Classification: CONFIDENTIAL International Stakeholder Forum Ofcom Riverside House July 2018 PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM
Classification: CONFIDENTIAL Agenda PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM 2
Classification: CONFIDENTIAL 1. Introduction 2. Brexit 3. Review of the AVMS Directive and other Media Policy 4. Review of the EU Telecoms Framework 5. BEREC update 6. EU Spectrum PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM 3
Classification: CONFIDENTIAL BREXIT PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM 4
Classification: CONFIDENTIAL Review of the AVMS Directive and other Media Policy PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM 5
Classification: CONFIDENTIAL AVMS Directive Agreed MAIN ISSUE: New category of regulated service: Video Sharing Platform (VSPs, e.g. YouTube) Definition : Services providing user-generated videos and programmes to the general public for which the VSP provider does not have editorial responsibility VSPs are required to take ‘ appropriate measures ’ to protect minors from harmful content , and protect all citizens from hate speech and illegal content Appropriate measures include: VSPs making explicit their content policy in codes of practice or terms and conditions • Providing user - friendly mechanism for flagging content potentially in breach of these terms • Age -verification systems • Out-of-court redress mechanisms • Being required to clearly identify, or allow uploaders to identify, any advertising or sponsorship • and to ensure that advertising or sponsored content meets a limited set of audience protection rules The ‘appropriateness’ of measures taken by VSPs must be assessed by the relevant national regulatory authority (NRA) Member States are free to introduce stricter measures but these cannot conflict with the E- Commerce Directive’s principles of limited intermediary liability PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM
Classification: CONFIDENTIAL AVMS Directive agreed – other changes Amendment Key Points Scope of Video On - Demand services category expanded Video On - Demand services need no longer be ‘TV - like’, and now explicitly include content “irrespective of length” in definition of programmes potentially subject to regulation 30% European works quota for VOD and requirement to Introduces a quota like the one for TV broadcasters. Exceptions allowed where quotas ensure their prominence would be ‘impractical or unjustified’ Permission for Member States to impose financial levies on Funds raised must go towards funding European or national AVMS works, and must be AVMS providers (Linear and VOD) in other jurisdictions proportionate and non- discriminatory. AVMS providers with lower turnovers or small audiences are exempt. Protection of minors/viewers Same minimum level of obligations for linear TV and VOD, including new provision on terrorism and new text on incitement of hatred. Rules for alcohol advertising also aligned. Country of Origin Principle retained but framework tweaked Additional grounds for derogation from freedom of reception and more detail on how NRAs can prove deliberate circumvention of stricter rules (without needing to necessarily prove intention). Loosening of minimum advertising minutage rules for TV – no Member States free to replace existing cap of 20% of hourly air time for ads with changes on PP and sponsorship separate caps for prime time and rest of the day. Strengthening of minimum accessibility obligations Member States now required to make programmes progressively more accessible for disabled viewers and listeners, and to report on progress made. Independence of NRAs and formalised role for ERGA Formalised independence of Ofcom’s audiovisual competencies would bring them in line with our independence in regard to telecoms Promotion of media literacy skills Obligation on Member States to promote and report to the Commission on progress made. Signal integrity New rules to safeguard content integrity by prohibiting commercial overlays or the modification of the service (shortening, altering or interrupting – for instance if an advertisement were to occupy a section of the screen) without the provider’s explicit consent PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM
Classification: CONFIDENTIAL Next steps July 23 – text translated and checked by lawyers, circulated September/October 2018: confirmation by EP/Council of Ministers October/November 2018: Directive enters Official Journal Summer 2020: Deadline for Transposition Update from DCMS AVMS Directive: additional insights and timetable for transposition Contact Committee 30 May 2018 (update) PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM
Classification: CONFIDENTIAL Content: Update on Networks et al ERGA – Work underway AVMSD Review, • Plurality • Co- and Self - regulation • EPRA – Next meeting 10-12 October 2018 Work programme continues, highlights: • New Media Literacy taskforce created • PSB/Elections online – focus on regulators • Cooperation (and looking to 2019) • Maria Donde elected to EPRA Board May 2018 • Other highlights Focus on Diversity (esp. Women in Media) including Digital4Her event and • EPRA/ERGA collaboration High profile for Media Literacy (Expert Group, Communication on • Disinformation) Industry Code on Disinformation: published 17 July 2018 • PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM
Classification: CONFIDENTIAL Review of the EU Telecoms Framework PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM 10
Classification: CONFIDENTIAL Progress and next steps Date Event 5 th June 2018 (9 th trilogue) Provisional, political agreement on Code/BEREC Regulation text June – July 2018 Technical meetings in Council Working Groups Summer 2018 Lawyer/linguist phase Autumn 2018 Legislators to adopt final text (TBC) PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM
Classification: CONFIDENTIAL Outcomes from final trilogue Confidential Access Double lock veto gone, except for measures relating to Articles 74 and 59(2) • Criteria to define ‘wholesale - only undertaking’ further developed • Commission to set maximum EU mobile/fixed termination rate by December 2020 • Services Retail cap on intra- EU calls from May 2019 • Full harmonisation for end user rights included but some potential carve outs • Scope of services falling under Title III narrowed in some areas • PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM
Classification: CONFIDENTIAL Outcomes from final trilogue Spectrum Peer review system now run by RSPG and to take place earlier in awards process • Minimum term for spectrum awards now 15 years • Implementing acts for spectrum now more limited than envisaged in original Commission draft • Governance BEREC preserved in its current form • PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM
Classification: CONFIDENTIAL Questions PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM 14
Classification: CONFIDENTIAL BEREC Update PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM 15
Classification: CONFIDENTIAL BEREC Work Programme BEREC’s 2018 Work Programme: • Common Position on Mobile Infrastructure Sharing • Workshop on the data economy and its regulatory implications. Further seminars with stakeholders ahead of a public consultation in Q4 2018 and a report in Q2 2019 • Selection of contractor for development of NN tool 2019 Work Programme • BEREC 2019 Work Programme to cover 18 -month period PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM
Classification: CONFIDENTIAL EU Spectrum – RSPG & RSC PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM 17
Classification: CONFIDENTIAL EU Spectrum: RSPG Plenary June 2018. • Updates from the Working Groups; • European Spectrum Strategy • EECC • 5G • Good Offices • Peer Review and Member State Cooperation • WRC- 19 • Peer Review workshop on Swedish 700MHz Award • Stakeholder Workshop in Stockholm • Next stakeholder workshop – Budapest Nov/Dec 2018 • PROMOTING CHOICE • SECURING STANDARDS • PREVENTING HARM 18
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