Lenka Hrivnáková, Author at The Association of Commercial Television

REPOSITORIES UNDER FIRE. NOVA AND PRIMA CRACK DOWN ON ILLEGALLY SHARED CONTENT

Private TV stations have achieved groundbreaking preliminary rulings. Major operators have had to cut off access to several file-sharing repositories.

Customers of several operators, including Vodafone, T-Mobile, and O2, are experiencing problems loading the Datoid, eDisk, and SledujteTo internet storage sites. Under standard conditions, these sites are unavailable for most clients, but this is not due to technical problems. The reasons are legal actions by private TV stations following long-standing copyright infringements by repository operators.

Members of the Association of Commercial Television (AKTV) – TV Nova and TV Prima – have applied to the Regional Court in Brno to issue a preliminary ruling ordering six operators to block access to specific domains.

“We only take the most severe measure, a motion to block the entire domain, when we have exhausted the milder options for protecting our members’ copyrights. This was the case for both eDisk and Datoid,”

Klára Brachtlová, President of AKTV, explains in an interview for DigiZone.

It was Datoid that drew attention to the recent preliminary ruling. “It is absolutely unbelievable that it actually happened in a democratic society that a judge decided to make the service unavailable to several millions of users without the service provider being able to defend itself in any way and to express its position (it was done with immediate effect while the Court of Appeal will probably not rule for several months!),” the service provider wrote in an official statement.

“We understand the commercial broadcasters’ interest in protecting their copyrighted works, and we have always and promptly satisfied their requests to remove the reported content – but we have also always fought to ensure that the rights of our users are not harmed (e.g. when user content was repeatedly reported as infringing even though it didn’t infringe anything, just had the same name as the current series),” says Datoid.

However, AKTV has a very different opinion on Datoid’s alleged willingness. Klára Brachtlová reminds us that since January last year, an amendment to the Copyright Act has been in force, which introduced the obligation to “notice and stay down”.

“This means that when a copyright holder calls and reports that they have a copyright in a film, TV show or music album, the repository operator has an obligation to prevent the distribution of the copyrighted content through its service. This means not only deleting all reported copies but also putting in place technical measures to ensure that the work can no longer be publicly shared or uploaded at all,” she adds.

According to Brachtlová, commercial broadcasters are first trying to reach an out-of-court settlement. They call on the operators of the storage sites to take measures under the law. The association even offers to cooperate with them on technical solutions, such as automatic filters. “However, a number of repositories continue to claim that their obligations under the current legislation are limited to removing a specific reported file, and that closes the whole matter for them. However, this has not been the case since at least last year’s amendment, and it was not entirely the case before,” continues the Association’s President.

If the repository is not willing to come to an agreement, the next step is to take the operators to court where the commercial stations seek protection for specific series or shows.

“In other words, we require repository operators to ensure that our members’ works are not available on their service. In the first phase, which was the case with eDisk and Datoid, we sought judicial protection for specific works, not blocking the entire service,”

adds Klára Brachtlová.

Although the court ruled in favour of the commercial TV companies, the operators ignored the decision, and enforcement proceedings followed. At this stage, the repositories are gradually imposed fines that can total millions of Czech crowns. However, some operators do not pay these fines because they are officially destitute. Instead, they look for ways to avoid the preliminary ruling, for example by changing the operator to another entity, sometimes outside the EU, or by changing the domain.

“In the case of Datoid, the operator did not collect mail from the data box, did not comply with the preliminary ruling and the enforcement procedure has had no results because the bailiff has not been able to identify any assets. Beyond our duties, we even urged Datoid to voluntarily comply with the court’s order before the enforcement procedure was initiated – all in vain,” says AKTV’s President, explaining what preceded the blocking of the domains.

The eDisk repository tried an evasive manoeuvre with a formal move to Seychelles. “I don’t know who their advisor is, but it is a mistake to think that this will grant them impunity. In this situation, we had no choice but to seek the blocking of the domain,” adds Klára Brachtlová.

The preliminary rulings list the Czech and Slovak domains of the three repositories where copyright infringement is taking place and commercial TV stations have exhausted other instruments. “We are suing the operators to deny their customers access to the addresses where the court finds there is a legal reason to do so,” Brachtlová explains. At the same time, this resolves the situation where the storage is not on a Czech domain.

However, blocking access to a domain is not a one-size-fits-all solution. The repositories are not parties to the proceedings because the operators are the defendants, so they cannot challenge the preliminary rulings. However, Datoid moved to another URL immediately, and eDisk and WatchTo have also launched alternative addresses.

In addition, the preliminary rulings apply to only six selected internet service providers out of almost two thousand. And the repository is actively and very specifically advising users how to technically bypass the measures to get back on the site. AKTV is aware of the technical limits but is convinced that most ordinary users will be discouraged by these steps.

“Even on the new Datoid domain, we have tracked down more than 100 works of our members that are there illegally just by a random, quick search. We are also determined to crack down hard and uncompromisingly on these tactics with all available means,” says AKTV’s President in response to the latest developments. Among other things, commercial broadcasters are irritated by the business model of repositories that incentivise users to upload files with various rewards and/or collect money for faster downloads. In addition, foreign copyright works are ‘wrapped’ in advertising.

“The repositories are now referring to this as being like cancelling an entire bus route because of two stowaways, but they got themselves into this situation by their own attitude. Because if we go by that analogy, they drive and operate the bus without regard to traffic laws, and despite numerous calls, they don’t respect traffic lights or stop signs. And such a driver will eventually have his or her licence revoked after exhausting less strict measures such as fines and penalty points. It is exactly the same with the operators of the repositories,” says Klára Brachtlová, referring to Datoid’s reaction.

