
Not only does it appear that the fees are disproportionate for the services, but they also appear disproportionate to the obligations that ATVOD is tasked with carrying out.
On the same day, the subject was discussed in Parliament:
Baroness Rawlings: The AVMS-audiovisual media services-directive has been implemented by way of co-regulation under which Ofcom has given the day-to-day responsibility to the Authority for Television on Demand, which to simplify I will refer to as ATVOD in future. It is for those two bodies to make certain that the system works. Ofcom plans to review this after March 2012. Ministers are aware of the range of concerns that have been discussed with Ofcom, ATVOD and the industry.
Lord Clement-Jones: My Lords, I thank my noble friend for that reply, which is reassuring because surely ATVOD is everything an industry-based co-regulatory scheme should not be: expensive, too wide in scope, far from light touch and, indeed, already giving rise to litigation. I am delighted to hear that the DCMS will be making sure that ATVOD is fit for purpose.
You can read the full text here, which also covers concerns about putting “simple practical steps” in place to protect children from inappropriate content online.
Broadcast Projects Industry Event – 18 July
Broadcast Projects hosted an AVMS Industry Lunch on 18h July.
Attendees included representatives from Microsoft, Sony, Virgin Media, European Parliament and BBC Worldwide.
The next event will be held on Thursday, 20 October, for further information please click here.
London Design Festival Event
Sojournposse will be hosting another Inspiration Room event at The London Design Festival 2011. Under the direction of Zarina Holmes, Creative Director and Salina Christmas, Editor, this year’s theme will be “Whatever is to become of books?”. This will be the posse’s third year participating in the world’s premier design event, celebrating London as the Creative Capital of Europe.
The theme, “Whatever is to become of books?”, addresses the future of books as the placeholder of ideas in the digital age. Now that we consume information online and in downloads, what would happen to storytelling? Are we ready for a life without books? The seminar will pool contributions from book publishers, designers and multimedia storytellers.
Confirmed speakers include The British Library, Blurb Books (Blurb.com), The Comics Grid, Not on the Wires, The Ballet Bag, Photo Book Club and the Oxford International Centre for Publishing. Also on the panel will be Sam Syed, creative director of Bonnier Publishing to talk about Mag+, the platform creator of the British Journal of Photography’s latest iPad application.
This event is backed by Department of Anthropology, University College London, in support of the masters programmes targeted at the design, creative and advertising communities. This event is also done in support of the 3/11 Tsunami Photo Project for iPhone app.
Venue:
UCL Gustave Tuck Lecture Theatre, Wilkins Building, UCL Main Campus, Gower Street, WC1E 6BT.
Tubes: Euston. Euston Square. Warren Street.
Click here for tickets and further information.
Latest from our Creative Partners
The June/July 2011 of Sojournposse, in association with Not on the Wires is now online. Eid al-Adha or “The Festival of Sacrifice” is a special occasion where the Muslims contribute to the poor. David Salas witnesses how it is celebrated in Ghana. Read more about the stories in this edition here.
Oil Studios latest interactive game is titled Lynx Excite. Oil Studios developed the interaction design and technology for Lynx’s latest campaign “Fallen Angel”, which integrates Facebook images, Google Street View and more. Read more about it here.
The latest from Not on the Wires from July 2011, is titled India: life as they know it, a story in pictures, of one organisation’s mission to educate and care for India’s street children in Mumbai, by Dominique van Heerden and edited by Douglas Ackerman. Read more about it here.
All Content Now?
The next ATVOD Industry Forum is due to be held on 19th July in London, at Portman Square. The Industry Forum was established in March 2011, and the first meeting was held in May. In the interim, ATVOD released its new fee structure on 28th June. It will be interesting to see the industry’s reaction to the new structure, and to see how the work plan going forward to improve the co-regulatory structure will evolve.
June - 2011
ATVOD Fees Update
ATVOD, the regulator responsible for enforcing the Audiovisual Media Services Directive (AVMS) have released their new fee structure today, 28 June, for the coming year ahead. The details can be found here.
For large companies that fall into the “Super A Rate” category with annual turnover above £25m, it will mean an increase from £ 2900 in Year 1, to £10,350 for Year 2 fees. However, for smaller companies, the numbers have dropped significantly.
One interesting extract from the statement can be found in para 4.6. which states: “In many EU member states the VOD industry is at a much less advanced stage than in the UK. Comparisons between the cost of regulation in the UK, which has over 140 such services, and the cost in countries with few VOD services are therefore of limited validity.”
In contrast, the Dutch Media regulator has stated that the VOD registration fee will be about 150 Euros a year. Even though there are economic differences in the way that regulatory costs are apportioned in each country, ATVOD’s statement would appear to be in conflict with the Dutch regulator’s opinion that there could be 300-500 services in scope, highlighting the differing approaches to scope from one member state to the next. See our separate report here.
