Ref. Ares(2021)2373346 - 07/04/2021
From:
Sent: Friday, November 13, 2020 1:07 PM
To: CNECT DSA TEAM <xxxxxxxxxxxxxx@xx.xxxxxx.xx>; CNECT F2 DMA <CNECT-F2-
xxxxxxxxxxxxxxx@xx.xxxxxx.xx>
Subject: FW: Flash report call with Association of Commercial Television 13 November 2020
Fyi and records, ACT views relevant for the DSA and DMA.
From:
)
Sent: Friday, November 13, 2020 12:53 PM
To: GROW LIST E4 <xxxxxxxxxxxx@xxxxxx.xx.xxxxxx.xx>
Cc: GAMBS Hubert (GROW)
GROW E4 <GROW-
xx@xx.xxxxxx.xx>
Subject: Flash report call with Association of Commercial Television 13 November
2020
Dear all,
Hubert and I had a cal today with the Association of Commercial Television. Its
members reiterated issues (see below the main points) that they face in their
relation with online platforms (and which they have also presented in their response
to the OPC on the DSA package, as wel as in meetings with DG CNECT). They are
eager to see the soon to be published IP Action plan and the DSA package respond to
these issues.
Al the best
(Canal Plus):
- Broadcasters contribute to EU society and economy: 1000s of channels, over
20 billion EUR invested in content, 1 million direct and 1 million indirect
employment;
- There is tendency for broadcasters to be presented as “traditional” players,
but they have embraced the digital revolution, are innovating and are using
al channels, including digital.
- Covid-19 brought adverse effects for broadcasters: advertising revenues
went down and content production is most affected; online piracy has
surged, and effective solutions against this problem should be a priority.
- The Covid crisis has highlighted importance of broadcasting and quality
news/entertainment.
- Concerns: need for comprehensive and long-term strategy for the sector.
The new regulatory framework (through both ex-ante regulation and more
responsibility in terms of liability) has to allow broadcasters to compete on
fair terms with structuring platforms.
(beIN SPORTS):
- Live content, like sports events, is very vulnerable to piracy surge (through
IPTV, social media etc)
- There are many issues not addressed by existing or upcoming regulation.
- Art 17 Copyright directive is not sufficient to fight against illegal streaming
(e.g. no protection when il egal content is accessed through links shared via
platforms). Dynamic injunction would be the adequate remedy.
- 2017 Communication on fighting il egal content online encouraged the use of
dynamic injunction. In some MS (France) courts are reluctant to issue such
orders due to lack of legal basis.
- IP action plan to be published in November: wil it clarify definition of
expeditious removal and clarify responsibilities of hyperlink creators?
(Sky):
- instant take down is possible, and sometimes being done now, so it is
important that new rules don’t al ow large platforms to go backwards (e.g
use new rules as an excuse to have longer take down times than now).
- P2B has not had any effect in this sector, as platforms find ways to
circumvent any rules which are not very detailed and clear. The approach to
try and negotiate with gatekeepers platforms, without the perspective of
real sanctions if they keep being unfair, just leads to business users being
more exposed to retaliation from the gatekeepers. Also NDAs prevent
business users from coordinating for col ective redress.
- tackling harmful content is also important, not only il egal content (not
necessarily the same rules, but some responsibility for removing harmful
content should exist). The process that platforms use to address harmful
content should be regulated.
(Mediaset):
- Digital markets susceptible to monopolization due to network effects, single
homing. Data amassed by systemic platforms enhances their power. Dual
role of some systemic platforms gives incentive for self-favouring
- New instruments should address in holistic way what 3 issues:
o Asymmetry in regulatory conditions for companies that compete
(systemic platforms vs broadcasters subject to different regulatory
regime). E.g. Video sharing platforms have no editorial responsibility,
while broadcasters do
o Ability of digital incumbents to leverage market power to enter new
markets – reinforcing their position
o Gatekeeping role of platforms which dictate unfair terms to business
users
- So limited liability regime should not apply to attention brokers. US is also
considering review of Communication Decency act.
- Examples of market power:
o the success of Android ensures google is the default search engine -
> access to data much above competitors -> barriers to
entry/expansion.
o Youtube offers no transparency on its ranking. It has incentive to
prioritize user generated content vs professional content -> hinders
capacity to invest in original content
o If users single home, the platform they use becomes sole means to
reach consumers -> significant market power.
o Facebook & Google dominate advertising market so can dictate
terms
- DSA should also cover harmful content. Harmful content and disinformation
is monetized on platforms.
- Need level playing field between traditional broadcasters and platforms: a
blacklist of prohibited practices for gatekeepers, strengthened investigation
powers for authorities, new rules for access to data, transparency.
- Piecemeal approach and lots of carve-outs (like in Copyright Directive,
AVMSD) is not effective in addressing issues with gatekeeper platforms.
, TF1:
- Algorithm are omnipresent and always secret. Access to algorithms should
be considered in the asymmetric approach towards large platforms (e.g. to
check if they are al owing il egal content, trying to squeeze out competitors
etc). If we accept to be governed by secret algorithms, we are exposed to
commercial interests of various actors.
- Algorithmic transparency (moderation, filters, acceleration effects) is
important regarding illegal content, also for competition. Political consensus
seems to be emerging on this.
- Nothing has changed fol owing P2B
, Viacom/CBS:
- DSA should uphold good copyright protection standards and improve the system
with specific interventions: KYBC, enhanced enforcement, stronger rules on notice
and stay down, repeat offenders, introduction of trusted flaggers, restoring WHOIS
database (used to identify who was operating certain domains, not available since
GDPR application).
COM (Hubert Gambs): recal ed the context of digitalization and recognized
importance of broadcasters. Explained the complexity of the task to address al the
issues mentioned, and that COM is looking very closely at al of this. Important to
have a balanced proposal that wil withstand scrutiny.