Finding and reporting links costs time and money. “Just to give you an idea, every day broadcasters send hundreds of links to about ten so-called repositories where copyright infringement is most common on the Czech internet. I dare say that all repositories are aware that much of illegally shared content is found on their services,” adds the President of AKTV.

The Association would therefore welcome a more automated mechanism. For example, in Greece, France, Italy, and Lithuania there are blocking authorities that can intervene faster than the courts against illegal content. In Western Europe, for example, this is how they deal with illegally streamed sports matches. Czech politicians, however, are not too keen on this approach.

The chair of the Czech Pirate Party’s parliamentary club was upset by the current shutdown of domains. “I understand that the courts block unauthorised films and fine companies for that, but to shut down normal user data is too much! And I will adequately propose the abolition of the absurd fees of a few percent of the price of mobile phones, computers, and memory because they are fees for nothing. Downloads of copyrighted works have been greatly reduced and many more people pay for Netflix, Spotify, and YouTube, so I don’t know why they should pay 100 million a year for nothing,” said Jakub Michálek.

Commercial broadcasters remind that illegal access to protected works is a criminal offence and a number of uploaders have already been convicted and ordered to pay millions in damages.

“Our experience shows that where there is a will, there is a way. The excuses of many repositories that the demands of our members are not realistic and that it is technically impossible to ensure filtering of our members’ content are not true. Our cooperation with FastShare.cz and Fastshare.cloud clearly shows that the protection of our copyrights can be ensured in cooperation with the repository operator. We firmly believe that other repositories will join FastShare soon,”

adds Klára Brachtlová, referring to a promising example.

Source: lupa.cz

FOUL PLAY: THE HIGH COST OF IP INFRINGEMENT IN SPORTS

As Europe gears up for major sporting events like UEFA EURO 2024, the Tour de France, and the Olympic Games in Paris, the European Union faces concerning trends in illegal sports streaming and counterfeit sporting goods. According to EUIPO data, millions of EU citizens access or stream sports content from illegal online sources while fake sports equipment cost manufacturers €850 million per year. This poses a substantial threat to the financing of sports, as revenues from legitimate broadcasts are critical for the support of sports organisations and athletes.

Young people more likely to stream sports illegally

According to the EUIPO’s IP perception study, 12% of EU citizens access or stream sports content from illegal online sources. This number rises to 27% among young people aged 15-24 with 47% of Bulgarian youth admitting to such activities. This is followed by Spain and Greece at 42%, Slovenia at 39%, and Ireland at 34%.

According to the EUIPO’s study on online copyright infringement, streaming is the most common method to access illicit TV content – 58% of piracy in the EU occurs via streaming and 32% through download.

Impact of counterfeit sports goods

According to the EUIPO’s Intellectual Property and Youth Scoreboard, 10% of EU youth age 15-24 admit to purchasing fake sporting equipment intentionally. Conversely, 7% of young European consumers have bought counterfeit items by accident.

The impact of these counterfeit sales in the EU is substantial, causing an estimated total loss of €851 million annually – equivalent to 11% of the total sales in the sector – according to EUIPO calculations. France, Austria, and the Netherlands experience the highest monetary losses, amounting to hundreds of millions of euros each. In terms of proportional impact, Romania, Lithuania, and Hungary suffer the most, with counterfeit sports equipment accounting for up to 20% of total lost sales in each country.

Furthermore, the EUIPO’s studies suggest that fake goods also pose significant health risks due to non-compliance with safety standards and environmental protection standards as indicated by the EUIPO and OECD study on dangerous goods.

Fighting live-event piracy and IP infringement

Across the EU, countries and affected parties are combatting live event piracy and counterfeiting relying on regulations and technology to block illicit online services. The European Commission has adopted two recommendations on the topic: one on combating online piracy of sports and other live events, which established a network of dedicated national administrative authorities, and another to combat counterfeiting through increased enforcement and awareness to which the EUIPO contributes through dissemination, implementation and monitoring efforts.

In addition, awareness raising plays an important role in tackling piracy by helping consumers find legitimate digital content. An example of this is the EUIPO’s Agorateka, a tool that helps viewers identify legal offers for online content, including sporting events.

Targeting counterfeit goods in Europe

Law enforcement across Europe has intensified efforts against counterfeit goods. Operation Fake Star , targeting counterfeit sporting and luxury goods, resulted in the seizure of 8 million counterfeit items valued at €120 million and the arrest of 264 individuals. The operation, coordinated by Europol and led by Spanish and Greek police along with the active participation of agencies and authorities from 18 countries, uncovered not only counterfeiting but also organised crime activities such as smuggling and money laundering.

Cooperation is key in fight against piracy

As global sporting events attract millions of viewers, the EUIPO emphasises the importance of intellectual property rights in maintaining the integrity and financial viability of sports. These efforts are crucial in protecting the sports industry and ensuring that revenues continue to support athletes and sports organisations. As the EU continues to tackle these challenges, the cooperation of consumers, authorities, and the sports community will be vital in promoting fair play both on and off the field.

More information

Source: euipo.europa.eu

MULTIPLATFORM TV & AUDIO COMPANIES UNITE AROUND FIVE PRIORITIES AS KEYS TO SUCCESS IN TOMORROW’S MEDIA LANDSCAPE

New Industry Charter outlines the collective ambition and joint commitments of multiplatform TV & audio businesses worldwide.

egta, the international trade body for multiplatform TV and audio businesses, proudly announces the launch of its Industry Charter, marking a significant milestone in its 50-year history. Unanimously adopted by over 180 companies across more than 40 markets, this landmark document outlines a visionary roadmap for the continued success of multiplatform TV & audio in today’s rapidly evolving media industry.

A Collective Vision for Multiplatform TV & Audio

The egta industry charter represents a unified vision and joint commitment on behalf of multiplatform TV and audio businesses around the world. In an era of rapid media transformation and fragmentation, egta members are dedicated to leading the industry forward with confidence and purpose.

