Self- and Co-regulation in the New AVMSD PDF Download

Author: Amadeo Arena
Publisher:
ISBN: 9789287190000
Category :
Languages : en
Pages : 102

View

Book Description

Author: András Koltay
Publisher: Taylor & Francis
ISBN: 1040101127
Category : Law
Languages : en
Pages : 314

View

Book Description
The main objectives of media regulation in Europe are to protect media freedom, to ensure the social responsibility of the media, and to prevent harm caused by speech published through the media. This book examines the way in which these are reflected in European legal regimes and jurisprudence at the supranational, regional, and national levels. It addresses the theoretical considerations behind the protection and restriction of media freedom. It starts from the assumption that there is a common European ideal of media freedom as a human right. Apart from EU law, and in many cases similar national regulations, many common points can be identified across Europe in the theoretical underpinnings of this right, and the history of struggles for this freedom in different European countries also shows common features. While the focus is on media freedom in Europe, the work also discusses the uniquely distinct concept of freedom of expression and of the media that is prevalent in the US, the principles of which have a significant impact in Europe. The book uses a comparative method, in part, as it attempts to outline the common regulatory framework for the idea of media freedom on a European scale. The reference to national laws and court decisions is intended to illustrate this picture, looking primarily at what binds European states together. The work will be a valuable resource for those working in the areas of public law, media law, media studies, comparative law, international human rights law, and legal philosophy.

Author: Petros Iosifidis
Publisher: Springer
ISBN: 1137410302
Category : Social Science
Languages : en
Pages : 297

View

Book Description
Social media is said to radically change the way in which public communication takes place: information diffuses faster and can reach a large number of people, but what makes the process so novel is that online networks can empower people to compete with traditional broadcasters or public figures. This book critically interrogates the contemporary relevance of social networks as a set of economic, cultural and political enterprises and as a public sphere in which a variety of political and socio-cultural demands can be met. It examines policy, regulatory and socio-cultural issues arising from the transformation of communication to a multi-layered sphere of online and social networks. The central theme of the book is to address the following questions: Are online and social networks an unstoppable democratizing and mobilizing force? Is there a need for policy and intervention to ensure the development of comprehensive and inclusive social networking frameworks? Social media are viewed both as a tool that allows citizens to influence policymaking, and as an object of new policies and regulations, such as data retention, privacy and copyright laws, around which citizens are mobilizing.

Author: Council of Europe
Publisher: Council of Europe
ISBN:
Category : Political Science
Languages : en
Pages : 148

View

Book Description
Democracy is in distress! The Secretary General of the 47-nation Council of Europe, Marija Pejčinović Burić, has highlighted a “clear and worrying degree of democratic backsliding” in her latest annual report on the state of democracy, human rights and the rule of law across the continent. “In many cases, the problems we are seeing predate the coronavirus pandemic but there is no doubt that legitimate actions taken by national authorities in response to Covid-19 have compounded the situation. The danger is that our democratic culture will not fully recover,” said the Secretary General. “Our member states now face a choice. They can continue to permit or facilitate this democratic backsliding or they can work together to reverse this trend, to reinforce and renew European democracy and to create an environment in which human rights and the rule of law flourish. “This is the right option for the 830 million people who live in the Council of Europe area.” Based on the findings of different Council of Europe bodies, including the European Court of Human Rights, the Secretary General’s report assesses recent developments in areas including political institutions and judicial independence, freedom of expression and association, human dignity, anti-discrimination and democratic participation. The report encourages member states to use existing and future Council of Europe mechanisms to address many of the challenges identified, on the basis of the following key principles: - National authorities should return to fundamental democratic principles and recommit to Council of Europe legal standards, including the implementation of judgments from the European Court of Human Rights; - Member states should fully embrace the multilateralism embodied by the Council of Europe for more than 70 years; - Covid-related restrictions and measures must not only be necessary and proportionate, but also limited in duration; - National authorities should embrace democratic culture, recognising where their words, activities or legislation have diminished that culture by reducing civic space, by intimidating or preventing individuals, organisations and NGOs from exercising their freedom of speech or assembly, or by excluding people from participating fully in society.

Author: Eva Lievens
Publisher: BRILL
ISBN: 9004189726
Category : Law
Languages : en
Pages : 604

View

Book Description
Against the background of the European legal framework, this books offers a comprehensive analysis of the use of alternative regulatory instruments, such as self- and co-regulation, to protect minors in the digital media environment.

Author: Heritiana Ranaivoson
Publisher: Taylor & Francis
ISBN: 1000877884
Category : Business & Economics
Languages : en
Pages : 185

View

Book Description
This book describes and critically addresses the innovations and shifts made in the revision of the Audiovisual Media Services Directive (AVMSD) adopted by the European Parliament and Council in 2018. Reflecting on European Union regulation and policy practice in all its Member States, the book’s unique approach places in-depth case study topics against the broader theoretical background. Taking a Europe-wide angle, an international team of authors focuses on key aspects of the AVMSD: the expansion of its scope to include video-sharing-platforms such as YouTube; the update of the rules for commercial communications; the first attempt for harmonized, minimal requirements at EU level regarding transparency of media ownership; new rules to ensure that video-on-demand services offer, invest in, and prioritise European content; the obligation on television distributors and smart TV manufacturers to pass on broadcasters’ signal without any interference, alteration or modification; and, the formalisation and consolidation of new forms of collaboration among national regulatory authorities. This thorough analysis of the cornerstone of European media policy makes this edited collection a crucial reference for scholars and students of media and cultural industries, media law and policy, European and EU media policy, and technology studies.

