The question of what provisions to apply to video sharing platforms will be at the heart of the forthcoming inter-institutional meeting on audiovisual media services. On Monday 26 February, the co-legislators will discuss what kind of harmonisation to apply to these services. It was not possible to reach a decision on this question on 6 February (see EUROPE 11953).
It should be recalled that the draft text presented in May 2016 seeks to harmonise standards for new media such as YouTube and Netflix, introduce more flexible rules on advertising and supports creativity in Europe through obligations on the promotion of European content (see EUROPE 11558). The inter-institutional negotiations that began on 10 July 2017 have so far produced six meetings (see EUROPE 11917). The most recent one on 6 February helped, for a second time, tackle a number of difficult questions involving commercial communications and video sharing platforms.
Criteria based on “size” and “nature” of service provided
In a Council document examined by EUROPE, the Bulgarian Presidency questioned member states about what room for manoeuvre existed on video sharing platforms. It indicates that one possible compromise could involve regulating platforms on the basis of the “size” and the “nature” of service provided (as sought by the Council) in exchange for two safeguards. Parliament would like to point out that, “the most damaging kinds of content should be the subject of stricter measures” and the measures to take by the platforms, “should not lead to ex ante control measures or the download screening of content”. Its points out, however, that at this stage, no solution appears to be possible on the kind of measures that should be taken by these platforms: while the Council would like a non-exhaustive list, Parliament, is suggesting that a raft of "appropriate" measures to take should be compiled.
Consolidating advertising rules
With regards to advertising, the document indicates that the question of separate advertising and purchasing spots on TV during sport events (article 19(2)) and programmed slots on which the 20% advertising ceiling should apply (article 23(1)) are still open. It does, however, provide some clarification on the position of the Parliament with regard to public service messaging and calls in favour of charity works which, according to the MEPs, should be excluded from advertising quotas.
Finally, the Presidency asks the delegations about articles 9, 10 and 11, “which were discussed for the first time in during a technical meeting”. The co-legislators may shift towards banning the advertising of electronic cigarettes and subject advertising for alcoholic drinks on video on demand services to the same requirements that apply to traditional services (for example, not targeting young people and not creating the impression that these drinks help to make one popular). They will also have to reduce the gap between their respective positions on the question of product placement and, more particularly, whether there is a need to inform viewers that a programme contains product placement, “when a programme resumes after an advertising break".
The next working party meeting is planned for 16 February and another inter-institutional technical meeting will take place on 19 February. (Original version in French by Sophie Petitjean)