VAUNET EU Manifesto 2024-2029

Our Vision for the Future of Audio- & Audiovisual Media in Europe

As the organization for private audio and audiovisual media in Germany with more than 160 members, we are committed to fair competitive conditions, proportionate consumer and data protection, strong copyright law and contractual freedom – all in the interest of democratic cohesion and a pluralistic media world that enables private radio, TV, streaming and online media providers to promote their economic interests and to sustainably secure their socio-political and cultural significance in the digital age. The framework for this must be created by a sustainable media, competition and digital policy.

Our vision

A competitive and diverse media landscape that utilizes cutting-edge technologies and different distribution channels to ensure reliable information, cultural diversity, democratic cohesion, media plurality and economic prosperity in Europe.

A new media ecosystem

The rise of big-tech platforms, recommendation systems, user-generated content, AI innovations and the multitude of connected devices is rapidly transforming the media landscape and user behavior. The way content is produced, accessed and distributed is radically changing. Meanwhile, disinformation on big-tech platforms is increasing distrust, dividing society and destabilizing our democracies.

Audio and audiovisual media are a fundamental pillar of social cohesion and democratic stability in Europe

VAUNET members invest heavily in high-quality content and trusted news as well as in diverse distribution channels. Especially in times of political uncertainty and wide-spread disinformation, they provide reliable information and thus help to protect democracy. The commercial media industry has an impact by communicating narratives about values and cultural diversity, driving innovation, growth and societal development.

Audio and audiovisual media are a fundamental pillar of Europe’s competitive edge

Commercial audio and audiovisual media are one of the main drivers of the European Cultural and Creative Industries (CCIs), the third-largest source of jobs and growth in Europe, representing 17 million jobs and 6.9 per cent of EU GDP. CCI’s economic contribution surpasses that of telecommunications, high technology, pharmaceuticals and automotive industries.

A diverse, competitive media landscape in Europe needs a holistic and coherent approach to regulation

The audio and audiovisual sectors are both economic and cultural assets: Securing the financial sustainability of editorial media is crucial for e. g. ensuring journalistic reporting. Sustainable financing of content must not be made more difficult by restrictive regulation.

In all policies that directly or indirectly affect the financial sustainability of the media, policymakers must pay particular attention to the media (media impact assessment) – to ensure continued success and competitiveness of Europe’s cultural powerhouse. In a new European Commission, it should therefore be ensured that media legislative procedures and issues continue to be dealt with by a Directorate General with a media-convergent, industry policy approach.

Promoting fair competition in digital markets by enforcing the DMA and antitrust rules

Global big-tech platforms are expanding their market power in the media and advertising sectors and have a significant influence on the accessibility, findability and sustainable financing of content as well as the formation of the public opinion.

The Digital Markets Act (DMA) addresses media companies’ key concerns vis-à-vis platforms: access to data, neutral usage measurement and non-discriminatory measures (e.g. against self-preferential treatment of platform-owned offerings) are essential prerequisites for improving competitive conditions. But gatekeeper power also affects competition in emerging areas such as generative AI. In addition to effective enforcement, the DMA and antitrust law must therefore be constantly developed in order to maintain their relevance in the face of rapid technological change. This applies in particular to virtual assistants of large tech companies that are currently not yet designated as gatekeepers.

Policy Recommendations:

• Efficiently enforce the DMA and European antitrust law
• Implement additional measures in the field of ad tech and interoperability
• Continuously develop the existing legal framework by adapting market definitions to competition realities to ensure non-discriminatory access and discoverability, e.g. in the area of virtual assistants
• Encourage the development and promotion of hybrid broadcast & IP standards (e.g. HbbTV, DVB-I, RDK, etc.) that enable seamless evolution of distribution technologies and help broadcasters innovate

Enabling advertised-based business models that sustainably finance content

Commercial audio and audiovisual media are financed both through advertising and subscription models. Advertising and targeting limitations or bans, the favoring of proprietary online advertising technology services by big-tech platforms and excessive consumer protection regulations for the purchase and payment of digital content weaken the competitive position of commercial media, cutting off revenue. It is vital to foster a level playing field, especially on online advertising markets and address the foreclosing gatekeeper practices such as phasing out 3rd party cookies.

We advocate a risk-based approach to consumer protection policies that acknowledges the controlled nature of traditional media environments, in contrast to less regulated players like big-tech platforms. Self-regulation should be considered as a viable complement to respond quickly to market changes and consumer concerns.

Policy Recommendations:

• Avoid excessive targeting restrictions or advertising bans e.g. in the field of HFSS food, alcohol or energy which unfairly burden private media and undermine sustainable financing of audio and audiovisual content and media pluralism.
• Achieve a better balance between consumer protection measures and the commercial interests of audio and audiovisual media services, especially in the area of streaming, through proportionate and flexible consumer protection policies.

Promoting an innovation-friendly data protection regime

Media companies handle personal data ethically and lawfully. Restrictive data protection requirements, such as excessive consent requirements or advertising bans, hinder their ability to innovate digital offerings and compete with gatekeeper platforms.