The charter focuses on five priorities that are key to multiplatform TV & audio companies thriving in tomorrow’s media and advertising landscape:

Official Launch: An Open Invitation for Collaboration

The egta Industry Charter was unanimously adopted at this year’s Annual General Meeting and announced last week during egta’s 50^th Anniversary CEO’s and Top Execs’ Summit in London.

egta invites all industry partners who share its values and ambitions to join this transformative journey. By aligning around these key priorities, egta aims to foster collaboration that drives long-term growth and sustainability for multiplatform TV and audio businesses.

“The celebration of egta’s 50th anniversary called for symbolic and meaningful initiatives. Redefining egta as the international trade body of multiplatform TV & audio businesses was an essential first step. Defining and agreeing on five key priority areas where to concentrate our efforts, align on definitions, standards and ambitions and inviting industry-wide collaboration around clearly identified objectives seemed like the obvious essential thing to do. As an industry organisation, we are proud of this achievement and hope that we can all, as partners, contribute to the future success of our sector.”

Katty Roberfroid, Director General at egta

Industry Leaders Endorse the Charter

The vision and goals outlined in this charter were developed through a series of working groups with valuable contributions from industry leaders and senior media executives who shared their valuable expertise. The charter has the support of all egta member companies, as well as the Global TV Group and the World Radio Alliance.

Experts and thought leaders from various markets have expressed their support and enthusiasm for the egta industry charter. They have shared their thoughts on the charter and its five key priorities – see quotes below.

“We are living in times of abundance and, at times, confusion. Our media now takes many forms, available any time and on any device. Some digital platforms wish to establish themselves as media outlets, without assuming any editorial responsibility and without contributing to the creation and production of reliable and verified sources of information. This civic duty is what lies in our DNA and we remain committed to it.

This is why we believe it essential to reiterate what sets us apart, the values that drive us and the benefits that these values bring to our clients’ business. This charter is also our roadmap – at a time of media convergence, our industry has work to do to optimise the vast audio/video playing field, to make it actionable for our clients, and to do so with the right KPIs and with complete transparency.”

Laurent Bliaut, egta President and Deputy Director General, TF1 Publicité, France

“TV and radio have long been the proven media in our industry, and we intend to continue this legacy. As we evolve into multi-platform entities that encompass linear broadcast, streaming, mass reach, and data-driven targeting this brings both opportunities and complexities. Despite new competitors and increased scrutiny on ad spend, TV and radio continue to offer unparalleled advantages for advertisers of all shapes and sizes. By collaborating across markets, we can address these challenges head-on – egta’s charter is therefore an essential initiative for aligning our standards, values, and ambitions. I wholeheartedly support this charter and by all partners embracing it, we can and will set out a path to innovation, growth, and a sustainable future for multiplatform TV and audio.”

Jamie West, Independent Consultant & Former Deputy Managing Director, Sky Media UK

“The egta charter is a strong collective act. It highlights a shared vision of the strengths and commitments of our audiovisual media. It reflects our common challenges and also symbolises our actions in terms of innovation, as well as our desire to co-construct the best offer for brands and advertisers.”

Cécile Chambaudrie, President, NRJ Global

Creating Quality Experiences

“At Paramount we maximise the strength of our premium content, unique global scale and expertise to provide top quality experiences for our audiences and advertisers. Our brand-safe platforms are held to high creative and commercial standards, meeting viewers’ increasingly high expectations as well as brands’ business objectives through original and bespoke solutions.”

Lee Sears, President, International Markets Advertising Sales, Paramount, US

“The evolution of TV to a multiplatform, linear and streaming world is fascinating and provides audiences with greater content, stronger entertainment, better information, and provides advertisers with enhanced opportunities and incredible, safe contexts for their brands. In this fast-evolving world, we as an industry are thrilled to deliver this charter to show to our clients, tech partners and regulators our commitments to stronger collaboration, innovation, and leadership.”

Fabrice Mollier, President, CANAL+ Brand Solutions, France

Improving Measurement

“TV businesses around the world invest huge sums in curating an optimal environment for advertising. This investment creates a high value exchange for audiences, ensures the resulting high view-through rates of TV ads, produces the costly signals that drive credibility for brands, and secures the audience scale required for mass, effective reach. Audience measurement is the means to express the value of this investment to advertisers and, as TV evolves, so too must its measurement. egta’s industry charter is an important document. It outlines the shared ambition of TV businesses around the world to ensure that measurement not only keeps pace with change but also, crucially, that it continues to reflect and express the value created by investing in a high quality, curated environment for advertisers.”

Matt Hill, Director of Research & Planning, Thinkbox, UK

“Improving Measurement is an essential pillar of this Industry Charter. Why? Because accurate and comparable measurement will remain key in earning a place in an advertiser’s media mix. Radio and TV have a proven track record, and we will continue to champion transparency and independent audits to provide a precise and trusted view of each platform’s impact, thus driving better campaign results.”

Jan Isenbart, Chief Research Officer, ARD Media, Germany

Optimising Buying Processes

“Our focus as a radio marketer is to continually optimise the buying process. Through targeted improvements, we aim to increase efficiency, reduce costs and continuously improve quality. We rely on innovative technology and data-driven solutions to provide our customers with a seamless and superior buying experience. In order to achieve this across the industry – and even beyond national borders – we need to share information and standards so that we, and our service providers, can continue to evolve. Radio/Audio should remain an easy-to-book mass medium and continue to successfully assert itself in the competition between media genres.”

