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Association of Commercial Television and Video on Demand Services in Europe

ACT

ACT represents the interests of European commercial broadcasters and video-on-demand services.

Lobbying Activity

ACT urges tighter controls on public broadcasters' digital growth

14 Jan 2026
Topic — The European Commission is evaluating State aid rules for public service broadcasting.
Message — The association demands clearer limits and quantitative restrictions on public broadcasters' digital services. They call for full transparency regarding advertising revenue earned on third-party platforms like YouTube. Additionally, they want independent verification to prevent public funds from subsidizing commercial activities.12
Why — Tighter rules would protect the market share and advertising income of commercial media.3
Impact — Public broadcasters would face restrictions on their ability to innovate and expand online.4
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Meeting with Thomas Schmitz (Cabinet of Executive Vice-President Henna Virkkunen)

15 Dec 2025 · Online piracy

ACT urges EU to prioritize regulatory stability over media rules

10 Dec 2025
Topic — Evaluation and potential revision of the EU’s Audiovisual Media Services Directive framework.
Message — The organization requests that policymakers refrain from intervening in the current framework without demonstrable need. They seek a level playing field by modernizing advertising rules for all media actors. Any revision must preserve key principles like the country of origin to ensure stability.123
Why — This would prevent adverse economic impacts and remove burdensome reporting and monitoring obligations.45
Impact — Online platforms and influencers would face new restrictions, ending their current asymmetric regulatory advantage.67
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Meeting with Sophie Wilmès (Member of the European Parliament)

1 Dec 2025 · Media freedom

Meeting with Diana Riba I Giner (Member of the European Parliament, Shadow rapporteur)

26 Nov 2025 · Audiovisual policies and Agora EU

Meeting with Sandro Ruotolo (Member of the European Parliament)

26 Nov 2025 · AgoraEU

Meeting with Joanna Scheuring-Wielgus (Member of the European Parliament)

25 Nov 2025 · Agora EU

Meeting with Anna Vernet (Cabinet of Executive Vice-President Teresa Ribera Rodríguez), Sean Mernagh (Cabinet of Executive Vice-President Teresa Ribera Rodríguez)

20 Nov 2025 · Competition policy, Digital Markets Act (DMA), Merger Guidelines

Meeting with Agata Dziarnowska (Cabinet of Commissioner Glenn Micallef), Clint Tanti (Cabinet of Commissioner Glenn Micallef), Desislava Dimitrova (Cabinet of Commissioner Glenn Micallef)

20 Nov 2025 · ACT presented the organisation and its main activities, and explained the reality of online piracy of sport and other live events. - Commission presented the Culture Compass and the AgoraEU proposal.

TV Industry Urges Cookie Consent Simplification, Opposes Browser Controls

14 Oct 2025
Topic — EU digital simplification reviewing ePrivacy, GDPR, and AI Act regulations.
Message — The organization requests alignment of cookie rules with GDPR to reduce compliance costs and consent fatigue. They seek a whitelist exempting low-risk uses like analytics and fraud prevention from consent requirements, and support cross-device consent where one approval covers all user devices.123
Why — This would reduce their compliance costs and allow first-party data use for content recommendations and advertising.456
Impact — Users lose direct control over tracking as broadcasters gain broader exemptions from consent requirements.78
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Meeting with Mario Furore (Member of the European Parliament)

24 Sept 2025 · Copyright and AI

Meeting with Alexandra Geese (Member of the European Parliament) and Bertelsmann Stiftung and

2 Sept 2025 · Event: Democratic Tech Alliance

Meeting with Tiemo Wölken (Member of the European Parliament, Shadow rapporteur) and DOT Europe and

17 Jul 2025 · AI & Copyright

European broadcasters urge EU to reject telecom network fees

9 Jul 2025
Topic — EU initiative to improve secure connectivity and boost digital infrastructure investment.
Message — The association opposes mandatory dispute resolution and network fees for delivering content. They argue existing markets work well and that users, not broadcasters, generate traffic.12
Why — Avoiding fees protects the media ecosystem's sustainability and funding for original European content.34
Impact — Consumers may face higher costs if mandated payments lead to double-charging for data.5
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Meeting with Eleonora Meleti (Member of the European Parliament, Shadow rapporteur for opinion)

