ACT Says No New Digital Guidelines Needed at Present

LONDON: In response to the European Commission’s Green Paper on Audiovisual Works, the Association of Commercial Television in Europe (ACT) says that its sees "no need for regulatory intervention" at this time since more content is crossing European borders than ever before.

The European Commission’s Green Paper explores how Europe can best seize the opportunity for TV and film in the digital age in order to achieve a "digital single market." The assessment is that adapting the European policy to the digital environment would offer the audiovisual industry access to a broader audience and give consumers more exposure to cultural works. The agenda proposes a framework directive on collective rights management, with recommendations intended to ensure the presence of European content on new digital distribution platforms.

The ACT has responded that the current rules are fine as is, and that the increasing amount of cross-border content distribution means there’s no need for regulatory intervention. The group calls on the European Commission to "respect contractual freedom," adding that "territoriality and exclusivity are the cornerstones of the broadcast industry." The ACT continued: "The possibility to offer content only in those markets where there is a clear, monetizable demand for it allows consumers in particular in smaller markets to access a varied range of content. Yet, there are no legal barriers to buying and selling audiovisual productions on a multi-territory basis."

In addition, ACT members welcome the commission’s distinction between different kinds of content, since TV is strongly influenced by language, humor, culture and national and local events. "Therefore, reference should not be made only to ‘the digital single market’ but also to a series of such markets," the ACT said. The group also argues that there is a need to differential between rights acquisitions and rights clearance/management for these dealings.

Commenting on the consultation, Philippe Delusinne, ACT’s president and the CEO of RTL Belgium, said: “We welcome the opportunity to contribute to the discussions about the future of our sector. There is common ground between the EU Commission and the broadcasting business that the sector is undergoing a series of radical changes, affecting business models, consumer services and regulatory options. As a starting point I would like to state that our sector is in good shape and viewers enjoy watching our content on a growing number of screens and devices. However, anything we do and offer is only possible as long as it is underpinned by a robust copyright system.”

Ross Biggam, ACT’s director general, added, “Copyright is the foundation stone not just of the European TV industry but the European creative industries as a whole. The fight against illegal distribution of content is therefore crucial to us as well as flexibility and choice in our copyright negotiations with various stakeholders involved in the creation, distribution and marketing of an audiovisual program.”