Ref. Ares(2021)2373346 - 07/04/2021
Participants: H. Gambs meeting with ACT
Name of main contact person:
Telephone number:
Directorate/Unit:
Fiche d'entretien
WHO
The meeting is with the Association of Commercial Television in Europe, which
represents the interests of 29 leading commercial broadcasters across Europe.
DG CONNECT met ACT and some of your other interlocutors (Canal+, beIN SPORTS) on
20 October 2020 at Director level (see the meeting report in the Background).
ACT will also meet Commissioner Breton on 18.11.2020.
WHEN
13/11/2020 10:00 - 11:00
WHERE
Microsoft Teams
WHY
Commercial broadcasters have been strongly affected by the Covid-19 crisis, notably
due to halted productions, surge in piracy (including il egal steaming of live sports),
and difficulties to compete with large streaming platforms.
Several speakers wil take the floor from the ACT side, to present their perspective on
the following topics:
1.
Canal+, ACT Board chair: Sector Status (Covid impact)
2.
, beIN Sports: IP Action Plan - to secure a strong liability
regime while upholding exclusive rights and contractual freedom
3.
, Mediaset: DSA liability aspects, overlap with existing
copyright regime, approach to Notice & Action
4.
, TF1, DSA: algorithmic transparency provisions
5.
, Viacom/CBS: enforcement aspects, delivering effective
solutions to ongoing surge in piracy
6.
, Sky: DSA: tackling harmful content, ensuring appropriate
provisions for advertising
ACT submitted a 30 page position paper to the Open Public Consultation on the DSA
(see the summary in Background).
MESSAGE
Main messages
•
The DSA package has great ambitions. We want to make the internet a safer
place, where fundamental rights are protected and cultural diversity thrives. The DSA
wil be a horizontal instrument, which wil underpin and complement sectoral
legislation.
•
We wil ensure that online platforms act more responsibly and the DSA is
expected to help level ing the playing field between platforms and traditional services.
•
The preparatory work has entered its final stages; we envisage adoption of
the DSA package by the end of the year.
Speaking Points
On the
Digital Services Act (revision of the E-Commerce Directive):
•
We need online services to bear a set of clear responsibilities and obligations
to fight against il egal content online and to protect freedom of expression online.
•
One of the main aims of the DSA is to create a harmonised regulatory
framework for online platforms. However, the core principles of a harmonised liability
exemption for intermediaries – as established in the E-commerce Directive – should
remain, as it represents the essential foundation of internet regulation.
•
The DSA wil provide for clearer and enforceable procedures and obligations for
Participants: H. Gambs meeting with ACT
Name of main contact person
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Directorate/Unit:
online platforms to tackle il egal content on their services. In particular, the updated
regulatory framework wil aim to harmonise notice and action procedures, bring more
transparency regarding content moderation and recommendation, strengthen
administrative cooperation and require major platforms to take more responsibility in
the fight against illegal content.
•
The Commission is also looking at proportionality: the largest online
platforms, having systemic impact on society and posing higher risks, may be
expected to do more in terms of responsibilities and transparency.
•
Any such rules wil be carefully balanced against the need to protect
fundamental freedoms. In particular, in drafting the new rules the Commission will
examine how to adequately safeguard freedom of expression online by setting up
checks and balances that prevent unwanted consequences such as over removal of
legal content.
•
Final y, the new rules wil include appropriate cooperation mechanisms
between competent national authorities and between the authorities and the
platforms themselves. We are also examining whether EU level oversight is needed to
ensure compliance and effective enforcement of the new rules.
On the
Digital Markets Act (ex ante regulatory instrument and market investigation
regime for online platforms)
•
To ensure a contestable and fair Digital Single Market, where commercial
relations are fair, businesses thrive and innovators have a chance to scale up, we need
to address the issues that are impeding the healthy and competitive development of
the online economy.
•
In the context of the DSA package, the Commission will propose rules to
address current and future systemic issues and structural competition problems in
digital markets.
•
In order to achieve this, the Commission will propose a new instrument with
two complementary pillars, that:
- on the one hand, addresses currently identified problems in digital markets
through a system of identification of gatekeepers that are subject to listed
prohibitions and obligations; and
- on the other hand, addresses – through more open ended means of
investigation – structural competition problems in digital markets.
• This wil not be an easy ride and we need your support
On process
•
The preparatory work towards the Digital Services Act has entered its final
stages. We are currently envisaging an adoption by the end of the year.
•
The public consultation closed in September with great success: the
Commission received over 3000 submissions. We are carefully analysing the results of
the consultation. We are aware that only by listening to the views of relevant
stakeholders can we achieve a regulatory framework that is truly fit for the digital age
and also al ows online services to scale up in the EU market.
•
The European Parliament has recently adopted three reports on the DSA in
the IMCO, JURI and LIBE Committees. These reports are cal ing on the Commission to
act, and we see a lot of convergence in aims and ideas.
Participants: H. Gambs meeting with ACT
Name of main contact person
Telephone number:
Directorate/Unit:
Background
1. ACT position:
On
the Digital Services Act, they argue for far reaching obligations across al platforms on notice and
action, specific monitoring and stay-down (using automated tools), and algorithmic transparency.
•
They argue that the impact on freedom of expression is not significant because the risk of
overblocking (false positives) for copyright content is low.
•
They believe that the distinction between active/passive services needs to be maintained,
only truly passive services should benefit from the liability exemption.
•
They are concerned that the so-called Good Samaritan clarification might lead to a new
liability exemption for platforms.
•
They call for ‘trusted flagger’ status rightholders for faster removal (especially for live
sports); ‘know your customer’ obligation on al platforms; dynamic injunctions for entire catalogues.
•
They want the DSA to cover also harmful content (such as disinformation or political ads),
and liability for advertising content to level the playing field.
•
They do not want the Copyright Directive to be reopened by the DSA.
•
On the
Digital Markets Act, they argue for ex ante rules to tackle uncompetitive practices by
large online platforms, particularly regarding data and advertising markets. They are concerned that
Amazon and Google want to be the default TV operating system, which can undermine
broadcasters.
2. BTO of the meeting with ACT on 20 October 2020
ACT:
(ITV),
(Canal+),
(beIN
SPORTS),
(ZO-BRUSSEL),
COM:
,
,
,
(Canal Plus):
- ACT explained why this is a crucial time for commercial broadcasters: Covid-19 brings long
lasting effects, live sports and content production is most affected; online piracy surges.
- Broadcasters contribute to EU society and economy: 1000s of channels, over 20 bil ion EUR
invested in content, 1 million direct and 1 million indirect employment; crisis highlighted
importance of broadcasting and quality news/entertainment.
- Concerns: need to adapt regulatory framework (through both ex-ante regulation and more
responsibility in terms of liability) to be able to compete on fair terms with structuring
platforms.
(ZO-BRUSSEL):
- Systemic problems need to be addressed by strong obligations.
- Important to keep the active/passive distinction and the liability of platforms, otherwise
impossible to enforce obligations.
- “Good Samaritan clause” should not lead to new liability exemption.
- DSA should not undermine the Copyright Directive.
- Automated content management is the only way to deal with millions of uploads.
- Large platforms have wider reach, but risks are present on smal er platforms too.
