Broadcasting regulation

The Broadcasting Directive (Directive (EU) 2019/789 of 17 April 2019) seeks to set clear rules for broadcasting online. GESAC and its members have a vested interest in this matter, in light of the fact that according to our annual numbers in 2017, 37% of its collections come from TV and radio broadcasting and retransmissions.

The European Commission intended to revise existing Satellite and Cable Directive’s rules from 1993 (Directive 93/83/EEC) in light of the current online transmission possibilities and new forms of retransmission technologies.

The final text of the Broadcasting Directive, which was first proposed as a regulation by the Commission in 2016 with a slightly different scope to its adopted version, addresses the emerging problems in the online broadcasting and deals with three important legal issues that play a crucial role in functioning of the broadcasting market and remuneration of creators:

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1. Country of origin principle for online ancillary services of broadcasters:

Certain online services ancillary to broadcasters’ original broadcast programming that relates to “news and current affairs” and their “own productions” are made subject to country of origin principle (Article 3 and Recital 10). While contractual freedom of broadcasters is preserved within the framework provided in the EU law, the possibility for those who want to use this opportunity for the relevant content has been guaranteed by law.

2. Extension of mandatory collective management schemes to new forms of retransmission services

3. Direct injection