Andreas Lang, CEO, Studio Gong, Germany

Participating and Promoting in ESG

“European TV and radio marketers have long been a essential pillar of our democratic social and societal values by recognising and fulfilling their media responsibility. This sense of obligation needs to be strengthened and expanded, not only because of the increasing regulatory requirements, but also because of various disruptive social signals. The five priorities of the new egta Industry Charter now address the key challenges of contemporary sustainability requirements around ESG education, transparency, impact and collaboration and provide an excellent basis for further steps.”

Steffen Johann Hubert, Lead Sustainability, Seven.One Media, Germany

Proving impact & Effectiveness

“We empower media brands with tailored solutions, innovation, and collaboration, ensuring effectiveness for our members. We focus on delivering data-driven insights that drive commercial goals, especially by continuously highlighting measurement tools’ importance and fostering future looking industry collaboration. Last but not least, through focus on ESG, we promote a greener, more inclusive industry, prioritizing sustainability, responsibility and diversity.”

Stella Litou, CEO of Pro Plus and RTL Croatia

About egta

egta is the international trade body of multiplatform TV and audio businesses, representing more than 180 members in over 40 markets. egta members are multiplatform TV and audio businesses that sit at the intersection of traditional TV and radio and digital video and audio platforms. Multiplatform TV and audio bring together linear and on-demand services, across all screens and platforms.

egta’s mission is to enable members to flourish and grow as they connect their audiences and services with brands, contributing to a healthy and sustainable media industry. egta is a knowledge-sharing and innovation hub for its members and the broader industry. Through its unique network of experts, egta fosters collaboration and engages with policymakers, driving the industry forward through benchmarking, alignment on standards, and cooperation.

50 Years of egta

This year, egta celebrates its 50^th anniversary – half a century of resilience, cooperation, and progress, and an opportunity to reflect and adapt for the years ahead. Established in 1974 as the European Group of Television Advertisers, egta has undergone profound growth and transformation. Today, the egta membership has grown to include over 180 multiplatform TV and audio companies across Europe and beyond, with 12 new members joining the network in the last year.

To mark 50 years of evolution and growth, egta recently unveiled a refreshed visual identity to reflect the dynamic media landscape of its diverse membership. The rebranding journey involved a new logo, tagline, definition, mission statement and visual identity, plus the launch of a brand-new website with a fresh new look and feel.

Additional Resources:

egta: Website

egta: List of members

Industry Charter: Webpage

Industry Charter: PDF document

Industry Charter: Toolkit (including PPT version, editable files, fonts, images and brand assets)

Media Contact:

For more information, please contact:

Warren O’Donnell

Communications and Marketing Manager

egta, 34 Rue Washington, box 2, 1050 Ixelles, Brussels

+ 32 2 290 31 38 | warren@egta.com | LinkedIn

COMMERCIAL MEDIA HAVE RESERVATIONS ABOUT THE BIG MEDIA AMENDMENT

Representatives of the private media sector do not like the new form of the draft media amendment. They see the wording of the accompanying Memorandum, which is supposed to describe more precisely the tasks of public service media, as essential.

The commercial media also have reservations about the modified draft of the major media amendment, which has so far appeared to be a step towards a compromise solution. According to Echo24.cz, private media have even sent a letter to Prime Minister Petr Fiala expressing their “categorical disagreement” with the amendment. In it, they allegedly said that the draft media amendment contradicts EU rules and the principle of treating the funds of concessionaires as a good steward. According to the server, the letter was signed by representatives of the private radio market, such as Jiří Hrabák (Rádio Impuls), Martin Hroch (Radio United Broadcasting) and Marek Singer (FTV Prima).

The modified draft of the big media amendment was presented in mid-May, but the representatives of the commercial sector have not yet categorically commented on it. Even at the Digimedia conference held on Thursday 13 June, there was no harsh criticism. Their statements at the conference indicated that they disagreed with some points of the amendment and that they envisioned modifications to the amendment, but they did not mention the sharp disagreement addressed to the Prime Minister.

Representatives of the private media on Digimedia spoke of how they now consider the key issue to be how the role of the public service in television and radio broadcasting will be specified in the accompanying Memorandum. The creation of the Memorandum is just part of the preparations for a major media amendment that is expected to bring more revenue to Česká televize and Český rozhlas from TV and radio licence fees. Commercial players have said that they consider the text of the Memorandum to be key to maintaining the principles of the dual broadcasting system for the coming years.

“We have been saying from the beginning that we are in favour of the dual system. So we want to create a field of action for public service media and we want to discuss ways of financing public service media. However, advertising revenue is existential for us, which is why we want to be present at the creation of the memorandum,” Klára Brachtlová, president of the Association of Commercial Television (AKTV), told the conference. She did not want to specify which programmes or formats ČT should or should not broadcast. “Public service television should produce formats with social overlap, in the public interest and for minorities. However, I consider it a problem when the cost of sports rights makes up 30% of the budget for the production of programmes. At the same time, the cost of these rights is 30% higher than the cost of news and journalism and 50% higher than the cost of drama production. This is a problem,” she described.

Jan Souček, director general of Czech Television, responded by saying that Czech Television is obliged to broadcast events of considerable social importance under the 2001 Act on the Operation of TV and Radio Broadcasting. The accompanying decree of the Ministry of Culture includes, for example, the Olympic Games or the World Cup in football and the World Cup in hockey, or, among others, all matches of the Czech team at these championships.