18 Jun 2025 · Policies around minors' protection

Meeting with Laurence Farreng (Member of the European Parliament, Shadow rapporteur)

10 Jun 2025 · IA générative

Meeting with David Cormand (Member of the European Parliament, Shadow rapporteur) and Society of Audiovisual Authors

3 Jun 2025 · Copyright and generative artificial intelligence

ACT urges EU to legislate 30-minute piracy takedowns

30 May 2025
Topic — Evaluation of EU measures against unauthorized online retransmission of live sports events.
Message — ACT calls for urgent legislation requiring intermediaries to remove infringing content immediately. They demand that retransmissions be taken down no later than 30 minutes after notification. Current measures are described as failing while piracy remains easier and more lucrative for criminals.123
Why — New laws would protect the significant investments and revenues of commercial broadcasters.45
Impact — Server providers would face strict removal timelines and increased accountability for hosting illegal content.67
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European broadcasters urge flexible rules for political ad labels

28 May 2025
Topic — This consultation defines technical standards for labels and transparency notices in political advertising.
Message — ACT argues video-on-demand services should follow television rules rather than platform regulations. They suggest replacing mandatory font and layout requirements with general principles while sharing legal responsibility with sponsors.123
Why — This would lower technical compliance costs and prevent disruption to established media brand identities.45
Impact — Data analysts and software developers may find political advertising data harder to process automatically.6
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Meeting with Marie-Helene Boulanger (Head of Unit Justice and Consumers) and EBU-UER (European Broadcasting Union) and

22 May 2025 · Consultation of media representatives and associations in the context of the preparation of the upcoming European Democracy Shield (“focus group”).

Meeting with Vasile Dîncu (Member of the European Parliament)

13 May 2025 · The EU Democracy Shield and Television Services

Response to A Culture Compass for Europe

22 Apr 2025

Please find attached the ACT manifesto, which outlines the priorities for the audiovisual and media sector during this mandate. It presents our vision for promoting cultural diversity, ensuring media pluralism, and fostering economic growth across Europe, in line with the objectives of the Culture Compass. Additionally, we have included our recent response to the European Commission's consultation on the Multiannual Financial Framework (MFF), where we outline our position on funding priorities that ensure a sustainable and inclusive future for culture and creativity in Europe. Link: https://www.acte.be/publication/act-response-to-the-multiannual-financial-framework-mff-ec-consultation/
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Meeting with Mirzha De Manuel (Cabinet of Commissioner Valdis Dombrovskis)

14 Apr 2025 · Role of Audiovisual media

Meeting with Sebastian Tynkkynen (Member of the European Parliament)

10 Apr 2025 · Media- ja audioalan asiat EU:ssa

Meeting with Laurence Farreng (Member of the European Parliament)

26 Mar 2025 · Audiovisuel, publicité et piratage

Meeting with Marco Giorello (Head of Unit Communications Networks, Content and Technology) and Bureau Européen des Unions de Consommateurs and

19 Mar 2025 · Code of Conduct on Online Advertising – Workshop 4

Meeting with Marco Giorello (Head of Unit Communications Networks, Content and Technology) and Apple Inc. and

13 Mar 2025 · Code of Conduct on Online Advertising – Workshop 3

Meeting with Alexandra Geese (Member of the European Parliament)

