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Global Media and Communications Watch The International Legal Blog for the Tech, Media and Telecoms Industry

Tag Archives: Broadcasting

Posted in Broadcasting, Copyright, Cybersecurity, Data Protection & Privacy, Digital Single Market (EU), e-commerce, Policy & Regulation, Technology, Telecoms & Broadband Photo of Peter WattsPhoto of Penny Thornton

The Brexit White Paper: A digital Brexit?

The UK Government’s White Paper sets out detailed proposals for the UK’s relationship with the EU following Brexit. As described in our dissection of the document as a whole, the White Paper sees the digital economy as an area of global opportunity for the UK.   So what does the Government have to say about sector? The White Paper’s distinguishes physical goods from the digital and services sectors. Integrated supply chains and the challenges of the Irish border have driven an approach to physical goods which maintains a high degree of

Posted in Digital Single Market (EU) Photo of Falk SchoeningPhoto of Winston MaxwellPhoto of Peter WattsPhoto of Marco Berliri

Tomorrow’s landscape for digital business – The Digital Single Market becomes real!

DSM – What is it about? In 2018, we will see new EU legislation being widely implemented as part of the EU Commission’s Digital Single Market (DSM) Strategy. The amendments to the current legal framework are far reaching and will potentially be game changing. Some of the key areas to be affected will be:   — Unjustified geo-blocking — Copyright law — Audio-visual media services (AVMS) — Internet broadcasting — Free flow of data / Cloud Services — VAT regulation for online trade — Platform liability — Electronic Communications Code —

Posted in Advertising, Policy & Regulation Photo of Natalia GulyaevaPhoto of Maria Sedykh

Russia limits Foreign Ownership in TV Audience Measurement Businesses

On 3 July 2016 the Russian President signed into law a bill amending the Law on Mass Media and Advertising Law (the “Law“), which restricts foreign ownership in TV audience measurement businesses to 20%. The Law provides that TV audience measurements may be carried out exclusively by organizations authorized by the Federal Service for Supervision of Communications, Information Technology and Mass Media (the “Roskomnadzor“) which shall submit annual research reports to Roskomnadzor as well as place such reports on their websites (the “Authorized Organizations“). Antitrust restrictions are not applicable to

Posted in Broadcasting, Digital Single Market (EU) Photo of Winston MaxwellPhoto of Marco BerliriPhoto of Alberto BellanPhoto of Eva Vonau

DSM Watch: EU Commission proposes expanded audiovisual regulation

On 25th of May the European Commission published the draft for the amended Audiovisual Media Services Directive (AVMS Directive), which regulates broadcasting and on-demand audiovisual media services in Europe. The Commission’s draft extends the scope of audiovisual regulation to cover new online services. Regulation of internet video channels Currently the AVMS Directive only covers content that is comparable “to the form and content of television broadcasting” due to the definition of “programme” in the Directive. In the draft for the amended AVMS Directive this passage has been deleted while simultaneously

Posted in Broadcasting

Hong Kong’s first antitrust judgment since the new competition regime’s entry into force

On 29 January 2016, Hong Kong’s Court of First Instance quashed a 2013 decision (“Decision”) by the Communications Authority (“CA”) – upheld by the Chief Executive In Council (“CEIC”) – against Television Broadcasters (“TVB”), primarily on the grounds that the CA and CEIC are inherently political entities lacking objective impartiality as decision makers due to their concurrent policy, advisory and executive roles. While the Decision was ultimately set aside on constitutional grounds, as the CA and CEIC were not found to be an independent and impartial tribunal, the Honourable Justice

Posted in Digital Single Market (EU) Photo of Matthew LevittPhoto of Jan Blockx

DSM Watch: Proposed commitments in European Commission’s UK Pay-TV investigation focus on allowing “passive sales” of broadcasting content outside territory

On 22 April 2016, the European Commission published for comment the first set of commitments offered in the UK Pay-TV investigations. Those commitments represent an important milestone in the Commission’s efforts to reduce the effects of territorial restrictions in content licensing agreements and may foreshadow the legislative proposals which the Commission has announced for the coming months. Background On 23 July 2015, the European Commission adopted a Statement of Objections against six major Hollywood studios and Sky UK. This Statement of Objections alleges that these seven undertakings breached Article 101(1)

