For the third time, the European Audiovisual Observatory (OBS), in cooperation with the European Platform of Regulatory Authorities (EPRA), organised a workshop on "Addressing regulatory asymmetries: video-sharing platforms, targeting on-demand services, and services outside the EU" in Strasbourg on 12 December 2016. The two previous workshops were "Empowering users: rating systems, protection tools and media literacy across Europe", in 2014 and "The grey areas between media regulation and data protection" in 2015.
This workshop aimed to discuss the challenges set by existing and upcoming regulatory asymmetries resulting from the EU legal framework as the European Commission published proposal to amend the Audiovisual media services Directive (AVMSD).
The three panel discussions concerning the main areas where regulatory asymmetries could be identified:
- 1) The material scope of the AVMSD and video-sharing platforms;
- 2) The principle of country of origin and targeting on-demand services;
- 3) Internal Market and services outside the EU: future perspectives;
- 4) Dealing with asymmetries – tools and remedies
You will find here the summary of the discussions held during the workshop, including links to the presentations made by the participants.
Opening of the Workshop
Susanne Nikoltchev - Executive Director, European Audiovisual Observatory
Celene Craig - Chairperson of the European Platform of Regulatory Authorities (EPRA)
Panel 1 - The material scope of the AVMSD and video-sharing platforms
Chair: Sophie Valais - Legal analyst, European Audiovisual Observatory
The audiovisual market in the EU & video-sharing platforms
Christian Grece - Markets analyst, European Audiovisual Observatory
Scope - the UK experience
Cathy Taylor - Senior Associate Manager for Standards and Audience Protection at Ofcom (British regulatory authority)
Roundtable discussion
- Paul Avril - Advisor for European Affairs at the French regulatory authority, CSA
- Celene Craig - Chairperson of the European Platform of Regulatory Authorities (EPRA)
- Kalle Varjola - Legal counsel at the Finnish regulatory authority, FICORA
- Jerzy Walewsky - Legal expert at the Polish regulatory authority, KRRiT
- Peter Hyde - Head of Broadcasting Regulation at the regulatory authority of Gibraltar, GRA
- Sophie Stalla-Bourdillon - Associate Professor in Information Technology / Intellectual Property Law, University of Southampton
- Jenny Weinand - Legal Counsel, European Broadcasting Union (EBU)
"Appropriate measures", liabilities and freedom of expression
Monica Horten - Visiting Fellow at the London School of Economics and Political Science (LSE)
Roundtable discussion
- Andrea Stazi - Public Policy and Government Relations Manager, Google
- Heiko Zysk - Vice President, Governmental Relations & Head of European Affairs, ProSiebenSat.1 Media AG
- David Cooke - Director at MindGeek
- Carolina Lorenzon - Director of International Affairs at Mediaset
- Maria Michali - European Policy Adviser for the European Alliance of Viewers’ and Listeners’ Associations (Euralva) and Associate Professor in Communication Policy at the University of Westminster
- Elvana Thaci - Media and Internet Division, in the Directorate General of Human Rights and Rule of Law of the Council of Europe
- Thomas Fuchs - Director of the Media Authority of Hamburg and Schleswig-Holstein (MA HSH)
Panel 2 - The principle of country of origin and targeting services
Chair: Francisco Cabrera - Legal analyst, European Audiovisual Observatory
Targeting services
Gilles Fontaine - Head of Department for Information on Markets and Financing, European Audiovisual Observatory
Country of Origin Principle and Targeting Services
Bernardo Herman - Director General, Conseil Supérieur de l’Audiovisuel (CSA), French speaking community media regulator, Belgium
The principle of country of origin and targeting services
Joanna Chansel - Deputy Head of European and International Affairs at the French Ministry of Culture and Communication (DGMIC)
Julie-Jeanne Régnault - EU Affairs Adviser at Centre national du cinéma et de l’image animée (CNC)
Roundtable discussion
- Marcel Boulogne - Head of Sector, Audiovisual Media Services, DG CONNECT, European Commission
- Jeanette Steemers - Professor of Culture, Media and Creative Industries, King's College London
- Ronan Fahy - Researcher at the Institute for Information Law (IViR), University of Amsterdam
- Jerome Chung - Founder of Under the milky way
- Kalle Varjola - legal counsel at the Finnish regulatory authority, FICORA
