The European Commission has just launched a Green Paper
entitled 'Preparing
for a Fully Converged Audiovisual World: Growth, Creation and Values’. The
objective of this Paper is to start a broad, public discussion on the
implications of the on-going transformation of the audiovisual media landscape.
The concept of ‘convergence’ takes centre stage which is understood as the
‘progressive merger of traditional broadcast services and the internet’. By
trying to account for the fact that all devices through which audiovisual
content can be consumed become increasingly connected, the paper addresses two
sets of questions.
First, the Commission would like to consult on how to
transform the process of convergence in the European market into economic
growth and business innovation in Europe. Second, the Commission focuses on the
consequences of convergence for values (i.e. policy choices) such as media
pluralism, cultural diversity, and the protection of consumers as well as
minors in particular.
These two issues lead to a subset of questions that are of
fundamental importance to the future of online services and thus, require
attention. Some questions relate to the challenge to established media from
online players that operate across borders with economies of scale.
Interestingly, the Commission explicitly mentions the successes of US companies
in being able to provide cross-border services across the EU whereas, in the
Commission’s opinion, European companies struggle. Somehow related is a
question on the availability of premium content and associated competition
concerns. The key issue there is in how far access to premium content is
crucial for success in adjacent markets and may therefore act as a barrier to
entry.
From a regulatory perspective the paper identifies the
Audiovisual Media Services Directive, the E-Commerce Directive and the
Electronic Communications Framework as all being affected by developments in
convergence. While it does not mandate certain policy options, there is a
strong likelihood that the AVMSD and the E-Communications Framework will be
reviewed in the next Commission term where the topics identified in the Paper
will play a role. Furthermore, the Paper contrasts the obligation of mostly
European broadcasters to fund the production of European works with the freedom
of online players. Crucially, the Paper acknowledges that this ‘might raise
specific issues regarding contributions from non-European [online] players’.
Under a chapter entitled ‘Values’, the Commission discusses
the implications of convergence on media freedom and pluralism. It questions in
how far filtering mechanisms like personalized search results might decrease
citizens’ exposure to a plurality of opinions and give undue, quasi editorial
powers to online platforms. Taking a step further, the Commissions opens the
question whether there is a need for public intervention for such filtering
mechanisms.
The last point on potential regulatory intervention sounds
extreme, but is not surprising. Policy questions like these have to be seen in
the context of a broader debate in Europe about ‘gatekeepers’ of all kinds. The
Opinion on Net
Neutrality by a French advisory body on digital issues e.g. extends the
concept of net neutrality to 'the new gatekeepers' that are understood to be
businesses providing services such as social networking, search, smartphone
operating systems and app stores. The
French Digital Minister has backed the report and said she will
introduce legislation. This has become perhaps more likely in light of the
spat between Appgratis (a French company) and Apple in which the latter
decided to ban the French app from its appstore. Company-internal rules upon
which such decisions are based will increasingly come under public scrutiny,
particularly in a situation in which most of the ‘new gatekeepers’ are viewed
to be non-European.
For these reasons it is important to respond to the Green
Paper which lays out 27 questions. The deadline is 31st August 2013. CCIA will
respond and will solicit Members’ input.
