User-generated videos shared on online platforms providing a commercial service will be subject to new rules.
In European legal jargon, a preliminary agreement has been reached after negotiations between the European Parliament, European Commission and Council, for the Audiovisual Media Services Directive (AVMSD) to be revised.
These revised rules will be voted upon in the European Parliamentary in September, and will come into force by summer 2019.
After being entrusted as European Popular Party Group rapporteur on pluralism and media freedom last October, I assumed an active role within the CULT committee on media issues, to see how revised legislation will apply to broadcasters, but also to video-on-demand (VOD) and video-sharing platforms, such as Netflix, YouTube or Facebook, as well as to the live streaming on video-sharing platforms.
The purpose of this action is to avoid fragmentation and obstacles in the Digital Single Market, otherwise uncertainty for economic operators, which we still have today, will keep on making scaling-up more difficult for startups and limit the availability of digital services.
I am pleased that this week we managed to secure this agreement with Commission and Council which will enhance online protection for children, lay down stricter rules on advertising, and make sure that at least 30% of content in programmes of TV channels and VOD platforms will be European.
This was necessary because millions of Europeans today, especially young people, watch content online, on-demand and on different mobile devices; with global internet video share in consumer internet traffic expected to increase from 64% in 2014 to 80% by 2019.
Inevitably, the revised rules are aimed to bring a positive change for European creators and authors to keep increasing their content generation while at the same time provide protection against incitement to violence or hatred and provocation to commit terrorist offences.
European TV broadcasters today invest around 20% of their revenues in original content, however, this figure represents less than 1% for on-demand providers. That is why we want 30% of content in programmes of TV channels and VOD platforms to be European. Film-makers, TV broadcasters and on-demand services providers are therefore encouraged to innovative services and promote European films.
To help them do so, the revised rules will remove the current risk of them falling between stools by putting clarity on which Member State's rules are applicable according to scenarios, what procedures to follow for both TV broadcasters and on-demand service providers and what possibilities for derogations exist.
This will establish a fairer regulatory environment for the entire European audiovisual sector, including on-demand services and video sharing platforms. A mandatory exemption is also provided for companies with a low turnover and low audiences, as well as small and micro enterprises.
In this context, the interest of viewers was kept in perspective too, for example, by establishing that transmission of TV films, cinematographic works and news programs can be interrupted only once every twenty minutes.
The protection of minors and the reinforcement against hate speech in all audiovisual content is also a very important component of the agreed rules.
Age verification mechanisms or pin codes will be introduced to protect against the gratuitous violence and pornography in a very strict way, providing a high degree of control. Codes of conduct will be introduced to address inappropriate audiovisual commercial communications of foods high in fat, salt and sugars; while tobacco advertising remains forbidden in all types of media. And as with alcohol advertising, we are also encouraging further development of self or co-regulation to effectively limit the exposure of minors to such adverts.
All in all, I have to say that the rules were positively welcomed by the majority of the consulted stakeholders, including those in the disability sector; who are will benefit because media services providers are more than ever being asked to make audiovisual services tailor-made for them.
As an Member of the European Parliament, I take pride in working closely with other policy makers in the European Parliament towards helping creators in promoting their content more effectively, coherently and ethically in today’s digital era.
I feel that their work will enable our cultural, artistic and digital sectors to keep driving economic and social development by strengthening our European identity in a meaningful way, like in the case of these rules, which in practice are paving the way towards better services for consumers while providing stronger protection of minors.
Dr Zammit Dimech is a Nationalist Party Member of European Parliament