Posted in Advertising, Broadcasting, Digital Single Market (EU) Photo of Peter WattsPhoto of Charlie HawesPhoto of Oliver Wilson

CJEU Debates Limits on TV Advertising in Europe

In its decision in Sanoma Media v Viestintävirasto the Court of Justice of the European Union signals a technical but potentially significant clarification in the application of the Audio Visual Media Services (AVMS) Directive. This may trigger some national regulators to re-examine their approach and some broadcasters may, in turn, face pressure to adjust the amount of advertising content within their schedules or their presentation of that content. The Directive, currently subject to possible review as part of the Digital Single Market initiative, is the foundation of much of the

Posted in Broadcasting, Telecoms & Broadband Photo of Federico Hernández Arroyo

TMT Deal Trends in Mexico

As in the U.S. and other European countries, the Mexican telecommunications and broadcasting market has been very active in M&A deals. Just over two years ago, a major constitutional reform in telecommunications entered into force and the new law is reaching its first anniversary. This new regulatory framework has lifted many entry barriers, including removing the 49% restriction of foreign investment in telecoms services, and granted more certainty to large and small local and international companies to invest in Mexico. Click here for our recent update on Mexico TMT deals,

Posted in Broadcasting, Internet, Telecoms & Broadband Photo of Logan BreedPhoto of Meghan Rissmiller

US antitrust lessons from the proposed Comcast/TWC merger

Comcast’s failed acquisition of Time Warner Cable (“TWC”) presents a lesson in the types of antitrust harms that merger enforcers in the United States are willing to pursue. Using traditional “horizontal” merger analysis, the combination would have resulted in almost no reduction of head-to-head competition, as there were very few geographic areas in which the two companies were head-to-head rivals.  Nevertheless, the enforcers, the Department of Justice’s Antitrust Division (“DOJ”) and the Federal Communications Commission (“FCC”), which have concurrent jurisdiction to review communications mergers, took a broader view of how

Posted in Copyright, Entertainment & Content Photo of Alastair Shaw

EU – CJEU decides prohibition of access to live streams can be lawful

On 26 March 2015, the Court of Justice of the European Union (CJEU) rendered a most interesting and instructive verdict on the matter of live streaming of sports events on the Internet (C More Entertainment vs. Sandberg, Case Ref.: C‑279/13). The 9th Chamber ruled that Member States may grant statutory broadcasting rights that go beyond the definition of the “making available to the public” as set out in Article 3 (2) of the InfoSoc Directive (2001/29) provided that such an extension does not undermine the protection of copyright. This ruling

Posted in Advertising, Broadcasting

Poland: New bill on the advertising of junk food to children

The Polish Ministry of Culture is currently working on a set of amendments to the laws on TV and radio broadcasting. The planned amendments will include a full ban on the advertising of unhealthy food to children under the age of 12. The amendments are yet to be approved by Parliament, but have already been deemed part of a general move, in Poland, aimed at limiting children’s access to products considered to be unhealthy and which lead to child obesity, as well as other related diseases. The Polish parliament has recently

Posted in Broadcasting, Policy & Regulation, Telecoms & Broadband Photo of Federico Hernández Arroyo

The challenges of the new telecommunications and broadcasting law in Mexico

The new President of Mexico Peña Nieto started work on 1 December 2012. The following day, the three main political parties executed the so-called “Pact for Mexico”, which contained several commitments including the reform of the telecommunications and broadcasting sectors. On 11 June 2013, an historic constitutional reform in telecommunications and broadcasting was published after a fast-track process of just three months. The main purpose of the reform was to enhance competition in the telecommunications and broadcasting markets and to provide for the publication of a new convergent law on

Posted in Broadcasting, Licensing, Policy & Regulation, Spectrum, Telecoms & Broadband Photo of Mark BrennanPhoto of Michele FarquharPhoto of Ari FitzgeraldPhoto of Trey HanburyPhoto of Federico Hernández Arroyo

