Category: Media and Entertainment

The internet, to regulate or not to regulate? House of Lords calls for new digital regulator

1 April, 2019

The House of Lords Select Committee on Communications has published a report recommending a new approach to, and comprehensive and holistic strategy for, regulating the digital environment. Unsurprisingly the report concludes that the "digital world has not kept pace with… Read more

The European Parliament votes in the EU Copyright Directive including controversial Articles 11 and 13

29 March, 2019

On 26 March 2019, the European Parliament voted in favour of the new EU Copyright Directive (the "Directive") marking the end of lengthy negotiations and delays. The aim of the Directive is to enhance the position of rights' holders in… Read more

House of Lords launches inquiry into remit of public service broadcasting in the age of video on-demand

22 March, 2019

In response to the rising popularity of video on-demand services, the House of Lords Select Committee on Communications ("Committee") has launched an inquiry into the future of public service broadcasting. The Committee notes that public service broadcasters (PSBs) such as… Read more

Political agreement reached on controversial EU Digital Copyright Directive: A fair and balanced result?

4 March, 2019

Following a turbulent course of lengthy negotiations and delays, political agreement was finally reached by the European Commission, European Parliament and the Council of the EU on the revised proposal of the EU Copyright Directive (the “Directive“) earlier this month.… Read more

From Paris With Love: Latest Brexit Twist for Audiovisual Media Services Industry

4 February, 2019

NO DEAL PLANNING FULL STEAM AHEAD? With just under 2 months to go before the UK is due to exit the EU and the possibility of a no-deal Brexit still looming, the UK audiovisual media services industry, the largest in… Read more

Digital TMT and Sourcing Predictions 2019

24 January, 2019

2018 was a landmark year for digital TMT and sourcing. Against the backdrop of the UK's impending departure from the EU, there were a wealth of highlights as regulation moved further towards greater harmonisation at the European level; the… Read more

Updates to AVMS Directive enter into force

19 December, 2018

As part of its Digital Single Market Strategy and following extensive consultation in 2015, in May 2016 the European Commission adopted new legislative amendments to the Audiovisual Media Services Directive ("AVMSD"). The proposals seek to modernise the Directive to reflect… Read more

Audiovisual Media Services: Council approval upgrades the EU framework for a digital age

23 November, 2018

On 6 November 2018, the Council of the European Union formally adopted a new directive revising the existing Audiovisual Media Services Directive (2010/13/EU) ("AVMSD"). This is the final stage in the lengthy legislative process and the new directive will enter… Read more

Budget 2018: Investing in a rapidly evolving digital landscape

30 October, 2018

Advances in technology and changing business models are transforming the global economy across all industry sectors. The measures announced by the Chancellor in Monday's Budget Speech showcase how the UK Government is seeking to embrace innovation and new and emerging… Read more

Audiovisual media services: Back to the 80’s?!

12 April, 2018

On 19 March 2018, the European Commission published a notice to stakeholders on the consequences of Brexit for audiovisual media services. This makes it clear that, subject to any transitional arrangement, as of the withdrawal date, the EU rules in… Read more

House of Commons briefing on mobile roaming and Brexit

2 July, 2017

In July 2017, the House of Commons Library published a briefing paper on the impact of Brexit on the recent abolition of mobile roaming charges (the "Briefing Paper"). The European Commission's 2015 regulation on roaming and net neutrality (the so-called… Read more

Ofcom reports on ISP compliance with the EU net neutrality regulation and the FCC suggest amendments to the 2015 Order in the US

1 July, 2017

Ofcom has recently published its annual report monitoring internet service providers' ("ISP") compliance with the EU Net Neutrality Regulation (the "Regulation"). The Regulation came into effect on 30 April 2016 and imposes a range of obligations on ISPs including the… Read more

First Digital Economy Act Commencement Regulations Published

1 July, 2017

The first commencement instrument under the Digital Economy Act 2017 (the "Act") has now been published. The Act anticipates staggered commencement dates with many of the provisions being commenced and the detail provided by secondary legislation. The recent Digital Economy… Read more

New content portability rules published in the EU Official Journal

1 July, 2017

On 30 June 2017, the new regulation on cross-border content portability was published in the EU Official Journal. Under the Regulation EU citizens will be able to make full use of their paid online content services (across film, sport, television,… Read more

Gambling Commission issues new enforcement strategy

1 July, 2017

On 5 July 2017 the Gambling Commission issued a new enforcement strategy which will be used to deal with operators who breach gambling regulations. The new strategy came into force on the day it was issued and follows a related… Read more

Gambling Commission issues new regulations for online providers to help consumers track gambling activity

1 July, 2017

The new enforcement strategy follows new regulations that were introduced by the Gambling Commission last month and aimed at ensuring that online operators offer all consumers in the UK the same tools to monitor their gambling activities. The measures ensure… Read more

