Turkey lifts YouTube ban after 2.5 years

Google has agreed to remove offensive videos under the 2008 Turkish law.

Commission welcomes implementation of EU rules on TV and video-on-demand by Austria

European Commission has welcomed Austria's notification of measures to implement the EU Audiovisual Media Services (AVMS) Directive into national law. As a result, the Commission has decided to end the legal action which it had launched against Austria. All EU Member States had agreed to implement the modernised rules for Europe's audiovisual industry into national law by 19 December 2009. The AVMS Directive (2010/13/EU) strengthens Europe's TV and audiovisual industry by reducing regulation and creating a level playing field for audiovisual media services across frontiers while maintaining high consumer protection standards. It removes outdated restrictions on digital TV over the internet, video on demand and mobile TV and created a Single Market for all audiovisual media services, providing legal certainty for businesses and protection for consumers. EU Member States agreed to implement the AVMS Directive into their national law by 19 December 2009 (see IP/09/1983). In June 2010, the Commission sent formal requests, in the form of so-called 'reasoned opinions', to twelve Member States (Austria, Cyprus, Estonia, Greece, Finland, Hungary, Lithuania, Luxemburg, Latvia, Poland, Portugal, and Slovenia) to update without delay their national broadcasting rules (see IP/10/803). Austria has now implemented the Directive, and the Commission is monitoring implementation in the other eleven Member States very closely. Unless these other countries adopt and notify their implementing measures to the Commission very soon, they could be referred to the European Court of Justice.

The "Television without Frontiers" Directive was adopted in 1989 (IP/91/898) and amended for the first time in 1997 (IP/97/552). In December 2007, an amending Directive was adopted (see IP/07/1809, MEMO/08/803). On 10 March 2010, the provisions of the original "Television without frontiers" Directive were merged with the provisions contained in the amending directives to form the codified version of the now called "Audiovisual Media Services" Directive. The AVMS Directive can be found at: http://ec.europa.eu/avpolicy/reg/avms/index_en.htm For more information on EU infringement procedures, see MEMO/10/530.

Media ownership: the 'Big Six' American media conglomerates

An interesting set of data charts.

EU - Audiovisual Media Services Directive consolidated 2010/13/EU

Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive). Codified version. OJ L 95, 15.4.2010, p. 1.

What is obscene? Violence to animals at 11am or simulated sexuality at 5am

Very interesting cross-textual analysis of Ofcom's judgements in Broadcasting Bulletins 120 and 152 (note self-serving authors from the porn industry).

BBC spending breakdown - almost nothing on radio, their real public service

Very useful graph - note they plan to abolish BBC6Radio - when almost no-one watches BBC3 TV - look at respective budgets!

UK consults on co-regulatory scheme for Internet video

Ofcom has just closed its consultation on the implementation of the 2007 Audiovisual Media Services Directive.

It intends to regulate via its co-regulatory bodies, the Advertising Standards Authority and Association of Video on Demand (ATVOD), the latter formerly a self-regulatory body established as a front to persuade the European Commission that it didn't need legislation in this area.

Since AVMS establishes that co-regulation is needed, ATVOD has had to reform itself by the end of this year into a formal co-regulatory body, meaning Ofcom has audit functions and backstop powers to take over if ATVOD fails to regulate properly.

The one exception is the BBC iPlayer, which will have separate arrangements reflecting the unique position of BBC public services.

Co- and self-regulation and the media

The Organisation for Security and Cooperation published an online 'cookbook' in 2004 - see chapters on co-self-regulation.

Co-regulation - Ofcom's view

Ofcom has released its final post-consultation report on its approach to co-regualation - the result of a 2-year process. It is largely a very well-written and researched and sensible document - I would have liked more emphasis on sustainability and 'mission creep' of self- and co-regulatory bodies but that's my report for the EXC - if you want your own work, write it yourself!

Excellent work by Tom Keidrowski and his team!

"We also received a link to the RAND study for the European Commission in the response

from Dr. Chris Marsden. The study examined a range of national schemes, including the

IMCB, ATVOD, ICSTIS, Nominet and IWF in the UK, as part of an evaluation of potential coand

self-regulatory solutions for online services. Similarly to our view - that a spectrum of

options is available when addressing particular issues -, the RAND study proposes a

‘Beaufort scale of self-regulation’ based on the degree of government intervention. While the

published study was an evaluation of schemes, it veered toward a view that there was merit

in considering co-regulation rather than purely self-regulation in many instances."

European TV developments

Very good up-to-date blog here.

Legislation on privacy before net neutrality in US?

California liberal Henry Waxman will be new head of the Commerce Committee, replacing Bellhead John Dingell. That makes both privacy and NN legislation more likely. Frannie Wellings, assistant to Sen. Dorgan, certainly expects that.

Meanwhile in the EU, the mini-super-regulator has been voted down by the Council of Ministers, and we grind on to the 2nd Reading in Parliament...

Content and its potential harms

Good new USC Annenberg academic papers here and here.

AVMS agreed December 2007

The European Parliament formally approved without amendments the Council's common position on the new Audiovisual Media Services without frontiers Directive.

Ofcom paper on convergence

In preparation for Monica Arino's seminar Wednesday at 12, you might find this new paper interesting: http://www.culture.gov.uk/Convergence/submissions/seminar1/ofcom_update4feb08.pdf

Council of Europe paper on jurisdiction

Very useful paper: http://www.obs.coe.int/online_publication/transfrontier_tv.pdf.en

Greater European Regulatory cooperation promised

Commissioner Viviene Reding hosts a meeting to discuss closer cooperation in view of the Al Manar case.

Short extracts and viewers' rights

The 'Right to Information' and Digital Broadcasting - About Monsters, Invisible Men, and the Future of European Broadcasting Regulation by Natali Helberger - focuses on viewers' right to consume rather than market arguments from economics.

Reading for Week 10, 21 March

Two pieces to collect at the end of the week-
first an article by Anna Herold about sports rights and public service TV,
second a quite dense and comlicated article about essential facilities and competition law, with a lot of media references - read only if you really want to take that question!

Anna is the legal advisor at the European Commission on the new Directive....

Competition law and IP

How Battlestar Gallactica killed broadcast TV

Overview with some interesting points