The European Commission recommends calculating the 30% quota of European works to be included in video-on-demand services’ catalogues on the basis of titles rather than broadcasting time (see EUROPE 12343/4). This is what emerges from the guidelines it published on Thursday 2 July to accompany the implementation of the Audiovisual Media Services Directive 2018/18/08 of 2018.
This directive concerns in particular new media such as YouTube and Netflix and aims to introduce stricter rules on advertising and to support creativity in Europe through obligations to promote European works (see EUROPE 12036/7).
In order to accompany the implementation of the new rules by 19 September 2020, the Commission has published two sets of guidelines which are non-binding: one on European works and the other on video-sharing platforms.
The first document therefore clarifies how to calculate the 30% quota, by counting the different titles (which correspond to a film or one season for a series). It also provides guidance on how to define media service providers with “low turnover” or “low audience”, which are excluded from the scope of the Directive.
The second document concerns video-sharing platforms that include hybrid services, such as social media, where the provision of audiovisual content is not the main purpose, but is nevertheless a “core functionality”. The guidelines propose “a modular set of indicators” to carry out this assessment; indicators relating to the non-ancillary (independent) nature of the audiovisual content, its qualitative and quantitative importance, the monetization of the audiovisual content and the availability of tools to enhance its visibility or attractiveness.
See guidelines: https://bit.ly/2BZsJBI (Original version in French by Sophie Petitjean)