An innovation-friendly approach to data protection and legal certainty is indispensable for commercial media. However, the General Data Protection Regulation (GDPR) must not be interpreted in an increasingly restrictive manner and established business models such as „pay-or-consent“, which improve data protection, must not be jeopardised. Alternative advertising technologies, such as contextual advertising, must also be harmonised with economic realities as supposedly better solutions.

Policy Recommendations:

• Data processing for advertising purposes should not rely excessively on user consent as a basis for permission. Instead, the legitimate business interests of private media companies, including their role in safeguarding diversity of opinion, should be given greater emphasis in the authorisation provisions of the GDPR.
• The requirements of the GDPR should not be interpreted in an increasingly restrictive manner, making them impossible to fulfil.

No need to revise the AVMSD but focus on consistent enforcement of existing legislation

European media regulation has expanded with new laws like the European Media Freedom Act (EMFA), Digital Services Act (DSA), DMA and the Artificial Intelligence Act (AI Act). The EU Commission should first focus on enforcing existing legislation, particularly in relation to gatekeeper platforms, to ensure a level playing field on digital markets. Given that the purpose of the Audiovisual Media Services Directive (AVMSD) to protect journalistic-editorial audiovisual media providers is still valid, there is no need to amend the Directive, after weighing up the opportunities and risks of an amendment.

The cornerstone of the AVMSD is the country-of-origin principle. It is of fundamental importance for TV broadcasters and streaming providers as it supports a harmonized, cross-border audiovisual internal market in which Member States must retain sufficient flexibility to ensure diversity of opinion and media pluralism.

Should the EU institutions nevertheless decide to amend the AVMSD in the coming legislative period, this should be done on the premise that the main motivation is to deregulate and increase flexibility, e.g. by abolishing outdated advertising rules or disproportionate quota and investment obligations, while ensuring the findability of commercial media providers as services of general interest.

Policy Recommendations:

• No need to amend the AVMSD as its purpose is still to protect journalistic-editorial audiovisual media service providers, but focus on enforcing existing legislation such as the DMA, DSA, EMFA and AI Act
• If the AVMSD is updated, minimize and avoid (new) unnecessary burdens on audiovisual media service providers, such as outdated advertising restrictions, disproportionate quotas or investment obligations, utilise potential for flexibility, while maintaining key principles such as the country-of-origin principle and well-established definitions e.g. for European works.

Protecting content creation and combating online piracy

Piracy of copyright-protected content and broadcast signals continue to be a mass phenomenon and remains a serious problem in Europe. Global piracy significantly undermines the commercial value and exploitation of live and premium content. But regulation has not kept pace to counter copyright infringements worldwide and ensure proper market functioning. Rights holders must be able to take effective action against online piracy. In this sense, strengthening access, findability, and financial sustainability of professional media is crucial to not only offset illegal content but also disinformation online.

Policy Recommendations:

• The EU should enforce the key provisions of the Digital Services Act (DSA) and introduce a regulation to combat online piracy of live events with measures to speed up the take-down process.
• The review of the Live Piracy Recommendation needs to concentrate on making available appropriate tools to address piracy of live events.
• Conclude the WIPO Broadcasting Treaty as an international anti-piracy instrument to protect broadcasters’ rights on a global scale

Preserving exclusive territorial licensing and contractual freedom

Intellectual property and contractual freedom are key to a competitive and diverse cultural and creative industry. They need to be preserved and enforced effectively.

Contractual autonomy and licenses are the pillars of trade and value creation for the audio and audiovisual media sector. The principle of territoriality is anchored in European copyright law and exclusive territorial licensing is crucial to attract investment in AV content.

Policy measures should safeguard contractual freedom and ensure that the production partners have the flexibility to choose between different financing models. The aim is a fair balance of interests among rights holders, creative industries, platforms and users.

Policy Recommendations:

• Preserve exclusive territorial licensing in the audiovisual sector by maintaining the geo-blocking exemption for AV works, as the reasons for excluding the AV sector from the 2018 Geoblocking Regulation remain valid.
• Reject a one-size-fits-all approach and advocate legal certainty by preserving contractual freedom in view of the high risks that media take when investing in content.

Advocating for strong IP rights, in particular in the context of generative AI models

Innovation and copyright are the cornerstones of the audio and audiovisual sector. Strong IP rights encourage creativity, while a pro-competitive and coherent approach to IP ensures legal certainty.

Generative Artificial Intelligence is ushering in a new era in digital content creation, revolutionizing the way we interact with digital media. The use of content and data to train AI models without due consideration of copyrights represents a significant exploitation of these rights. It is therefore essential that the training of generative AI systems with such content is subject to the consent of the rights holders. In order to preserve the IP value chain, transparency is needed about what data is used to train generative AI, as well as appropriate measures to prove the exploitation of copyrighted content.

Policy Recommendations:

• Protect copyright from unauthorized access and use and ensure that Generative AI models comply with the existing copyright frameworks and provide meaningful transparency about their training data.
• Establish coherence between different elements of the copyright framework, notably the Directive on copyright and related rights in the Digital Single Market (CDSMD), DSA, SatCab Directive and AI Act to ensure right holders can effectively protect and enforce their rights