The audiovisual sector and the transposition of the AVMSD

Transcription

1 The audiovisual sector and the transposition of the AVMSD European Commission DG Information Society and Media Audiovisual and Media Policies 1

2 Media consumption (per category) TV viewing time continued to increase in The averages vary from 145 min in Austria up to 265 min in Hungary [1]. Number of TV channels globally available on different platforms continues to grow and has reached the level of 7600 at end 2010[2]. IPTV services available at December 2010 in the EU totalled 88. Pure VoD services on the Internet at mid 2010 were estimated at 165 [3]. Real time entertainment (streamed or buffered real time audio and video) is dominant driver of data consumption, up to 43% of total interne traffic is real time entertainment. [4]. [1] Source: European Audiovisual Observatory [2] Source: European Audiovisual Observatory MAVISE database [3] Source: European Audiovisual Observatory [4] Source: Sandvine, Global Internet Phenomena Report Fall

3 Linear TV average daily viewing time in Europe 3

4 Linear TV average daily viewing time in North America 4

5 PURE ONLINE VoD SERVICES IN THE EU 159 in December in June 2010 (not included : adults, catch-up TV, channels on video sharing platforms) Source : OBS Dec June FR NL DE GB ES BE DK IT SE FI HU AT PL IE LU 5

6 Advertising trends EU 18 (source: PWC) Market (US$mio) Years TV ads. Internet ads. Newspapers ads. Magazines ads. 6

7 EVOLUTION OF RADIO-TV REVENUES IN THE EU ( ) Source : European Audiovisual Observatory 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 28,6% 28,9% 30,3% 31,8% 34,0% 32,9% 6,6% 6,5% 6,5% 6,2% 28,8% 29,0% 27,3% 27,4% 36,0% 35,6% 35,9% 34,6% 5,7% 6,0% 29,2% 27,8% 31,1% 33,3% (est.) Consumers pay-tv spend Radio adspend Radio-TV public income TV adspend 7

8 European Production trends IND 2 = %European works/total qualifying transmission time IND 4 = %European works by independent producers/ Total qualifying transmission time

9 Goals for the sector & AVMS regulation Provide regulatory framework for single AVMS market CoO principle & minimum coordination: Protection of minors Ban of hate speech Consumer protection/commercial communication Short reporting & right of reply Cultural diversity Content regulation is necessary for digital single market, but alone not sufficient Copyright challenges Traditional business models Financing of AV content Viability of small markets with big same-language neighbours 9

10 Audiovisual Policy Framework Justifications for action Protection of European values and rights Articles 2, 6 and 7 of the Treaty on EU Freedom to provide services Article 56 of the Treaty on the Functioning of the EU Cultural policy Article 167 of the Treaty on the Functioning of the EU Industrial policy goals Article 173 of the Treaty on the Functioning of the EU 10

11 TFEU legal base - Freedom to provide services (Art. 53(1), 62) AVMSD - Industrial policy (Art. 173 TFEU) MEDIA Programme Regard for the cultural dimension of audiovisual (and other) policies under Art. 167(4) TFEU is a horizontal obligation that must be taken into account whenever the Union acts 11

12 AVMSD - Scope: who is covered? Media service provider: Has editorial responsibility Effective control of the selection and organisation of content Determines how programmes Set of moving images with or without sound are organised Schedule (linear) Catalogue (non-linear) 12

13 AVMS Linear or television Non-linear Or On- demand 13

14 Structure of the AVMSD : Three parts Applicable to all services (Ch. I, II, III, X, XI, XII) General Provisions (Definitions, Jurisdiction, Contact Committee, Regulatory bodies, Transposition, Reports) Basic tier of obligations (transparency, disabilities, incitement to hatred, advertising qualitative rules, sponsoring, product placement) Applicable to non-linear services (Ch. IV) Protection of minors Promotion of European works Applicable to linear services (Ch. V, VI, VII, VIII, IX) Events of major importance and short extracts Promotion of European works and independent productions Advertising quantitative rules Protection of minors Right of reply 14

15 AVMSD transposition State of play Complete notifications: AT, BG, CZ, DE, DK, EL, ES, IE, HU, IT, LU, LV, MT, NL, RO, SE and SK (17) Partial notifications: BE, FI, FR and UK (4) Notification received, waiting for translation: CY, EE and LT (3) Non-notification (complementary reasoned opinions): PL, PT and SI (3) 15

16 AVMSD transposition EU Pilot letters 17 letters ready: BE, BG, CZ, DK, EL, ES, FI, FR, HU, IE, IT, MT, NL, RO, SE, SK and UK (EL, FR and MT not in EU Pilot) Analysis ongoing: AT, CY, DE, EE, LU, LV, LT (7) 16

17 AVMS transposition: Pertinent issues The most pertinent issues in AVMSD transposition 01 - Fundamental rights; 3 XX - Other; Fundamental freedoms; TV advertising and teleshopping; Jurisdiction; Regulatory cooperation; Sponsoring & product placement; Encouragement obligations; Protection of minors; AVCC; Registration of ondemand services; Balanced coverage obligations; European works; Major events & short news extracts; Right of reply; 3 17

18 AVMSD transposition by Member State 18

19 AVMSD : next steps in 2011 March: 1 st batch of EU pilot letters to 17 MS + 3 reasoned opinions for non transposition (PL, PT, SI) May: 2 nd batch of EU pilot letters May: Contact committee: Update Guidelines on European works Content obligation concerning DTT channels 4th quarter: Contact committee: Update Guidelines on major events Update Guidelines on advertising rules December: 1st Report on the AVMSD implementation 19