IPSO issues guidance on using material taken from social media

1 July, 2017

On 4 July 2017 the Independent Press Standards Organisation (the "IPSO") published guidance for editors and journalists seeking advice on how the Editors' Code of Practice applies to the use of material taken from social media to support or illustrate… Read more

Ofcom arrangements with the BBC regarding complaints about BBC online material

1 July, 2017

In a recent statement Ofcom and the BBC announced how they intend to address BBC online complaints. In April 2017 Ofcom took over from the BBC Trust as the external independent regulator of the BBC for the first time in… Read more

Ofcom publishes new regulatory fees regimes for on-demand programme services

22 June, 2017

In a recent statement published by Ofcom, the regulator outlined its new regulatory fees regime for on demand programme services ("ODPS"). ... Read more

Ofcom and CMA reports submitted to the Government on acquisition of Sky by 21st Century Fox

22 June, 2017

On 20 June 2017 Ofcom submitted a public interest report to the Government on the proposed acquisition of Sky by 21st Century Fox ("Fox"). The Competition and Markets Authority also submitted a related report on jurisdiction on the same date.… Read more

Ofcom and CMA reports submitted to the Government on acquisition of Sky by 21st Century Fox

22 June, 2017

End of retail roaming charges in the EU

21 June, 2017

15 June 2017 marked the end of retail roaming charges across the EEA. The European Commission's 2015 regulation on roaming and net neutrality (the "Roaming Regulation") set out a new retail pricing regime for regulating roaming services with the objective… Read more

European Commission publishes new version of open source licence

21 June, 2017

The European Commission has released a new version of the European Union Public Licence ("EUPL"), a tool for publishing any copyright work under an open source licence. The EUPL is an open source licence created by the European Commission and… Read more

Council of the EU’s position on new rules for supply of digital content

21 June, 2017

On 8 June 2017, the Council of the EU adopted its position on a proposed directive setting out new rules for business-to-consumer contracts for the supply of digital content and digital services. This follows the European Commission's proposal for the… Read more

E-commerce sector inquiry: EU commission publishes final report

20 June, 2017

Last month the EU Commission published its final report in the e-commerce sector inquiry launched in May 2015 as part of a wider Digital Market Strategy which aims to achieve better access for consumers and businesses to online goods and… Read more

Digital Economy Act 2017: The pick ‘n’ mix assortment of provisions receives Royal Assent

17 June, 2017

The Digital Economy Act (the "Act") finally received Royal Assent on 27 April 2017 and the final text was published at the beginning of May. First introduced in the House of Commons in July 2016, it has been the subject… Read more

Secretary of State for Media, Sport and Culture publishes UK Digital Strategy

17 June, 2017

In March 2017, the Secretary of State for Media, Sport and Culture published its long-awaited strategy for a post-Brexit digital Britain. The UK Digital Strategy aims to support the growth of the UK digital economy. It builds on the framework… Read more

Digital Economy Act 2017: The pick ‘n’ mix assortment of provisions receives Royal Assent

22 May, 2017

The Digital Economy Act (the "Act") finally received Royal Assent on 27 April 2017 and the final text has recently been published. First introduced in the House of Commons in July 2016, it has been the subject of much scrutiny and… Read more

Consultation on fee structure for on-demand programme services

28 March, 2017

On 2 February 2017, Ofcom launched a consultation to investigate an appropriate fee structure for on-demand programme service ("ODPS") providers from the financial year 2017 – 2018 onwards. ... Read more

Creative industries and search engines agree voluntary anti-piracy code

28 March, 2017

In February 2017, search engines (such as Google and Bing) and representatives of the creative industries agreed a voluntary code of practice to demote copyright infringing website links from the first page of search results for consumers in the UK.… Read more

High Court orders ISPs to block their customers from receiving unauthorised streaming of Premier League football matches

28 March, 2017

Following on from a number of decisions in which internet service providers ("ISPs") were ordered to block their customers from accessing websites whose content infringed the rights of intellectual property owners, the High Court has granted an order sought by… Read more

ITV & Others v TVCatchup: CJEU rules s.73 CDPA defence not applicable to online streaming of live TV broadcasts

1 March, 2017

The CJEU has issued its ruling on the latest question referred to it in the long-running dispute between ITV (and others) and TVCatchup, as to whether Article 9 of the InfoSoc Directive permits the UK to retain the defence contained… Read more

New EU content portability regime agreed with concerns still remaining about its potential impact on territorial licensing models

9 February, 2017

Agreement was reached by the European Parliament, the Member States and the European Commission on Tuesday 7 February 2017 in respect of a new regulation to enable cross-border content portability. From 2018, EU citizens will be able to make full… Read more

Linking to liability? CJEU rules on hyperlinking and copyright infringement

13 September, 2016

In September 2016, in a further key decision on hyperlinking and copyright, the CJEU held that creating hyperlinks may be a communication to the public and so may amount to copyright infringement, if the creator of the hyperlinks knows or… Read more

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