According to the general director of Radio Impuls, Jiří Hrabák, a media landscape is currently taking shape that offers new opportunities for the creation and dissemination of media content. “The private sector has the right to know on which field it will play. It is necessary to secure the rules of operation for the private sector as well. It should be clear how broadcasting will operate,” he said. He reiterated that defining the role of the public service media is essential for discussions on funding. “We do not want to discuss how much to increase the fee. That is a political decision and the responsibility of parliament. We want it to be clearly stated what the public gets in return. But here the procedure has been the opposite. I don’t know whether a CZK 10 increase is too much or too little. I do not know what the public’s idea of a public service is. Perhaps the fee should be increased by CZK 50 or by nothing. Has there been a big expansion of the public service? Is there a need? Should it be bigger or smaller?” Hrabák asked. In his opinion, the state should ensure the development of the dual system for the next 10 years. In his view, a smaller role for commercial media in the dual system could also threaten media pluralism if a strong public service media turned into a media dominated by the ruling political force.

The media amendment proposed by the Ministry of Culture foresees an increase in the radio fee by CZK 10 to CZK 55 per month and the television fee by CZK 15 to CZK 150 per month. The amendment is expected to be considered by the government in June. According to the plan presented so far, its text should head to the Chamber of Deputies before the parliamentary recess. The proposal foresees that it should enter into force at the beginning of 2025.

Source: mediaguru.cz

JOINT CALL OF CREATIVE & CULTURAL INDUSTRIES

Joint call to ensure that creative & cultural industries’ content is more widely accounted for when designing policies and programmes within a dedicated Directorate in DG CNECT:

We are writing to you on behalf of a coalition bringing together Europe’s leading media, publishing, cultural and creative organisations and associations.

Digital policy affects the competitiveness of our sectors. With important discussions on the table including media viability, combating misinformation, artificial intelligence, protection of intellectual property and the behavior of online platforms towards our sectors it is vital that our entities’ perspective is properly considered.

During the 2019-2024 Commission, DG CNECT has been at the centre of policy-development to help make Europe fit for the digital age. The Media Policy Directorate (in charge of effective and coherent implementation of the EU media acquis, including the EMFA, AVMSD and copyright instruments), has played an important role in this context. Being part of DG CNECT has helped ensure a cohesive approach with synergies between different workstreams (for example: AI, platforms policy, future networks), all of which profoundly impact our sector.

It is essential that this joined up approach is maintained /continued in the new European Commission. Having a broad representation of all our sectors in DG CNECT allows these sectors to have an interlocutor in the key DG in charge of these crucial files. A dedicated and well-resourced Media/Cultural Industries directorate in DG CNECT, at the core of the European Commission’s policy-making activities is key to delivering the right outcomes for European creativity, diversity and competitiveness.

We also call upon DG CNECT to ensure that all creative content is taken into account when designing policies and programmes. We welcome structural continuity with increased representation as we prepare for the next mandate. This will be essential if we are to succeed with a coherent and effective regulatory framework that guarantees the sustainability of the sector.

We hope this Call will be heard and that the European Commission will take account of this as it deliberates its strategic choices.

This message is supported by the following trade associations and companies.

Abbro – Association of Bulgarian Broadcasters
ACT – Association of Commercial Television and Video on Demand Services in Europe
AER – Association of European Radios
AKTV – Czech Association of Commercial Televisions
Atresmedia
bTV
BTV
beIN SPORTS France
Bertelsmann SE & Co. KGaA
CANAL+ Group
CME – Central European Media Enterprises
Danske Medier
egta – international trade body of multiplatform TV and audio businesses
EMMA – European Magazine Media Association &
ENPA – European Newspaper Publishers’ Association
EPC – European Publishers Council
FEP – Federation of European Publishers
Liuks!
LNK
Lnk.lt
Markiza
MFE – MediaForEurope N.V.
News Media Association
NME – News Media Europe
NDP Nieuwsmedia
PopTV
ProSiebenSat.1 Media SE
ProTV
RELX
RTL Group
STM – International Association of Scientific, Technical and Medical Publishers
TV Nova
Uutis-Median Liitto
United Media
VAUNET

Copy to:

Cabinet of EC President Ursula von der Leyen
Cabinet of EC Commissioner Thierry Breton
Cabinet of EC Vice President Věra Jourová
Office of EC DG CNECT Dir. Gen. Roberto Viola

Source: acte.be

MEDIA MARKET OVERVIEW 2023: HOW DID MEDIA TYPES AND MEDIA PERFORM?

The year 2023 was the first full year in which anti-video measures were no longer in place. People didn’t feel as much need to spend as much time with media as they did in covidu, on the other hand, advertisers’ uncertainty was unblocked. We summarise how the different media and media types stood in our infographic.

The media types with the highest monthly engagement in the Czech Republic remain internet and TV. Their monthly reach exceeds more than 8 million of the population. However, other media, i.e. radio and print media, are still above 7 million people in monthly reach. This is evident from the data of the audience surveys of these media for 2023 or the second half of 2023.

However, compared to 2022, the reach of each media type, with the exception of the internet, declined slightly last year. However, for all media, including the internet, time spent with media decreased last year. This can be attributed to a return to “normal” after the covid pandemic subsided. This is also evident in the decline in the viewership of news media such as CT24, news websites and public service radio stations, which, on the other hand, had strengthened during the covid period.

On the other hand, the retreat of the covide was reflected in the revival of the advertising market, whose monitored advertising investment in each month of 2023 exceeded the previous year.

More detailed information on the position of media types in 2023, as well as the most watched media, can be found in the infographic below, or downloadable in the attached pdf document.

Download: Media 2023

Source: mediaguru.cz

A QUARTER OF SCANDINAVIA COMMITS TV PIRACY

Optimistic reports of ever-increasing numbers of new subscribers in the country are likely to be greatly distorted, believes Erika Luszicsa of Axocom.

Television piracy does not avoid richer, or let’s say more developed, countries. Swedish company Mediavision has come up with a surprising survey. It brings rather unflattering data that a quarter of the respondents in the Nordic countries commit TV piracy. In the survey, 25% of respondents aged 15 to 74 admitted to having downloaded or illegally streamed a movie, TV series or live sports broadcast at least once in the last month. In concrete numbers, this means that five million users committed piracy in one month.

