European Commission Floats Broad Package Of Reforms For Digital Single Market 25/05/2016 by Dugie Standeford for Intellectual Property Watch Leave a Comment Share this:Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Facebook (Opens in new window)Click to email this to a friend (Opens in new window)Click to print (Opens in new window)The European Commission today unveiled a raft of strategies aimed at boosting the European Digital Single Market (DSM). Among them, the EC rejected the idea of imposing one-size-fits-all rules on online platforms but said it will consider sector-specific regulation to address specific problems relating to such platforms, including in the area of copyright. EC press conference- left to right: Andrus Ansip, Elżbieta Bieńkowska, Günther Oettinger, Vĕra Jourová Plans for modernising the Audiovisual Media Services Directive (AVMSD) won praise from telecom, tech and audiovisual authors’ groups. There was some concern from the online civil liberties perspective. The AVMSD has governed A/V media for nearly 30 years, but viewers not only watch video content on television but also increasingly on video-on-demand (VOD) services such as Netflix and video-sharing platforms such as YouTube, the EC said in a press release. Updating the directive will ensure a better balance among traditional broadcasters, VOD providers and video-sharing platforms, particularly in the area of child protection, it said. “New Approach” to Online Platforms The proposal (information here) “reflects the new approach of the Commission towards online platforms” such as online marketplaces, search engines, payment systems, social media and video- and content-sharing sites, the EC said. It concluded that a standardised approach to such diverse services would not benefit consumers, but said it will “look at each area where it can act, from telecoms to copyright rules, to address any specific problems in a future-proof way for all market players.” Services from online platforms are desirable to Europeans and to Europe’s economy, Digital Economy and Society Commissioner Günther Oettinger said at a press briefing. The question is whether any legislation is needed on how the platforms work and offer their products, he said. The new problem-driven approach links three pieces of legislation: the AVMSD update, and telecom and copyright packages due in the fall. The EC will only propose rules designed to ensure that there is fair competition between traditional broadcasters and online platforms, he said. Under the proposals, platforms that organise and tag a large quantity of videos will have to safeguard minors from harmful content and protect all citizens from incitement to hatred, the EC said. Measures include tools allowing users to report and flag harmful content, age verification or parental control systems. Audiovisual regulators will have to be “truly independent” from governments and industry, and a European Regulators Group for Audiovisual Media services, composed of all 28 national regulators, will be created. The updated directive will also require VOD providers to ensure that they offer at least 20 percent of European content in their catalogues, and give broadcasters more flexibility about when they show ads. Many Reactions The Computer & Communications Industry Association applauded the EC decision not to impose across-the-board rules on all platforms. The EC “rightly understood that online platforms differ greatly” and that regulation covering all companies “in one of the most innovative and dynamic sectors would have been unnecessary and futile,” said CCIA Europe Vice President James Waterworth. But, he said, the EC could hamper the growth of Europe’s online video market by requiring VOD providers to contribute to national funds in possibly all 28 member states and by setting cultural quotas. The European Telecommunications Network Operators’ Association welcomed the EC approach of looking at the broader digital value chain in online platforms. It backed the EC proposals to create a level playing field for comparable services, transparency and fairness, responsible behaviours of online platforms and non-discriminatory markets. The Society of Audiovisual Authors called the AVMSD update “an important milestone in the development of the EU’s cultural policy,” but said the 20 percent catalogue quote for platforms is “insufficient, because broadcasters are required to have 50 percent of European content. One civil society group panned the AVMSD and online platform proposals, charging that they will allow European fundamental rights such as free speech to be regulated by companies. “The Communication on Platforms worries us most,” said European Digital Rights (EDRi). The document “repeats ‘voluntary measures’ almost like an ideological mantra – whatever the question is, the answer is always ‘platforms can fix it.’ What about public authorities’ responsibilities to enforce the law?” The communication on online platforms is a “key step in the right direction for Europe to take the lead in ensuring fairness and competition,” said Independent Music Companies Association Executive Chair Helen Smith. The Interactive Advertising Bureau praised the focus on digital economic opportunities but warned against the “risk of legislative indigestion.” The proposal on online platforms “adds to the legislative swirl by placing a set of fundamentally different digital actors – including advertising players – under the aegis of a new EU-level concept of ‘online platform,’” said IAB Europe Policy Committee Chairman Allan Sørensen. The EC has “delivered a strong endorsement of industry-led efforts to tackle illegal content online,” said the European Internet Services Providers Association. That will encourage more collaboration among stakeholders in developing better ways to cooperate against such material, it said. The package also includes a proposal to end geo-blocking by online sellers of buyers in other countries (information here). The European Consumer Organisation said the move is “great news for European consumers,” but that it’s “regrettable” that they can still be prevented from buying digital products such as ebooks and music from sellers based elsewhere. But Federation of European Publishers President Pierre Dutilleul said that given the fact that the ebook market is still in its infancy in most European countries, and that the impact of a geo-blocking regulation on the sector hasn’t yet been assessed, the EC was right to exclude such products from the proposal. Share this:Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Facebook (Opens in new window)Click to email this to a friend (Opens in new window)Click to print (Opens in new window) Related Dugie Standeford may be reached at info@ip-watch.ch."European Commission Floats Broad Package Of Reforms For Digital Single Market" by Intellectual Property Watch is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.