For an excel analysis of the fees options that were set forth in the ATVOD consultation, and the corresponding consultation responses, and for further details about video on demand regulation under AVMS, please contact us.
Report of the AVMS meeting hosted by the Dutch Ministry
The Dutch Ministry hosted a seminar on the AVMS Directive together with European Audiovisual Observatory on 16 June 2011. The seminar focused on describing and discussing the main trends in the European audiovisual market and the legal consequences of those changes. Given the central role of innovation and the growing importance of online distribution of audiovisual content, three keynote speakers from UPC, Google and Philips shared their views on the opportunities, threats and consequences of the major trend to switch to on-demand services.
We post here a brief report of the day:
The European Observatory presented a good overview of the rise of video on demand services – especially the instant rise of online on demand services. The European Observatory also identified five categories of difficult categories to regulate, ie:
non-commercial organisations (so no economic activity involved) that host online video services (like Europeana),
small sites that offer TV-like content,
sites of online newspapers that extensively use video,
sites that use user generated content (UGC), and
sites that aggregate existing video content etc.
The European Audiovisual Observatory also stated that that had to revise their opinion that the main platform for on demand services will be cable and satellite; there now is a strong shift towards online on demand services like Hulu, Netflix, etc.
Main conclusion of the European Observatory was that Regulatory Authorities probably will be the losers because of the difficulty to regulate online on demand services. One representative of the European Commission stated that regulators do to take their jobs too seriously, for instance there is no legal obligation to monitor 24/7, thereby implicating that it was much to do about nothing. Market parties (ie RTL) stated that on demand services have grown with 60% this spring compared to spring last year, so importance of on demand video increases.
Dutch media regulator will publish its Guidelines within short time frame; they stated that they have identified about 300-500 companies that could be classified as on demand (non-linear) video providers, compared to about 200-300 licences for traditional broadcast channels that are now licenced in the Netherlands.
So it was a good session in the sense that it concluded that (1) on demand services really do take off in Europe (although to a lesser extent compared to US because of copyright issues) and (2) regulators will face a tough job to regulate non-linear AVMS services.
The European Commission will publish its Green Paper on Audiovisual Services on 13th July. It will be interesting to see whether the issue of (non) regulation of non-linear AVMS services will also be part of this Green Paper.
May - 2011
New Audiovisual Markets Regulated?
The Dutch Ministry is hosting a seminar on the AVMS Directive together with European Audiovisual Observatory on 16 June 2011.
The Dutch Minister of Education, Culture and Science, in her capacity as minister responsible for the Presidency of the European Audiovisual Observatory 2011, is pleased to announce the seminar New Audiovisual Markets Regulated? Market innovation and the role of regulation in the Netherlands and Europe, which will take place on the 16th of June.
Theme of the day
The national audiovisual markets of European countries are moving towards an increasingly integrated European market and legal system, which is regulated by a pan European legal framework. This adds to the importance of European cooperation in the media sector.
This seminar seeks to further this objective by bringing scientists, representatives of companies and governments together in order to facilitate the exchange of experiences, views, lessons learned and best practices.
The seminar will focus on describing and discussing the main trends in the European audiovisual market and the legal consequences of those changes. Furthermore, given the central role of innovation and the growing importance of online distribution of audiovisual content, three keynote speakers from UPC, Google and Philips will share their views on the opportunities, threats and consequences of the major trend to switch to on-demand services.
Ed Richards quizzed on ATVOD
Check out the latest comments by Ed Richards, quizzed by Dr Coffey on the work of Ofcom, in this as yet uncorrected transcript of the session before the Parliamentary Select Committee on Culture, Media and Sport, on 3 May 2011. This document includes comments on the current state of regulation by ATVOD of VOD services in the UK, the issue of newspapers being caught in scope, the need for content labeling and more.
Virgin Media Hands-On Tivo Review
Following the delivery of the first TiVo boxes to Virgin Media’s customers (after a period of beta-trial amongst Virgin employees) PayMedia and TBB have conducted a detailed review of Virgin Media’s newly released HD TiVo PVR.
The outputs of our review include a video-based walk-through of the UI and of some of the key ‘applications’ available on the TiVo device. In addition, the review provides an analysis of the product which contains a variety of supporting screenshots.
Despite delays and expectations set by fairly low-level teaser marketing and company announcements, Virgin Media’s TiVo product has turned out to be a derivative of the US TiVo Premiere / Premiere XL product, rather than a dedicated European / Pay TV software build.
There has been very little modification or adaptation in the product to meet the needs of the Pay TV market, and of the UK TV landscape other than a very basic integration with Virgin’s VOD back-office.
The basis of Virgin’s TiVo, the TiVo Premiere is a product that reviewers in the US have considered to be a window-dressing of the TiVo Series 3 rather than a revolutionary new product and the TiVo Premiere has failed to excite the US market since its launch in March 2010.
