A little more is now known about the informal agreement reached on 26 April on changes to audiovisual rules (see EUROPE 12010). The co-legislators have endorsed the option of forcing on-demand video services and linear services to financially contribute to European creative production, but attenuation measures have been added to the recitals.
The new rules will apply in 2020 (18 months after they come into force) and are based on minimum harmonisation so that each member state will be able to go further if it wishes.
The main changes
Advertising and protection. The informal agreement sets a 20% cap on publicity (with a gap of at least 30 minutes) between 6am and 6pm and between 6pm and midnight. The text foresees better protection for children against damaging content and stricter rules for tackling hate speech and public encouragement of terrorism. They require platforms to set up a transparent mechanism that is easy to use and effective to help users report damaging content.
Support for European production. The next text forces on-demand video platforms to have at least 30% European content in their catalogues. It foresees the possibility for member states to require on-demand video services and traditional broadcasters (linear services) established in their country or which mostly or fully target their audience to financially contribute to the development of European audiovisual content. A close source says the co-legislators at a interinstitutional trialogue meeting in June will introduce an attenuation measure stipulating that any member state introducing financial contributions must take account of the contributions to European content already being made by the service supplier
Clear rules. The informal agreement will strengthen the principle of country of origin to determine with greater clarity the applicable jurisdiction and foresee the same procedures for television broadcasting bodies and suppliers of on-demand services. It foresees the possibility of derogations in the event of threats to public security and serious risks to public health. (Original version in French by Sophie Petitjean)