The survey also reports that the number of households using illegal TV services has increased by 16 percent year-on-year. This is a total of 1.3 million households that “pay” for access to hundreds of TV services and streaming platforms.

“Piracy is a problem in the Nordic countries. Financial pressure on households combined with across-the-board price increases for legal alternatives are behind its growth,” commented Natalia Borelius from Mediavision on the results.

What does this report mean for the Czech Republic? It is safe to say that the often published optimistic reports of ever increasing numbers of new subscribers in the country are likely to be highly cartoonish. On the other hand, those who have illegal access to these services are likely to be far greater in number. However, our survey last year revealed that 60% of users of streaming services share their passwords with work colleagues and friends.

Source: mediaguru.cz

DIGIMEDIA ON THE FUNDING OF ČT AND ČRO OR TERESTRICE AND PAY TV

This year’s Digimedia conference will focus on public service media funding, terrestrial broadcasting and pay TV, and digital networks for commercial radio.

Not only for TV or radio receivers, but also for internet connections, there should be a new TV and radio fee. At least if Parliament approves the government’s amendment to the law on licence fees, which, in addition to increasing the fees and indexing them to inflation, also introduces a new definition of a licence holder. The draft amendment will be one of the topics of the 19th annual Digimedia 2024 professional conference, which will take place on Thursday 13 June at the Congress Hall of Česká televize in Prague’s Kavčí Hory district.

The debate will be attended by the directors general of Czech Television Jan Souček and Czech Radio René Zavoral, the European Broadcasting Union’s (EBU) director of regulatory and legal affairs Richard Burnley, the president of the Association of Commercial Television Klára Brachtlová, the director general of FTV Prima Marek Singer and the director general of Óčko Štěpán Wolde.

There will also be a discussion about the development of terrestrial television broadcasting and how it competes with pay TV. The panel will include Marek Ebert (ČTÚ), Jiří Grund (APMS), Miloš Mastník (České Radiokomunikace), Petr Míl (FTV Prima), Nikola Chrenčíková Pařízková (Digital Broadcasting), Michaela Suráková (Atmedia), Josef Uher (TV Nova) and Petr Vítek (MIT).

The topic will also be artificial intelligence, which will be discussed by Marek Doležel (Česká televize), Petr Mrzena (Česká televize), Martin Mužík (Newton Media), Petr Očko (MIT), Lucie Oravčíková (TV Nova), Martina Poliaková (Český rohlas), Marcel Procházka (České Radiokomunikace), Josef Šlerka (UISK FF UK) Jakub Unger (Seznam.cz) and Tomáš Večeřa (FTV Prima).

The discussion will also cover digital networks for commercial radio. The speakers will be Jacqueline Bierhorst (WorldDAB), Jiří Duchač (Czech Telecommunications Office), Pavel Hájek (Fiera touch), Jiří Hrabák (APSV), Václav Ježek (RTIcz), Jan John (Play.CZ), Jakub Juhas (Broadcast Services), Marcel Procházka (České Radiokomunikace), Miroslav Pýcha (Joe Media) and Karel Zýka (Český rozhlas).

More information about the Digimedia 2024 conference, program and registration can be found here.

Source: mediaguru.cz

CZECH TV GREW SIGNIFICANTLY IN MAY, DRAWING VIEWERS AWAY FROM COMMERCIAL TV

The Czech hockey team’s ride to the finals helped CT Sport to significantly increase its share of viewership, which also earned the Czech TV stations’ overall share in May. This was felt especially by the strongest commercial TV stations.

Thanks to the hockey World Cup and the golden success of Czech hockey players, the share of Czech TV stations increased significantly year-on-year in May. As a result, CT stations became the most watched in all major audience groups in both daytime and prime time.

The aggregate share of CT stations in the universal 15+ audience group reached 34.57% in May, up four percentage points from last May. In prime time, it reached 36.78%, up 7.4 percentage points. As most of the Czech national team matches were played in the evening, the increase in prime-time is even more noticeable. It is most pronounced in the younger audience group 15-54, which is targeted by the Nova group. This is the group that felt the hockey championship the most. CT has improved its prime-time performance in 15-54 by almost 11 percentage points year-on-year.

In addition to the Czech TV stations, Atmedia’s representation improved year-on-year in May, continuing to increase its share.

Share of TV groups, full day, May 2024

Source: ATO-Nielsen, TV Live+TS0-3 as of 4 June 2024

Share of TV groups, prime-time, May 2024

Source: ATO-Nielsen, TV Live+TS0-3 as of 4 June 2024, prime-time = 19:00-23:00

CT Sport’s Jumper of the Month

The sports channel CT Sport recorded a share of 11.59% in May, improving by 5.5 percentage points year-on-year (valid for 15+). This was clearly the highest increase of all domestic channels. The thematic stations Prima Krimi, Prima Love, Nova Action and Nova Lady continued to increase their share slightly in May.

May’s show was the hockey final

The most watched programme in May was the hockey final between Switzerland and the Czech Republic, which was watched by an average of 3.3 million viewers (15+) on TV alone. The other top programmes also attracted attention – the USA-Czech Republic quarter-final was number two (2.2 million) and the Sweden-Czech Republic semi-final was number three (1.98 million).

Source: mediaguru.cz

LIVERPOOL MAN SENTENCED IN ILLEGAL FIRESTICK OPERATION

A 41-year-old man from Liverpool has been given a two-year suspended sentence after pleading guilty to charges of promoting and selling unlicensed access to premium movies and sport.

Kevin James O’Donnell’s activities were discovered following an investigation by anti-piracy organisation FACT and Merseyside Police Cyber Crime Unit.

