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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 Digital Single Market (EU) Dr. Nils RauerFalk SchoeningWinston MaxwellPeter WattsMarco 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
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Posted in Advertising, Policy & Regulation Natalia GulyaevaMaria 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 … Continue Reading

Posted in Broadcasting, Digital Single Market (EU) Winston MaxwellMarco BerliriAlberto BellanEva 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 “… Continue Reading

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 … Continue Reading

Posted in Digital Single Market (EU) Matthew LevittJan 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 … Continue Reading

Posted in Advertising, Broadcasting, Digital Single Market (EU) Peter WattsCharlie HawesOliver 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 … Continue Reading

Posted in Broadcasting, Telecoms & Broadband 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 … Continue Reading

Posted in Broadcasting, Internet, Telecoms & Broadband Logan BreedMeghan Edwards Ford 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.  … Continue Reading

Posted in Copyright, Entertainment & Content Dr. Nils RauerAlastair 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 … Continue Reading

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 … Continue Reading

Posted in Broadcasting, Policy & Regulation, Telecoms & Broadband 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 … Continue Reading

Posted in Broadcasting, Licensing, Policy & Regulation, Spectrum, Telecoms & Broadband Mark BrennanMichele FarquharAri FitzgeraldTrey HanburyFederico 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 … Continue Reading

Posted in Broadcasting, Policy & Regulation, Spectrum, Telecoms & Broadband 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 … Continue Reading

Posted in Broadcasting, Copyright, Entertainment & Content 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 … Continue Reading

Posted in Broadcasting, Licensing, Spectrum, Telecoms & Broadband 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 … Continue Reading

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 Continue Reading

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 Continue Reading

Posted in Broadcasting, Internet 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 … Continue Reading