Creating a dynamic market for Europe’s audiovisual sector

The digital era has brought rapid technological changes and seen the rise of ‘nonlinear’ media services, such as video on-demand, alongside traditional services, such as cinema and television. This has presented both challenges and opportunities for the audiovisual sector.

ACT

Council conclusions on European audiovisual policy in the digital era (Official Journal C 433 of 3.12.2014, pp. 2-5).

SUMMARY

The digital era has brought rapid technological changes and seen the rise of ‘nonlinear’ media services, such as video on-demand, alongside traditional services, such as cinema and television. This has presented both challenges and opportunities for the audiovisual sector.

WHAT DO THESE COUNCIL CONCLUSIONS DO?

They address whether the European Union’s (EU) legislative framework is still appropriate for the changing audiovisual sector.

KEY POINTS

The conclusions re-emphasise the role of copyright in protecting and stimulating creation and ensuring appropriate remuneration for rights holders. At the same time, it should allow the development of new, innovative services and cross-border access for citizens.

The main goals of EU audiovisual policy in the digital era are to:

• facilitate the supply of broad, culturally and linguistically diverse and high-quality content;
• ensure easy, timely, cross-border and legal access to content, the cross-border circulation of European audiovisual works and the presence of European works across all platforms;
• ensure equal conditions for audiovisual media service providers within the EU market.

To achieve these, the conclusions highlight several issues including the importance of ensuring media pluralism, protecting audiences (particularly children), supporting media literacy and promoting European film literacy.

The conclusions also include calls for action on specific topics. With respect to the business environment, they invite the Commission and EU countries to:

• test new ways of releasing films;
• encourage practices to make multiterritory licensing online easier;
• encourage exchanges and cooperation between different players.

Concerning public funding and access to finance, the Commission and EU countries are invited to:

• encourage rebalancing of funding towards development, distribution and promotion;
• promote complementarities between EU support measures, particularly the creative Europe programme and national and regional measures;
• encourage funding for the digitisation and preservation of film heritage and related material.

With regard to media and film literacy and film heritage, they call for:

• the Commission to support and coordinate results of media literacy at EU, national and local levels, as well as to assess and report the results of film literacy tests carried out under the creative Europe programme;
• the Commission and EU countries to promote good practices and research on the inclusion of media literacy in formal and informal education and to use film heritage to promote EU values and culture;
• EU countries to promote film and audiovisual work in all levels of education and training, to promote national film festivals and to better use EU structural funds to support audiovisual heritage.

In terms of the regulatory framework, and specifically the review of the Audiovisual Media Services Directive, the Commission is invited to:

• assess whether the regulatory distinction between linear* and nonlinear* services was still appropriate;
• assess the functioning of the ‘country of origin’ principle* as well as the current advertising rules covering sponsorship, codes of conduct, product placement, advertising and teleshopping;
• consider the effectiveness of the current measures to promote EU works;
• bring forward measures to ensure copyright rules continue to benefit both the EU economy and cultural diversity.

For more information, see the European Commission’s website on audiovisual sector support.

KEY TERMS

* Linear services: a traditional television broadcast to be viewed on the basis of a broadcaster’s programme schedule.

* Nonlinear: the viewer watches the programme at a time and place of their choosing (‘on-demand’).

* Country of origin principle: where a service is performed in one EU country but received in another, the applicable law is the law of the country where the action or service is performed.

RELATED ACTS

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: European film in the digital era - Bridging cultural diversity and competitiveness (COM(2014) 272 final of 15.5.2014).

Communication from the Commission on State aid for films and other audiovisual works (Official Journal C 332, 15.11.2013, pp. 1-11).

last update 13.05.2015