Brussels, 19/01/2016 (Agence Europe) - Broadly speaking, the European Parliament supports the European Commission's strategy for a digital single market. Meeting in Strasbourg on Tuesday 19 January, the MEPs took position in favour of ending geo-blocking and limiting the liability of intermediaries.
The non-legislative resolution, drawn up by Evelyne Gebhardt (S&D, Germany) and Kaja Kallas (ALDE, Estonia), is the Parliament's response to the roadmap presented by the Commission in May 2015. The text - which was adopted by 551 votes in favour, 88 against and 39 abstentions - is based around two key objectives: (1) improving access to the digital single market for consumers and businesses from throughout Europe; (2) creating a conducive environment and fair competition conditions for innovative services and advanced digital networks. It also aims to achieve more cross-cutting objectives, for instance in calling upon the Commission to launch a study into the secondary effects of digitisation (i.e. on the development of the cognitive faculties of children). However, it avoids the more controversial issues, such as the difficulty of reconciling the principle of the territoriality of copyright with the end of geo-blocking, or the rules to apply to service providers such as Uber.
Copyright. As regards the 'consumers' plan, the Parliament regrets the Commission's approach of creating different frameworks for purchasing online or off-line. It calls for an end to unjustified geo-blocking practices and unfair discrimination on price based on geographical location or nationality. However, it stresses the fact that the principle of territoriality is a key element of the copyright system and opposes pan-European licences, which the Commission was at one point considering. The Parliament also takes position on the exemptions and restrictions in the field of copyright, stating that these must be “balanced, targeted and neutral in terms of format” and “be based solely on proven needs”. “Any exemption to text and data mining, in place at European Union level, should apply only if the user has legal access”, the MEPs state, in anticipation of proposals from the Commission.
New services. In the 'competition' plank, the Parliament takes position, amongst other things, on the future revision of the telecoms package and the directive on audiovisual media services. It suggests adapting the rules on telecommunications to the end purpose and calls for the principle of “similar rules for similar services”, in order to resolve the tricky question of the treatment to be applied to providers of services over the Internet (the 'over the top players'), such as Whatsapp. It goes on to call upon the Commission to place linear and non-linear services on the same level and to lay down harmonised minimum standards for audiovisual media services “except in cases in which the content is a vital addition to content and services other than audiovisual ones”. Lastly, as regards the question of platforms and intermediaries, the MEPs stressed that limited liability of intermediaries is vital. “A platform is an intermediary acting as a portal. If illegal goods pass through that portal, the situation has to be resolved. But it is not the portal in itself which is responsible for the illegal nature of the goods”, rapporteur Kaja Kallas explained to a group of journalists. The resolution also encourages the Commission to set in place a group of stakeholders responsible for promoting best practice in the sector of the economy of sharing.
Commission announces its timetable. In response to the MEPs' contributions, the Commissioner for the Digital Single Market, Andrus Ansip, announced his working timetable for 2016. He said that he would present the following: in February, the proposed directive on the 700 MHz band; in March, the industrial package to include proposals on cloud communications and the standardisation of information and communication technologies (ICT); in April, an action plan on online governance; in May, a package on consumer rights, including, amongst other things, proposals on the cross-border delivery of packages, geo-blocking and e-commerce; in June, a second proposal on copyright, with proposals on geo-blocking, the implementation of the Marrakesh Treaty and exemptions for text and data mining, together with the revision of the 'cable and satellite' directive and the 'audiovisual media services' directive, based on the principle of “follow-the-money”; in June-July, the reform of the telecoms package and the launch of a public-private partnership in cyber-security; in November, he will present proposals on the free movement of data, the revision of the rules on the protection of private data and the VAT regime. “In December, I hope that we are not going to be making any further proposals on the basis of the strategy for a digital single market”, the Commissioner joked in conclusion. (Original version in French by Sophie Petitjean)