11 Mar 2025 · Democracy and digital policies

Response to Evaluation of the Geo-blocking Regulation

10 Mar 2025

ACT considers that adding AV content to the 2018 Geoblocking regulation will have a direct and negative impact on the financing of and the distribution of opportunities as well as on the recoupment and incentives driving investments. The Association of Commercial Television and Video on Demand Services in Europe (ACT) represents Europe's leading commercial broadcasters. Our 26 ACT member companies finance, produce, promote and distribute content and services benefiting millions of Europeans across all platforms. We entertain and inform Europes households every day via thousands of channels, VoD and OTT services available across Europe. ACT believes that a healthy and sustainable commercial broadcasting and VOD sector plays a crucial role for Europes economy, society and culture. ACT welcomes the initiative taken by the Commission to open a call for preliminary feedback on the 2018 Geoblocking regulation in the context of its upcoming evaluation. We believe this is an opportunity to remind the European Commission (the Commission) of the conclusions set out in the first review of the regulation in 2020 whereby it was agreed that film and audiovisual (AV) content and services should be kept out of the scope of the Regulation. This reasoning still holds true five years after. Undermining exclusive territorial licensing and commercial freedom to agree individual and tailor-made financing and distribution would have adverse impact on the AV industry and on consumer welfare. AV providers are not blocking consumers within the EU. The geo-blocking measures that ACT members deploy (and all participants in the value chain equally) are enabling measures. Geo-blocking measures are essential for protecting the main feature of the AV sector which is territorial exclusivity. A ban on the use of geo-blocking technology to support territorial exclusivity for AV content and services would severely jeopardise the creative and economic sustainability of the AV sector in Europe by restraining commercial freedom. This would result in a drop in the number and range of AV content produced, with a smaller variety of languages. Distribution and circulation would be drastically reduced across the EU, having a direct and negative impact on consumer welfare: significant reduction of choice in content, distribution, and access options with a surge in prices. European consumers benefit from increased access to and availability of AV content and services through the EU Portability Regulation and the SatCab II Directive. Beyond what is already awarded to them, consecutive impact-assessments and independent economic analysis have consistently concluded that erosion of territorial exclusivity through a ban on the use of geo-blocking in the context of the financing of and the distributing of AV content also erodes the economic value of the right.
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Meeting with Marco Giorello (Head of Unit Communications Networks, Content and Technology) and EuroCommerce and

6 Mar 2025 · Code of Conduct on Online Advertising – Workshop 2

Meeting with Mika Aaltola (Member of the European Parliament) and Finnish Energy - Energiateollisuus ry

4 Mar 2025 · EU Affairs

Meeting with Marco Giorello (Head of Unit Communications Networks, Content and Technology) and EuroCommerce and

4 Mar 2025 · Code of Conduct on Online Advertising – Workshop 1

Meeting with Maria Guzenina (Member of the European Parliament)

25 Feb 2025 · CULT priorities

Meeting with Agata Dziarnowska (Cabinet of Commissioner Glenn Micallef), Desislava Dimitrova (Cabinet of Commissioner Glenn Micallef)

21 Feb 2025 · Introductory meeting

Meeting with Helena Robyn (Cabinet of Executive Vice-President Stéphane Séjourné) and Sky Group and

18 Feb 2025 · Geo-blocking AI Piracy

Meeting with Nela Riehl (Member of the European Parliament, Committee chair)

12 Feb 2025 · Meeting with ACT

Meeting with Helmut Brandstätter (Member of the European Parliament)

12 Feb 2025 · Exchange of Views on Disinformation in Media

Meeting with Rita Wezenbeek (Director Communications Networks, Content and Technology) and

11 Feb 2025 · Opening Session: DSA roundtable discussions on online advertising (Article 46 DSA)

Meeting with Sunčana Glavak (Member of the European Parliament)

11 Feb 2025 · Priorities for the media and audiovisual sector in the upcoming European Parliament mandate

Meeting with José Cepeda (Member of the European Parliament)

4 Feb 2025 · Priorities current term

Meeting with Dóra Dávid (Member of the European Parliament)

30 Jan 2025 · Priorities for the 10th legislative period

Meeting with Egelyn Braun (Cabinet of Commissioner Michael McGrath), Jördis Ferroli (Cabinet of Commissioner Michael McGrath) and

24 Jan 2025 · Exchange of views on media related policies, including the European Media Freedom Act (EMFA) and consumer protection

Meeting with Anna Herold (Head of Unit Communications Networks, Content and Technology) and EBU-UER (European Broadcasting Union) and

21 Jan 2025 · Exchange of views in the context of preparatory work on draft guidelines on Article 18(1) European Media Freedom Act (EMFA) to be issued by the European Commission under Article 18(9) of the EMFA.