The new Mexican Federal Telecommunications and Broadcasting Law

As part of the constitutional reform in telecommunications matters published on 11 June 2013 (the Constitutional Reform), the new Federal Telecommunications and Broadcasting Law (the Law) was finally published on 14 July, and went into effect this past 13 August. The new Law establishes a new regulatory framework in the telecommunications and broadcasting sector in Mexico, which contains the principles based on the Constitutional Reform, whose principal objectives are: the creation of more rights, the promotion of competition, and the provision of better services at lower prices. Additionally, along with

Posted in Broadcasting, Policy & Regulation, Spectrum, Telecoms & Broadband Photo of Federico Hernández Arroyo

Mexican Telecommunications and Broadcasting Law to enter into effect 13 August 2014

On 10 June 2013, after a fast-track approval, the decree to reform the Mexican Constitution (the “Reform”), mainly in telecommunications matters, was enacted by President Enrique Peña Nieto. The Reform recognized as human rights the access to: (i) information and communications technology, and (ii) broadcasting and telecommunications services, including broadband and the Internet.  Following the Reform, the Federal Telecommunications and Broadcasting Law (the “Law”) was published on 14 July and will enter into effect on 13 August 2014. The Reform creates the Federal Institute of Telecommunications (“IFT”), a new regulatory

Posted in Broadcasting, Copyright, Entertainment & Content Photo of Penny Thornton

USA: Supreme Court finds Aereo live streaming service infringes copyright

The US Supreme Court has delivered its much anticipated ruling in American Broadcasting Cos., Inc., et al. v Aereo, Inc, a case about whether Aereo’s live streaming service infringes US broadcasters’ public performance right. The Supreme Court found that it does, overturning the ruling of the Court of Appeals for the Second Circuit. In 2012 the owners of various copyrights in television content sued Aereo in relation to its live streaming service, which allows subscribers to watch free, over-the-air television stations on its website at virtually the same time as

Posted in Broadcasting, Licensing, Spectrum, Telecoms & Broadband Photo of Michele Farquhar

Broadcast Incentive Auction Update: Rules of the Road Coming Soon

The FCC is expected to vote on rules governing the broadcast incentive auction during its May 15 open meeting.  Although the Report and Order outlining the rules is still being circulated internally among FCC leadership and has not been released to the public, the FCC has not been shy about telegraphing the direction the final rules might take, including broadcaster-related provisions.

Posted in Broadcasting

Polish competition authority uncovers collusion in sports broadcasting

On 21 August, 2013, the President of the Polish Office of Competition and Consumer Protection (“UOKIK” ) fined pay-per-view (PPV) providers a total amount exceeding PLN 3.6 million for setting a minimum resale price for the PPV transmission of sports events. The UOKIK started antitrust proceedings in November 2012 and found that the license agreements concluded between the holder of the broadcast rights (Sportfive) and certain broadcasters (UPC Poland, Cyfrowy Polsat, Vectra, Multimedia Polska, Toya, Inea, Echostar Studio ZTS Tele 4, SGT, ZUA Antserwis, TK Antserwis and Asta-net Asta Group)

Posted in Broadcasting, Licensing, Policy & Regulation, Spectrum, Telecoms & Broadband

Reform of the telecom & broadcasting sectors in Mexico

Mexico has announced a major reform in the telecommunications and broadcasting sectors, liberalizing not only foreign investment, but also promising antitrust enforcement and government infrastructure sharing, along with targeted sector-specific regulatory reform. These changes, when implemented, will provide significant opportunities for international investors to enter and/or increase their positions in the Mexican telecommunications and broadcasting sectors. The attached summary presents a preliminary analysis of the reform which is expected to be implemented as early as year-end and by which: Foreign investment will be significantly liberalized in the telecom and satellite

Posted in Broadcasting, Internet Photo of Aleksandra Kuc

Poland Introduces Video-on-Demand Regulations

Almost three years after the expiry of the deadline set by the European Union, Poland is finally taking action to bring its laws into line with the EU’s Audio-visual Media Services Directive. To this end, last month the Polish government accepted the bill on amending the Act on Radio Broadcasting and Television which introduces into the Polish legal system the regulations concerning video-on-demand services. All previous attempts to regulate video-on-demand services in Poland have failed as a consequence of the controversial wording of the proposed bills. In particular, Polish internet