REFIT Evaluation and Impact Assessment of the EU Audiovisual Media Services Directive 2010/13/EU (AVMSD)

The AVMSD initiative focuses on the review of the EU Audiovisual Media Services Directive (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, hereinafter “AVMSD”).

The Inception Impact Assessment can be found here.

International Media Law Reference Database

The International Media Law Reference Database is a compilation of useful media law articles, conventions and cases that offer a broad introduction to the subject, prepared by out partners at the Anneberg School for Communication at the University of Pennsylvania for the 2011 National Rounds in Afghanistan of the Price Moot Court Competition.

You can find the International Media Law Reference Database here.

Orphan works

An analysis conducted by EnDOW researchers in three countries (UK, Italy and Netherlands) reveals that the national implementations of the directive across Europe do not provide the much needed solution for the problem of orphan works.

The Report on “Requirements for Diligent Search in the United Kingdom, the Netherlands, and Italy” can be found here.

Report on Surveillance by the European Union Agency for Fundamental Rights (FRA)

The European Union Agency for Fundamental Rights (FRA) publishes a report on fundamental rights protection in the context of surveillance, which maps and analyses the legal frameworks on surveillance in place in EU Member States.

Focusing on so-called ‘mass surveillance’, the report also details oversight mechanisms introduced across the EU, outlines the work of entities tasked with overseeing surveillance efforts, and presents the remedies available to individuals seeking to challenge such intelligence activity.

Protecting the public from security threats and safeguarding fundamental rights involves a delicate balance. Brutal terror attacks and technological innovations making possible large-scale communications data monitoring have further complicated the matter, triggering concerns about violations of the rights to privacy and data protection in the name of national security protection. The Snowden revelations, which uncovered extensive and indiscriminate surveillance efforts worldwide, made clear that enhanced safeguards of these rights are needed.

By demonstrating the complex considerations involved, this report underscores how difficult it can be to address what are often seen as competing priorities, and contributes to the continuing debate on how to best reconcile them.

Governance Principles for PSM

Good governance of public service media, serving the interests of society as a whole, is actively supported by the EBU, in line with the Core PSM Values adopted by the General Assembly in 2012. Good governance can help PSM organisations meet new challenges as they carry out their vital role in the new media ecosystem. The aim of this Legal Focus, as a non-binding source of guidance and reference, is to identify and develop a number of fundamental principles for PSM governance.

Legal Focus publications are part of the EBU’s effort to produce practical tools to help Members in a period of rapid change. The governance principles complement the public funding principles published in February 2015.

European Audiovisual Observatory publishes IRIS Themes

The European Audiovisual Observatory publishes its IRIS “Themes” report on Freedom of Expression, the Media and Journalists, which contains summaries of over 240 judgments or decisions by Strasbourg’s European Court of Human Rights reported about in IRIS newsletter since 1994 and provides hyperlinks to the full text of each of the summarized judgments or decisions. You can download this free report on current European case law in this field here.

Copyright Rules

“According to the IFPI 2016 Report, the global music market achieved a key milestone in 2015 when digital became the primary revenue stream for recorded music, overtaking sales of physical formats for the first time. In 2016 total industry revenues grew 3.2 per cent to US$ 15.0 billion, leading to the industry’s first significant year-on-year growth in nearly two decades. However, representatives of artists and of labels claim, that this explosion in consumption is not returning a fair remuneration to them because of a market distortion resulting in a “value gap“. (The reiterated “value gap“ is in their view about the gross mismatch between music being enjoyed by consumers and the revenues being returned to the music community, as streaming services and in particular by the rapidly-growing use of user upload platforms such as YouTube, are profiting more of the revenues than the right-holders.)

Behind the „value gap“ phenomena lies a long contested policy matter, namely the protection of delivery platforms (intermediaries) by so-called “safe harbour” rules that were established in both US and European legislation in the early days of the internet, limiting their liabilities for copyright infringements. Right-holders claim, that the “safe harbour” regime  should no longer be used to exempt user upload services that distribute music online from the normal conditions of music licensing. Since the publishing of the visions to modernise EU copyright rules of the European Commission many are looking forward how European policy-makers intend to face these issues and reflect them in the new copyright rules to be adopted in 2016.”

GAMAG Europe: New study on English on line news media

It has long been argued that women are under-represented and marginalized in relation to men in the world’s news media. New research, using artificial intelligence (AI), has analyzed over two million articles to find out how gender is represented in online news. The study, which is the largest undertaken to date, found men’s views and voices are represented more in online news than women’s. Click here to read the article.