Revision of the directive on audiovisual media services (2010/13/UE) is dividing the European Parliament. Emma McClarkin MEP (ECR, United Kingdom), responsible for drafting an opinion, is refusing to increase the quota for promoting European works or remove the time limit on advertising.
It should be pointed out that the European Commission presented a draft directive in May 2016 to create a more balanced regulatory environment for traditional and video on demand services. The text proposes to introduce greater flexibility to the current rules governing advertising and supporting creativity in Europe by way of compulsory requirements on promoting European works in this field (see EUROPE 11558). The Council held an orientation debate at the end of November (see EUROPE 11673).
Emma McClarkin has just published her draft opinion, which will be put to a vote at the Internal Market and Consumer Protection Committee (IMCO). The Culture and Education Committee responsible for this subject is expected to vote on this issue on 24 January. The other parliamentary committees for an opinion are as follows: (1) environment, public health and food safety; (2) legal affairs; and (3) civil liberties, justice and home affairs.
Emma McClarkin’s draft report supports the principle of origin and distinguishes itself from the rules on advertising and the obligation imposed on video on demand providers to promote European content. It recommends maintaining the current time-limit for advertising at 20% an hour (12 min/h). It is therefore opposed to the line put forward by the Commission on this issue and, as well as the co-rapporteurs for the committee responsible, Petra Kammerevert (S&D, Germany) and Sabine Verheyen (EPP, Germany), who were in favour of a daily limit of between 7am and 11pm or 20%. It should also be pointed out, however, that the German co-rapporteurs were against the proportion of advertising spots going above 20% at peak viewing times or between 8 and 11pm. The promotion of European content is another question creating controversy. In her draft opinion, Ms McClarkin decided to maintain the 20% to quota proposed by the Commission, whilst adding that, “whilst the promotion of European works should be encouraged, the approach adopted should be market-driven…The use of quotas should be limited and in no way exceed the Commission’s proposals”. The committee co-rapporteurs wanted 30% quotas, “because the average is currently 27%”. Ms McClarkin is also refusing to authorise the member states to impose financial obligations on video on demand services established on their respective territories in a effort to guarantee adequate investment levels in favour of European content, as the Commission and CULT Committee co-rapporteurs actually suggest (see EUROPE 11633). (Original report in French by Sophie Petitjean)