The investigation commenced in July 2022 after FACT uncovered that O’Donnell was actively promoting an illegal IPTV subscription service on Facebook. Operating under the alias ‘Kevo James’, his account boasted over 3,600 members and was used as a platform to sell modified Firesticks. The devices has been configured to provide unauthorised access to movie and sport undermining the commercial interests of rights holders Sky and TNT Sports.

It is estimated that O’Donnell made over £130,000 defrauding content owners of over half a million pounds.

Kieron Sharp, CEO of FACT, said: “We are immensely grateful for the diligent work carried out by Merseyside Police Cyber Crime Unit. Their collaboration with FACT has been instrumental in holding O’Donnell accountable for his actions. This case highlights the importance of protecting legitimate providers as well as the significant impact that coordinated law enforcement efforts can have on combating digital piracy.

The message is very clear: if you sell a device that provides access to content that is not licensed to you or owned by you, you could face criminal investigation, prosecution, and possible conviction.”

Detective Inspector Steve Frame added: “We have been working closely with FACT to ensure that O’Donnell is made to answer for his actions, and this was a great example of how police and industry experts can come together to tackle this type of criminality. The investigation found that O’Donnell had made a significant amount of money from selling these illegally adapted firesticks and had done so over a number of years through Facebook and WhatsApp.

Modifications to Firesticks are an increasing threat from the pirates that have resulted in a number of prosecutions.

In March, one person was arrested, and 10 others were interviewed under caution in an investigation into the piracy of Premier League matches.

Source: broadbandtvnews.com

THE DEBATE ABOUT PUBLIC SERVICE MEDIA IS COMPLETELY REVERSED, SAYS PAVEL KUBINA FROM PRIMA

In June, the government will be submitted a bill to increase TV fees. “They should not be increased before the state says what kind of public service it expects,” says Pavel Kubina, Director for Media Law Issues at Prima Group.

Last autumn, the Ministry of Culture announced that it wanted to increase television and radio fees. At the same time, it wanted to expand the range of payers. The entire private media sector vociferously opposed the first version of the amendment. The Ministry then invited representatives of commercial media to join working groups to discuss the law with them.

After half a year, a second version was prepared, and it is described in detail in this article. According to the second version, the public service is to be specified in a special memorandum concluded between Česká televize (Czech Television), Český rozhlas (Czech Radio) and the Ministry. At the same time, the law will restrict the broadcasting of sponsorship messages on Czech Television. The amendment is expected to be approved by the government in June, passed to the Chamber of Deputies in July, and come into force at the beginning of 2025.

Pavel Kubina, Director for Media Law Issues at the Prima Group, points out that there are still many gaps in the amendment.

How do you assess the current wording of the major media amendment compared to the autumn version?

Compared to the autumn, there are some partial improvements in the proposal. But the basic problem has not disappeared: the ministry is building a house from the roof down. European state aid law clearly obliges Member States to make the definition of a public service as precise as possible. This is not the case with the amendment where the Ministry refused to modify the current elastic and unspecific clauses defining public service in the Czech Television and Czech Radio Acts. The Ministry has admitted that a memorandum will be adopted, but this will not see the light of day until six months after the fees have been increased. This seems to us to be very illogical. First, the fees are increased and then it is established what a public service is. That does not make sense.

The law probably cannot be completely specific by its nature, it always just sets boundaries. Isn’t a memorandum an elegant solution?

In terms of state aid, this is also a legal problem. If the European Commission were to investigate it, it would not be able to say whether the money would be spent on a public service or something else. We have proposed that what the law can bear should be in the law and the rest should be in the binding rules for the performance of the public service. We wanted the binding rules to be approved by the Chamber of Deputies, just as the Code of Conduct of Czech Television is approved. In some respects, the Minister’s proposal is similar. We agree that a more detailed definition of the public service should be in another document, not in a law. However, we disagree with the Ministry on whether what is in the law today is sufficient. We think that something should be added and that the existing sections defining the public service simply have to be adjusted.

When introducing the amendment, the Minister of Culture said that the existing 1991 definition was still sufficient. In what way do you think it is ‘elastic’?

I will give you two examples. The law sets out what the main public service tasks are in the field of television or radio broadcasting. However, the list of the tasks is preceded by the phrase ‘in particular’. This implies that there are some other tasks, both major and minor, but nobody knows which they are. So, it is not clear what activities of Czech Television or Czech Radio are included in a public service. That is the problem. Another such problem is multimedia content. Both institutions can create multimedia content according to their laws. In Europe, it is usual that there is some kind of specification of what television and radio can do as public services and what they may not do. There is nothing in our law about that, just all multimedia content.

Is it supposed to be in the law? As far as I know, in neighbouring Germany it is regulated by an interstate treaty, for example, restricting sports content on the internet.

In practice, however, the treaty acts like a law in Germany. I think there is even a negative list in the annex of what the civil service must not do. We feel that in our country, Sections 2, 3, and 3a of the Czech Television Act need to be improved. In our view, the current wording does not stand up in the light of European law, and we and the Ministry have different opinions on this. We agree on the existence of another document to be adopted for five years that would specify in more detail what the public service should do. We still have some problems with the way the memorandum is to be drafted, whether it will be binding on Czech Television and Czech Radio at all, and how its final content is to be linked to the level of the fee.

Let me remind you that the draft memorandum is to be drawn up by the CEO of Czech Television or Czech Radio, then approved by the respective Councils and signed by the Minister of Culture. The ministry is making it clear that the state does not want to have any say in the content. Why is this wrong?

It is exactly the opposite of how it should be. It is the task of each state to actively define what it wants as a public service, and what it demands. The ministry cannot sit back and pretend that the actors can sort it out among themselves. That is the state’s task. It is the guarantor of media legislation and creates state demand. It has to say what we want as a public service in the Czech Republic. As a result of the construction that has been proposed by the Ministry, the fees are independent of the memorandum. Moreover, it is not at all certain that the memorandum will come into being.