Author: Sally Broughton Micova
Publisher: Centre on Regulation in Europe asbl (CERRE)
ISBN:
Category : Political Science
Languages : en
Pages : 111

View

Book Description
This report contributes to policy debates by providing evidence on the dynamics of markets for audiovisual advertising in which both audiovisual media services (AVMSs) and video sharing platforms (VSPs) are operating. It addresses the following questions: - To what extent are audiovisual media services and VSPs competing in the same markets as comparable services? - What conditions are shaping the levelness of the field on which they are competing? The investigation covered Belgium, France, Italy and the UK. Using a detailed literature review, 26 key informant interviews, and a comparative legal analysis, the research found evidence that: - Though TV advertising and online video advertising on VSPs and other services do not serve exactly the same function for advertisers, AVMSs and VSPs are certainly competing for the same budgets and building relationships with the same advertisers in largely the same way, with media agencies playing an important mediating role. - The playing field is not even. The main reasons that the playing field on which AVMSs and VSPs are competing for advertising budgets is not level are related to imbalances in the human and financial resources they can invest in building relationships and in their ownership of and ability to use data. Interchangeability The distribution of advertising budgets resembles concocting a recipe from a number of different ingredients all of which have different features. Agencies do not see it as competition between offline and online, but about finding the right mix of numerous options to reach certain objectives, and they engage in extensive research and complex modelling to do this. Nevertheless, budgets are not expanding currently and there is increased pressure to achieve efficiency and short-term effects, reported against key performance indicators (KPIs). Agencies and advertisers still view TV as crucial for advertising, especially for brand building and awareness, and often TV advertising is the flagship around which the rest of the campaign is designed. TV is trusted because its regulatory framework ensures it is a ‘brand safe’ environment and a good viewing experience, and because the audited measurement systems provide transparency in terms of where advertiser money is going and what it is getting. For agencies and advertisers, online video advertising is attractive for its efficiency in reaching target audiences, often with significant cost saving and in extreme detail, and for the ability to receive rapid feedback on the response to ads placed. They also value online options for small or experimental campaigns. Despite remaining suspicious of much of the data that is produced and concerned about brand safety, they often need to reach the audiences no longer watching TV and they get excited about the optimisation possibilities available. There are differences in the qualitative rules around advertising and agency respondents reported being able to do things online that they cannot do on TV. Some of these rules have been equalised with the 2018 update to the EU’s Audiovisual Media Services Directive (AVMSD). Rules on misleading and comparative advertising are largely harmonised at the EU level and apply to all services, so this area of law was mostly the same in all four jurisdictions studied. A ban on political advertising on AVMSs was also common to all four, with no equivalent for VSPs. Efforts to address political advertising online are nascent, mainly focused on ensuring disclosure, and tied to efforts to combat disinformation. There is also a difference in product placement rules. The 2018 AVMSD includes user generated content (UGC) in the definition of product placement and allows it for the most part, but the exceptions, such as children’s and consumer programmes, in which it is prohibited for AVMS providers do not apply to VSPs. RECOMMENDATIONS As they implement the AVMSD, Member states should devise co-regulatory mechanisms that will be effective in enforcing content and advertising standards on VSPs and adhere to the Directive’s intention of levelling the playing field. The Commission’s guidance as to what qualifies as a VSP and criteria for co-regulatory mechanisms should be designed to maximally even out conditions among advertising-dependent services. Though there is no need to regulate UGC producers such as vloggers and influencers, national regulators should provide disclosure guidelines similar to those for content on AVMSs, and the European Regulators Group (ERGA) should investigate whether there is a need for the AVMSD’s product placement exceptions to be extended to VSPs. Industry bodies with support from national regulators should work towards standardisation of measurement within and across channels, including both agreement on a ‘common currency’ measurement for video and innovative ways in which the need to service KPIs can be addressed by all players. Relationships AVMS providers and VSPs take similar approaches to building relationships with agencies and advertisers. Both nurture long-term relationships with agencies, with personal relationships still being crucial. They also engage directly with larger advertisers to understand their aims and make them aware of the options they provide, particularly when rolling out new ones, such as the 6 second un-skippable ads online or addressable TV options. Whereas the most popular VSPs are global companies able to use that status advantageously for tax purposes and draw on extensive financial and human resources, AVMS providers are often prohibited by national-level rules aimed at protecting media pluralism from collaborating or even combining resources within the same group in ways that might allow them work towards addressing these imbalances. Some AVMS providers are engaged in transnational collaborations. Rebates and discounts based on scale and duration are common practice in how prices are set both for online and offline inventory, except when they are determined by auction in the programmatic systems. These and other contract conditions are subject to negotiations that, for AVMS providers in some jurisdictions, are constrained by trading frameworks. RECOMMENDATIONS Member states should revisit media plurality measures, including cross-ownership rules, with a view to enabling AVMS providers to co-operate in some areas, in which greater scale or scope may be crucial to allowing them to compete against global VOD and VSP services, without reducing the pluralism of views and content available to citizens. Member states should adopt transparency requirements similar to the French Sapin law in fair trading policy and EU policy makers should consider harmonising EU-level rules. The European Commission should closely monitor the implementation of national-level taxes on the B2B revenues of platforms, such as Italy’s 3% “web tax,” to assess the effects on the wider ecosystem and other businesses, and consider roll out across the Union. Data Ownership and Use VSPs can leverage the consent that they gather from their vast user base for targeting purposes and for the kind of tracking of an individual’s post-exposure journey needed to provide ROI results and make attribution claims. On the other hand, AVMS providers have only recently been requiring registration for users to access their AVOD and this is still giving them a rather limited type and amount of data on their users. The extent to which addressable TV gives AVMS providers useful data depends on the arrangements with the company providing the set top boxes to households. There is also an imbalance in access to online campaign-related data. The agreements that agencies and advertisers have with demand side platforms give them ownership of such data for their own campaigns. However the AVMS providers, or other publishers on the supply side, do not get such data for the campaigns run on their sites or around their content. A parallel might be if BARB, Auditel or Mediametri data was only available to agencies and advertisers. Our evidence indicates that data is an essential element of competition, and inventory holders such as AVMS providers and VSPs must be able to address the need for advertisers to demonstrate performance. Agencies and advertisers have concerns about dominance in the exploitation of data in this ecosystem that merit investigation. Respondents from various categories noted that GDPR appears to have further concentrated power in the hands of global platforms operating in the programmatic systems. Several mentioned the challenges of trying to compare across “walled gardens” of data maintained by those providing online advertising inventory and the lack of choice about what platforms they can use. RECOMMENDATION Competition authorities and data protection authorities should work together to assess possible concentration in the programmatic advertising system and in the wider market for video advertising.

