MEPs are proposing to restrict the termination of audiovisual geo-blocking to news and current affairs programmes. This is the result of the vote on 21 November at the legal affairs committee (JURI), which includes all the alternative compromise amendments submitted by the EPP, ECR and ALDE. The vote by the far right has therefore clearly made a difference.
Unless MEPs request otherwise during their next plenary session, this vote will constitute the European Parliament’s negotiating position with the Council.
Main guidelines
Overall, the JURI committee does not agree on facilitating the cross-border delivery of all ancillary online services by broadcasting organisations, as proposed by the Commission. It considers that the country of origin principle facilitating the authorisation of copyright in a single member state should only apply to news and current affairs programmes by broadcasters. MEPs even add that, “The parties should have the right to continue to reach an agreement on the introduction of restrictions on the use of the aforementioned rights, on the condition that these restrictions comply with national and Community law”. This provision on the country of origin principle was undeniably the most controversial aspect of the proposal. The rapporteur and groups on the left wanted as broad application as possible, whilst the groups on the right wanted the opposite.
MEPs also amended the provisions for facilitating the acquisition of rights by retransmission services. They emphasise the fact that the rights holders are not obliged to give up their retransmission rights. If they decide to do so, they must, as proposed by the Commission, do this through the collective management companies in a “managed” environment. Therefore, the services affected involve those related to cable (such as video on demand or live TV on the Internet) or IP TV (television or radio using IP protocols) based on secured and restricted access. Applications such as Molotov.tv or Zattou, however, are excluded.
MEPs added a new provision relating to the “direct injection” mechanism allowing broadcasters to directly relay programmes to retransmission networks. Unsurprisingly, they are proposing to make the broadcasters and distributors “jointly responsible” for the act of communication to the public and its availability. They do add, however, that the two parties will have to receive authorisation from the rights holder for their respective participation in this act.
Responses
The European Consumer Organisation (BEUC) said that it regretted that MEPs supported “outmoded geo-blocking practices restricting consumer choice”. The EFAD organisation that brings together directors from European cinema agencies and the Association of Commercial Television in Europe (ACT), however, welcomed the decision made by MEPs. (Original version in French by Sophie Petitjean)