The European Commission has approved a proposal to reform the Audiovisual Media Services Directive and extend a number of regulations to online video platforms. The main changes to the directive will see online platforms required to take a more active approach to taking down harmful content, such as pornography and violence, and content that incites hatred. They will also be required to ensure at least 20 percent of the content in their catalogue is of European origin, and EU states will be allowed to require online video providers to contribute financially to content production.
In an attempt to help broadcasters compete better with the online sector, they will be given more freedom in when they show advertising throughout the day. While the cap of 20 percent of time between 07.00 and 23.00 hours for ads will be maintained, the maximum of 12 minutes of ads per hour will be lifted. To ensure broadcast regulators remain independent of government, the European Regulators Group for Audiovisual Media Services will be given more power to assess regulatory codes of conduct and advise the European Commission.
The Commission also signaled that more regulations for online service providers could be forthcoming. Following a wide-ranging public consultation last year on online platforms, the EC issued a communication saying it will take a "targeted, principles-based approach" to dealing with some of the problems flagged by consumers and businesses. This will include a cautious approach to start, supporting industry co- and self-regulation to ensure flexibility.
In response to calls from telecom operators for a 'level playing field' with OTT providers in terms of regulation, the EC said it will work from the principle that comparable services will be subject to comparable regulations. This will be taken into account in the ongoing reviews of the telecom regulatory framework and ePrivacy Directive, where some rules for telcos may be withdrawn and some rules such as confidentiality requirements may be extended to online services. The approach was broadly welcomed by the European Telecom Network Operators association (ETNO).
The liability terms in the eCommerce directive will be maintained and certain measures developed to address specific sector problems. For example, the Commission expects to announce soon a code of conduct on combating hate speech developed with the internet industry. In terms of consumer protection, measures in the separately announced e-commerce package will do more to ensure sponsored search results are clearly flagged, and the EC also wants the industry to step-up voluntary efforts to tackle practices such as fake or misleading online reviews. In addition, the Commission will encourage online platforms to recognise different kinds of secure electronic identifications (eID) which offer the same reassurance as their own eID systems.
Further regulation addressing problems raised in the public consultation by businesses and suppliers dealing with online platforms, such as concerns of unfair terms and conditions, in particular for access to important databases, and market access and general lack of transparency, has been put on hold. The Commission said it will determine by spring 2017 whether additional EU action in this area is needed.