Author: Beata Klimkiewicz
Publisher: Central European University Press
ISBN: 615521185X
Category : Social Science
Languages : en
Pages : 364

View

Book Description
Addresses a critical analysis of major media policies in the European Union and Council of Europe at the period of profound changes affecting both media environments and use, as well as the logic of media policy-making and reconfiguration of traditional regulatory models. The analytical problem-related approach seems to better reflect a media policy process as an interrelated part of European integration, formation of European citizenship, and exercise of communication rights within the European communicative space. The question of normative expectations is to be compared in this case with media policy rationales, mechanisms of implementation (transposing rules from EU to national levels), and outcomes.

Author: Rossella Esther Cerchia
Publisher: MDPI
ISBN: 3039437070
Category : Social Science
Languages : en
Pages : 160

View

Book Description
Fashion law encompasses a wide variety of issues that concern an article of clothing or a fashion accessory, starting from the moment they are designed and following them through distribution and marketing phases, all the way until they reach the end-user. Contract law, intellectual property, company law, tax law, international trade, and customs law are of fundamental importance in defining this new field of law that is gradually taking shape. This volume focuses on the new frontiers of fashion law, taking into account the various fields that have recently emerged as being of great interest for the entire fashion world: from sustainable fashion to wearable technologies, from new remedies to cultural appropriation to the regulation of model weight, from advertising law on the digital market to the impact of new technologies on product distribution. The purpose is to stimulate discussion on contemporary problems that have the potential to define new boundaries of fashion law, such as the impact of the heightened ethical sensitivity of consumers (who increasingly require effective solutions), that a comparative law perspective renders more interesting. The volume seeks to sketch out the new legal fields in which the fashion industry is getting involved, identifying the new boundaries of fashion law that existing literature has not dealt with in a comprehensive manner.

Author: Edoardo Celeste
Publisher: Bloomsbury Publishing
ISBN: 1509953728
Category : Law
Languages : en
Pages : 352

View

Book Description
This book explores to what extent constitutional principles are put under strain in the social media environment, and how constitutional safeguards can be established for the actors and processes that govern this world: in other words, how to constitutionalise social media. Millions of individuals around the world use social media to exercise a broad range of fundamental rights. However, the governance of online platforms may pose significant threats to our constitutional guarantees. The chapters in this book bring together a multi-disciplinary group of experts from law, political science, and communication studies to examine the challenges of constitutionalising what today can be considered the modern public square. The book analyses the ways in which online platforms exercise a sovereign authority within their digital realms, and sheds light on the ambiguous relationship between social media platforms and state regulators. The chapters critically examine multiple methods of constitutionalising social media, arguing that the constitutional response to the global challenges generated by social media is necessarily plural and multilevel. All topics are presented in an accessible way, appealing to scholars and students in the fields of law, political science and communication studies. The book is an essential guide to understanding how to preserve constitutional safeguards in the social media environment.