Debate on future audiovisual regulation

© Cullen International SA 2015

Debate on future audiovisual regulation

Laura Sboarina

Cullen International Latam-EU symposium

Cartagena – November 6, 2015


Protection of minors

Level playing-field

Cultural diversity

Media pluralism

Exploiting without investing

Lack of market

data

Innovation

Consumers’ demand

..but audiovisual is different

Again on OTTs..


On video OTTs, traditional players are kicking back


In the EU OTT content services are regulated

..with some exceptions


But the increasing competition with TV channels challenges the graduated approach

On-demand

TV broadcast


Video sections of online newspapersProfessional/branded content on video sharing platforms

and convergence makes it more difficult to define scope

http://tv.aftonbladet.se/webbtv/





High share of VOD services available in the EU that are established in the US

Source: EC study on development of VOD services in the EU, Mar. 15


..as well as VOD with multiple reach established in the EU countries with the most favourable conditions

NL:

13

LU:

29

UK:

69

SE:

18> Countries with the highest number of established VOD services with multiple reach(Audiovisual Observatory database)


Extended the framework to cover other unregulated

online services?

Need to create a level playing-field between TV channels and on-demand services?

to be addressed in the revision of the audiovisual framework

..all of which raises several questions

Simplify existing rules to reduce regulatory costs and provide more legal clarity?

Extend the framework to cover

non-EU services targeting EU audience?


Initiatives on taxation

Registration

In Latam OTT services not regulated but..

In Argentina OTT providers need to register to cinema institute as film online distributors

In Brazil, attempts to levy the tax to fund AV production to OTTs, and bill to impose payment of local tax (pending adoption)

In Buenos Aires tax levied on streaming AV services (temporary

suspended) Ongoing debate


Quotas imposed on open TV channels

Quotas imposed on pay TV channels

Quotas imposed on open TV and pay TV

channels

No quotas

Countries where traditional players are bound by obligations to promote national content

In Brazil and Argentina specific quotas for independent national productions

In Chile obligations are aimed to promote programmes (including non-national) with cultural content

In Brazil pay TV operator must include national channels in

TV packages


Taxes to fund production

No taxes to fund production

No specific tax to fund production but

licensing fees fund public TV activities

..or taxes to fund audiovisual productions

In Argentina taxes apply to (open and pay TV) channels and to platform operators

In Colombia licensing fees go to a fund to sustain public

television activities

In Brazil taxes apply to rightsholders, network

operators, and other players exploiting audiovisual works


The floor is yours

Debate on future audiovisual regulation

Business

Transcript of Debate on future audiovisual regulation