Meeting with Marcos Ros Sempere (Member of the European Parliament)

10 Dec 2024 · Meeting with ACT

Meeting with Alice Kuhnke (Member of the European Parliament)

5 Dec 2024 · Audiovisual and media policy

Meeting with José Cepeda (Member of the European Parliament)

27 Nov 2024 · Priorities current term

Meeting with Mario Furore (Member of the European Parliament) and The Walt Disney Company Benelux BVBA

27 Nov 2024 · Incontro conoscitivo

Meeting with Erik Marquardt (Member of the European Parliament)

21 Nov 2024 · ACT 35th Anniversary (Policy Event and Dinner)

Meeting with Daniel Freund (Member of the European Parliament)

12 Nov 2024 · Media Freedom (in Hungary)

Meeting with Věra Jourová (Vice-President) and

6 Nov 2024 · Preparation of the upcoming meeting on 21/11

Meeting with Diana Riba I Giner (Member of the European Parliament)

28 Oct 2024 · Media and audiovisual policies

Meeting with Erik Marquardt (Member of the European Parliament)

10 Oct 2024 · Introductory meeting

Meeting with Hristo Petrov (Member of the European Parliament) and Airbnb Ireland UC

9 Oct 2024 · Introductory Meeting

Meeting with Marco Squarta (Member of the European Parliament)

9 Oct 2024 · Introduction meeting and discussion about audiovisual legislative framework

Meeting with Stephen Nikola Bartulica (Member of the European Parliament)

8 Oct 2024 · Child protection in the media

Meeting with Sabrina Repp (Member of the European Parliament)

8 Oct 2024 · European media legislation

Meeting with Francisco Assis (Member of the European Parliament)

3 Oct 2024 · Media and Audiovisual Priorities

Meeting with Ana Catarina Mendes (Member of the European Parliament)

23 Sept 2024 · Presentation of Priorities for the new term

Meeting with Jeannette Baljeu (Member of the European Parliament)

18 Sept 2024 · Geoblocking

Meeting with Zala Tomašič (Member of the European Parliament)

18 Sept 2024 · ACT's Media & Audiovisual Priorities 2024-2029

Meeting with Maravillas Abadía Jover (Member of the European Parliament)

17 Sept 2024 · Television and VOD regulations

Meeting with Nikola Minchev (Member of the European Parliament)

17 Sept 2024 · Meeting

Meeting with Borja Giménez Larraz (Member of the European Parliament)

28 Aug 2024 · ACT Media Priorities

Meeting with Sandro Ruotolo (Member of the European Parliament)

24 Jul 2024 · 2024-2029 media and audiovisual sector's priorities

European Broadcasters Oppose Mandatory Network Fees for Infrastructure

15 May 2024
Topic — A consultation on scenarios for future-proofing Europe's digital connectivity and infrastructure.
Message — The organization rejects the introduction of mandatory network fees or dispute mechanisms that force content providers to pay telecom operators. They argue that existing contractual relationships between market actors currently function well without regulatory intervention.12
Why — Avoiding fees allows media companies to maintain investment in original European content and sustainable technology.3
Impact — Audiences would suffer from higher prices and restricted access to a diverse range of media.4
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Meeting with Geoffroy Didier (Member of the European Parliament) and Motion Picture Association EMEA

12 Dec 2023 · Territorialité des droits d'auteur et Géoblocage des contenus audiovisuels

Meeting with Katarína Roth Neveďalová (Member of the European Parliament)

11 Dec 2023 · Geo-blocking

Meeting with Tomáš Zdechovský (Member of the European Parliament)

21 Nov 2023 · Meeting with Elena Rivas ACT on geo-blocking implementation

Meeting with Petra Kammerevert (Member of the European Parliament, Shadow rapporteur)

15 Nov 2023 · Europäisches Medien Freiheitsgesetz (EMFA)

Response to Interim evaluation anf final evaluation of Creative Europe Programmes

