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Anica - Associazione Nazionale Industrie Cinematografiche Audiovisive Digitali

ANICA

Rappresentanza delle imprese che operano nel settore cinematografico, audiovisivo e digitale, tutela dei lori interessi e sviluppo del settore industriale della creazione, produzione e distribuzione di contenuti audiovisivi

Lobbying Activity

Response to Evaluation of the Geo-blocking Regulation

3 Mar 2025

Territorial exclusivity, supported by geo-blocking, plays an indispensable role in securing funding for content development, creation and production, as well as providing for the the optimal marketing, distribution and exploitation of the finished film, TV and other audiovisual content across all distribution channels (theatrical, physical carriers, all forms of broadcasting and all forms of online distribution). A ban on the use of geo-blocking to support territorial exclusivity for film and audiovisual content and services would severely jeopardize the creative and economic sustainability of the film and audiovisual sector in Europe. This would result in a drop in the number and range of films and audiovisual content produced, with a smaller variety of languages. Distribution and circulation would be drastically reduced across the EU. This would have a direct and negative impact on consumer welfare: significant reduction of choice in content, distribution, and access options as well as a surge in prices. The importance of territorial exclusivity for the European film and audiovisual sector is widely documented in case studies illustrating that up to 60% of financing is often raised through territorial exclusivity such as co-production arrangements between different countries and pre-sales of future distribution rights. Co-productions and pre-sales of future distribution rights offer win-win strategies to share financial risk in production, favour greater multi-territory incubation and increased circulation/distribution that in turn ensures local marketing and tailoring - ultimately driving content awareness and demand across territories. This has also been recognised by EU Member States in consecutive Council conclusions. Consecutive impact-assessments and independent economic analysis have concluded that erosion of territorial exclusivity through a ban on the use of geo-blocking in the context of financing and distributing films and audiovisual content would erode the economic value of the rights concerned with a direct and negative impact on the financing and distribution opportunities as well as on recoupment of investments. Erosion of territorial exclusivity would also have a direct and negative impact on consumer welfare resulting in less choice in content, distribution, and access options as well as higher prices. The impact of including AV in the EU Geo-blocking Regulation, by Oxera, indicates that erosion of territorial exclusivity would have a significant short-term impact on industry and consumers, with up to 9.3bn of welfare lost per annumas well as medium- to long-term outcomes that would be worse than they are today (a welfare loss of up to 4.5bn per year. Equally, as regards sports content, The impact of potential changes to geo-blocking regulation on sport, by Oliver & Ohlbaum, shows that 103 million people in the EU could be exposed to higher prices when accessing coverage of many top-tier sport competitions if a ban on geo-blocking were to be introduced. The EU markets enjoy a dynamic, diverse and rich offer of content, services and access options as documented in research by the European Audiovisual Observatory and by the European Parliaments Research Service. According to the EAO, on average, European consumers have access to more than 8,500 European films online, of which 82% (~7000) are produced in other European countries an exponential growth in content and services offered to consumers and a market development welcomed by the film and audiovisual sector in Europe. Complementing this comment, please refer to the 2023 Joint Statement signed by more than 700 organisations and entities across Europe demonstrating the clear and unambiguous call to ensure the continued exclusion of audiovisual services from the Geo-blocking Regulation.
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Meeting with Lara Comi (Member of the European Parliament) and European Leagues

15 Nov 2023 · Geo-blocking

Meeting with Agnieszka Skonieczna (Cabinet of Commissioner Thierry Breton) and Association of Commercial Television and Video on Demand Services in Europe and

24 Aug 2020 · Impact of COVID-19 and recovery measures for the media and audiovisual ecosystem