On Wednesday 6 June, co-legislators ratified the informal agreement they reached on 26 April for the new rules in the audiovisual field (see EUROPE 12011). According to the information we have received, this final meeting (the 10th), which was supposed to be used to fine-tune the recitals, only lasted 45 minutes and only introduced some technical changes to the previous casting.
It should be recalled that the new rules, which still have to be confirmed by the co-legislators separately, seek to tackle the question of new media, like YouTube and Netflix, introduce stricter rules on advertising and support creativity in Europe through requirements on promoting European content.
They restrict the proportion of advertising to 20% of antenna time (with minimum spacing of 30 minutes) between 6.00am and 6.00pm and between 6.00pm and midnight. The text calls for better protection of children against harmful content, as well as stricter rules on tackling hate speech and public incentives to commit terrorist offences. It also calls on the platforms to create transparent mechanisms that are efficient and easy to use, which allow users to flag up harmful content.
Another innovation involves the fact that the new rules that will apply in two years time, make it obligatory for video on demand platforms to include at least 30% of European content in their catalogues. It also includes the possibility for member states to request video on demand services and regular broadcasters (linear services) that are established on their territory or which entirely target or mainly target their public, to financially contribute to the development of European audiovisual productions. In one of the recitals it is explained that this requirement is not expected to prevent them from benefiting from the aid planned for media service providers.
The member states will have to transpose the new rules into their national law by 2020. The Commission will assess implementation in 2024, then every three years and will also publish an ex post evaluation by 2028. (Original version in French by Sophie Petitjean)