Is there no enforcement instrument in the amendment for the memorandum to be adopted?

What happens if the CEO of Czech Television does not sign it, or if the Minister of Culture does not sign it, or if the Council does not approve it? There will be no memorandum. So, what is all the fuss for then? The requirement under European law to define the public service as precisely as possible exists so that commercial media have an idea of what a public service will be and can plan accordingly. We wanted the law to at least enshrine the right of media associations to be present at the negotiation of the memorandum, and the Deputy Minister of Culture, Michal Šašek, has been positive about this, so we hope that this will be reflected in the final text of the draft amendment.

If the fee provisions are delayed until after the memorandum is approved, would that be more feasible for you?

Definitely. We do not think that there should be an increase in fees before the memorandum. And the fees should reflect what will be in the memorandum. It must first be clear what the public service is, and then it should be decided what the necessary budget for the service is.

Commercial media were concerned in the autumn that the fee increase would upset the market balance. The ministry says that the redrafted amendment will bring Czech Television about CZK 865 million, plus it will remain exempt from VAT deduction. What do you think about these provisions?

We have never seen the calculation, so we do not know how the Ministry arrived at these figures. The method of calculation has never been made clear to us. In our internal calculations, the amounts were much higher. It would have been right for the Ministry to put its calculation somewhere on display and subject it to public debate.

In addition to fee income, the amendment also addresses income from commercial communications. It leaves advertising as it was, but limits sponsorship to a maximum of 260 hours per year. Has this alleviated your concerns?

Although the amendment provides for a limitation of the overall scope of sponsorship messages on Czech Television programmes (which does not necessarily imply a change in revenue), it does not in any way regulate the transfer of the volume of sponsorship messages between individual programmes. We, therefore, propose that a maximum limit be set for sponsorship on individual programmes.

You have also commented on commercial communications on the internet. If I understand the Ministry’s representatives correctly, they will restrict them so that nothing can be included in programmes produced for the internet, and archived programmes can only keep what cannot be separated from them, such as product placement. What is your position on this new regulation?

It is difficult to answer because the Ministry has declared what you say, but the final text it has produced is different. It says that there should be no limit at all on commercial communications in on-demand audiovisual media services, whether on the internet or apps. It would give Czech Television a free hand to put anything on on-demand services, not only product placement or sponsorship but also advertising specifically on these services. We hope that the Ministry will correct this in the amendment. We have the idea that on-demand services could include product placement in shows that have been on television or production sponsorship announcements, but no advertising.

But the ministry has repeatedly assured that it does not want to distort the market. It only seeks to ensure sustainable funding and a new public service model. Do you still see anything there that threatens the commercial sector?

We find this sequence of considerations dangerous, money first and then thinking about what the public service should produce. As it is now, the public service media are a self-defining machine. And unfortunately, that is to continue under the Minister’s proposal.

So should the public service definition go, for example, in the direction of not being allowed to broadcast certain types of sporting events or entertainment?

Yes, or setting a limit for such events. What we want is for the principle of complementarity to what commercial stations produce to be enacted in some way. That is the very purpose of the public service: to plug the gaps that the market will not cover and to serve those audience segments for which there is insufficient supply elsewhere. I am not saying this is the only purpose, but the primary one. And it should be included in the memorandum in some form.

I have read a number of foreign memoranda and laws. They differ in parts, but it repeatedly appears in the definitions that public service should be universal and address the entire spectrum of the population regardless of age, education, or other parameters. If it is supposed to reach the whole society that pays for it, can anything be cut off from it?

There is no requirement in international or EU law for a public service to be universal. I do not dispute that it could be so in the Czech Republic, but it is not a legal obligation. Each state has the right to define what it considers to be a public service as it wishes. Universally or not.

I don’t know any state not treating public service universally.

Even if the state conceives of a public service in universal terms, this does not mean that it cannot set priorities or, on the contrary, limits on something within its framework. It is simply up to the state to decide. There are even states that do not have a public service broadcaster at all. But I would like to stress that we have always been and still are in favour of a dual system. We are in favour of public service media being strong. The problem starts when support for them should be boundless and should not take into account the rest of the media ecosystem. We don’t want any systemic change, just what we are entitled to, which is the most “accurate” definition of public service.

The amendment does not directly specify what the memorandum should look like and what it should contain. What should it contain to keep the dual system fair in the eyes of commercial entities?

We have drafted our proposal for binding rules for the performance of public service, which we have sent to the Ministry and Czech Television. For example, we proposed that there should be a minimum proportion of the total broadcasting time that Czech Television would devote to topics and genres taking into account the needs and interests of small target groups. Or that regional news would be given a percentage of the airtime of the main news programmes. Or that, except for the Olympic Games, Czech Television should not compete with private TV stations for the rights to commercial sports competitions.

TV Prima’s draft proposal for binding public service rules (PDF)

Did you take inspiration from abroad?

There were a few models from the EU, but it was more of a loose inspiration. Our proposal responds to the situation in the Czech media market.

You mentioned the European rules on state aid. Is it possible to say in simple terms how the media amendment can be controversial from this point of view?

First, the margin of increase over the current level is substantial. This in itself may determine whether an obligation to notify the European Commission arises. Then there are other circumstances that may trigger the obligation even if the threshold is not exceeded. Someone should deal with this honestly so that this problem does not arise.

What would you say about funding a public service with an across-the-board fee or a share of the taxes collected?

In some countries, they have a flat fee or a certain share of the taxes collected, but there are commissions that assess the public service and the current market situation and say how much money the public service media should get from the funds collected. That may correct the flat rate a little bit.

Source: lupa.cz