- Julie Mamou - International affairs manager and Cathy Taylor Standards and Audience Protection, Ofcom
Panel 3 - Internal Market and services outside the EU: future perspectives
Chair: Emmanuelle Machet - Coordinator of the Secretariat, EPRA
The European Convention on Transfrontier Television (ECTT) and the EU
Silvia Grundmann - Head of the Media and Internet Division at the Council of Europe
Jurisdiction and connection criteria
Mark D. Cole - Professor for Media and Telecommunication Law at the University of Luxembourg
Roundtable discussion
- Luc Steinberg - EAVI
- Heiko Zysk - Vice President, Governmental Relations & Head of European Affairs, ProSiebenSat.1 Media AG
- Carolina Lorenzon - Director of International Affairs at Mediaset
- Jeanette Steemers - Professor of Culture, Media and Creative Industries, King's College London
- Jerome Chung - Founder of Under the milky way
- Gianna Iacino - Professor for Media and Telecommunication Law at the University of Luxembourg
Global platforms
Pieter Nooren - Senior Scientist at TNO
Roundtable discussion
- Cécil Ameil - Responsible for regulatory affairs (advocacy and licensing) in Europe, Africa and Middle East, SES
- Andrea Stazi - Public Policy and Government Relations Manager, Google
- Joanna Chansel - Deputy Head of European and International Affairs at the French Ministry of Culture and Communication (DGMIC)
- Julie Mamou - International affairs manager at Ofcom
Panel 4 - Dealing with asymmetries – tools and remedies
World café round(s) with four coffee tables followed by a round-table discussion.
Chair: Maja Cappello - Head of the Department for Legal Information, European Audiovisual Observatory
Media regulators
Table host
- Celene Craig - Chairperson of the European Platform of Regulatory Authorities (EPRA)
Brainstormers
- Kalle Varjola - Legal counsel at the Finnish regulatory authority, FICORA
- Peter Hyde - Head of Broadcasting Regulation at the regulatory authority of Gibraltar, GRA
Discussants
- Paul Avril - Advisor for European Affairs at the French regulatory authority, CSA
- Cathy Taylor - Standards and Audience Protection, Ofcom
- Julie Mamou - International affairs manager at Ofcom
- Jerzy Walewsky - Legal expert at the Polish regulatory authority, KRRiT
- Thomas Fuchs - Director of the Media Authority of Hamburg and Schleswig-Holstein (MA HSH)
- Bernardo Herman - Director General, Conseil Supérieur de l’Audiovisuel (CSA), French speaking community media regulator, Belgium
Users and civil society
Table host
- Maria Michalis - European Policy Adviser for the European Alliance of Viewers’ and Listeners’ Associations (Euralva) and Associate Professor in Communication Policy at the University of Westminster
Brainstormers
- Luc Steinberg - EAVI
- Jeanette Steemers - Professor of Culture, Media and Creative Industries, King's College London
Discussants
- Sophie Stalla-Bourdillon - Associate Professor in Information Technology / Intellectual Property Law, University of Southampton
- Monica Horten - Visiting Fellow at the London School of Economics and Political Science (LSE)
- Ronan Fahy - Researcher at the Institute for Information Law (IViR), University of Amsterdam
- Gianna Iacino - Professor for Media and Telecommunication Law at the University of Luxembourg
- Pieter Nooren - Senior Scientist at TNO
Media players and industry
Table host
- Heiko Zysk - Vice President, Governmental Relations & Head of European Affairs, ProSiebenSat.1 Media AG
Brainstormers
- Andrea Stazi - Public Policy and Government Relations Manager, Google
- Cécil Ameil - Responsible for regulatory affairs (advocacy and licensing) in Europe, Africa and Middle East, SES
- Carolina Lorenzon - Director of International Affairs at Mediaset
Discussants
- David Cooke - Director at MindGeek
- Jerome Chung - Founder of Under the milky way
- Jenny Weinand - Legal Counsel, European Broadcasting Union (EBU)
European and national institutions
Table host
Marcel Boulogne - Head of Sector, Audiovisual Media Services, DG CONNECT, European Commission
Brainstormers
- Elvana Thaci - Media and Internet Division, in the Directorate General of Human Rights and Rule of Law of the Council of Europe
- Joanna Chansel - Deputy Head of European and International Affairs at the French Ministry of Culture and Communication (DGMIC)
Discussants
- Silvia Grundmann - Head of the Media and Internet Division at the Council of Europe
- Julie-Jeanne Régnault - EU Affairs Adviser at Centre national du cinéma et de l’image animée (CNC)