For more information and access to the full review, contact janet@broadcastprojects.com
CULT Audiovisual Policy Event on 13 July
CULT, the Culture and Education Committee of the European Parliament, will hold a public hearing on EU audiovisual policy in the course of its meeting on the afternoon of 13 July 2011.
The hearing is intended to offer a chance for a general overview of current and likely future developments in the area, but is also loosely connected with an INI report by Mr. Borys (PL, EPP) on the same subject, drawn up in response to COM (2010) 0487 “Opportunities and challenges for European cinema in the digital era”.
The panel of four experts who will take the floor is finalised, but their names, and the final programme, have not yet been released as of end June, however we will post it here as soon as it becomes available. The public hearing will take the form of a panel session with each of the four experts making their presentations, to be followed by a debate with MEPs. Representatives of the PL Presidency (to be confirmed) as well as the Commission will participate in this hearing. The experts involved in this event will be representatives from copyright collection, cinema/film, journalism, and a public broadcaster.
The general public may attend, but are not allowed to participate in the discussion.
The main goal is to provide a focus for debate and new legislative proposals on the new MEDIA programme (2014-2000) and also digital cinema. However the legislative proposal on the MEDIA programme is not expected before several months, so the debate will go ahead without knowing what the proposal will contain. A public hearing will take place on the same day on the future of the EU audiovisual policy in the digital area (covering AVMS).
The CULT Committee will also start working on two legislative proposals: one relating to the OHIM (Office of Harmonization for the Internal Market) and another relating to orphan works. The Committee on Legal Affairs (JURI), which prepares many important decisions of the European Parliament, is the lead committee for these two reports. CULT will also start work on a non-legislative opinion to the Industry, Research and Energy Committee (ITRE) on “A Competitive Digital Single Market: E-Government”.
To participate on 13 July, you need to notify the CULT committee of your wish to participate, or contact us for further details.
Broadcast Projects Lunch on UK AVMS Implementation (May)
Broadcast Projects hosted a lunch event sponsored by Microsoft on 19 May 2011 in London. The topic was be implementation of the Audio Visual Media Services Directive in in the UK. A second event on this theme will be held in mid-to-late July.
The Directive, which replaced the Television without Frontiers Directive of 1989, was adopted in December 2007 with the intention of bringing the EU’s broadcasting rules up to speed with the digital age.
Audio Visual Services have traditionally been delivered by broadcast and cable networks, which are covered by extensive regulation. The internet has been relatively lightly regulated. Therefore politicians began to update the EU regulatory framework to cover the public´s increasing consumption of content over the internet.
¨Television Without Frontiers”, only covered broadcasting. But AVMS specifically extends regulation to on-demand services, which had never been regulated before. The aim of AVMS therefore has been to reduce regulation and create a level-playing field for audio visual media services across borders while maintaining high standards for consumer protection.
The intention of AVMS is to bring a set of ‘minimum content standards’ to on-demand services, and to bring in line these services with current broadcasting legislation.
This new law, which came into force early in 2010, is the subject of intense ongoing debate in the UK, which is the only European country to have adopted a co-regulatory system, with ATVOD having been appointed as co-regulator, with Ofcom retaining back-stop powers.
If your company could be interested to sponsor this event, please get in touch.
To register your interest to participate, please contact janet@broadcastprojects.com.
April - 2011
EU Regulation Impacting Connected TV
Broadcast Projects Principal Consultant Janet Greco and network partner Sheila Cassells have conducted a wide-ranging foundation study on EU regulation related to the connected TV space. This is a nascent area with many complicating factors for multiple areas of regulation.
Anyone not staking out a position (as the broadcasters are now doing) are likely to be unprepared for the lobbying that lies ahead. We expect there to be growing interest and concern in this area, from many conflicting perspectives.
Be sure to enquire early to get your invitation for the AEPOC/Intellect hosted event at IBC 2011, on 11 September in Amsterdam. The discussion: “Hbb and Connected TV – Securing Creativity and Content”. Click here for details.
CSA Conference on Connected TV
The CSA (Conseil Supérior de l´Audiovisuel), the French regulatory body, organised a symposium on Connected TV on 28 April 2011 at the Musée du Quai Branly in Paris.
It featured speakers looking at the future regulatory landscape from the French broadcasters perspective, but also included other perspectives from representatatives from Google TV, Samsung France, Dailymotion, LG and Sony France.
Helpfully, the CSA has put the entire conference online. Accessible here.
For more information about regulation impacting connected TV in Europe, contact: janet@broadcastprojects.com
Digital Agenda Assembly, 16-17 June 2011
The Digital Agenda Assembly, organised by the Commission’s Vice-President Neelie Kroes, as a first follow-up of the Digital Agenda, will be held in Brussels on 16-17 June 2011. The event will be held as a string of workshops, that corresponds to Digital Agenda themes and actions. Please see more by following the link, where you can also register to participate:
http://ec.europa.eu/information_society/digital-agenda/daa/index_en.htm