9 Jun 2023

The Creative Europe programme complements the Audiovisual Media Services Directive (AVMSD) by supporting the creation, promotion, access to and dissemination of European audiovisual works within the EU and beyond. The programme has a great track record at supporting European production. However, we believe that the programme suffers from overly rigorous definitions that are not aligned with both national rules and the AVMSD, in particular with regards to the definition of independent production; and in particular with regards to 25 and 50% direct/indirect ownership/equity links. Numerous affiliated producers are not able to meet the eligibility criteria because of their links with AVMS providers. This definition, focused on ownership/equity links with AVMS providers, does not necessarily promote pluralism within audiovisual media services offerings, and may reinforce the negotiating power of certain categories of independent producers. Any approach should be wary of competitive effects on the market via measures that may be construed as both unjustified and discriminatory. According to the Council of Europes European Audiovisual Observatory, commercial AVMS producers affiliated to broadcasters directly produce 36% of titles or 45% of hours produced . The current approach can arbitrarily exclude a large part of the audiovisual market. Actors that contribute to freedom of expression, diversity, creativity and democracy whilst complying with strict AVMS obligations without necessarily being able to access funding similar players are able to tap into. We thus caution against overly narrow approaches which can conflict with both the open concept of independent production in the AVMSD and the variety of national approaches that result from it. We would therefore advise a more open approach which is aligned with existing market realities and legal frameworks (AVMSD) and thereby avoids potential competitive distortions.
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ACT Broadcasters Urge Stricter Independence for Big Tech Audits

2 Jun 2023
Topic — New EU rules specifying audit procedures for very large online platforms and search engines.
Message — ACT requests that audits be conducted in full independence from online platforms. They want clear auditor responsibilities and standardized criteria to prevent biased results. Finally, they advocate for detailed reporting on content removals and disinformation measures.123
Why — Stricter platform oversight would create a fairer regulatory environment for traditional media services.4
Impact — Large tech platforms lose the power to hide data behind confidentiality or bias audits.5
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Meeting with Bergur Løkke Rasmussen (Member of the European Parliament)

1 Jun 2023 · European Media Freedom Act

Meeting with Petra Kammerevert (Member of the European Parliament, Shadow rapporteur)

17 Apr 2023 · APAs - Media Freedom Act

Meeting with Krzysztof Hetman (Member of the European Parliament)

21 Mar 2023 · Exchange of views on Media Freeom Act (meeting delegated to parliamentary assistant)

European broadcasters urge full regulatory access to platform algorithms

16 Mar 2023
Topic — Rules for the European Commission’s investigatory and enforcement powers under the Digital Services Act.
Message — The association requests a solid control and supervision mechanism on a permanent basis for algorithms. They argue trade secrets should not be opposed to the Digital Services Coordinator.12
Why — This would ensure platforms do not prioritize their own interests when distributing and monetizing content.3
Impact — Large tech platforms lose the ability to hide internal mechanics behind commercial trade secret protections.4
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Meeting with Petra Kammerevert (Member of the European Parliament, Shadow rapporteur) and Google and

9 Mar 2023 · Media Freedom Act

Meeting with Michaela Šojdrová (Member of the European Parliament)

7 Mar 2023 · European Media Freedom Act

Meeting with Daniel Freund (Member of the European Parliament, Shadow rapporteur for opinion)

16 Feb 2023 · European Media Freedom Act (staff-level)

Meeting with Andrey Kovatchev (Member of the European Parliament)

16 Feb 2023 · European Media Freedom Act

Response to Fighting against online piracy of live content

10 Feb 2023

The Association of Commercial Television and Video on Demand Services in Europe (ACT) has long advocated for European legislation specifically addressed at addressing the stringent issue of piracy of live content. Given the magnitude of the phenomenon and the complexity of the internet eco-system, a targeted piece of legislation is the only effective way to counter this problem. Globally, in 2020, a study showed that there were more than 357 million daily visits to audiovisual piracy sites, with Europe disproportionately accounting for 45.72% of traffic . The magnitude of the illegal IPTV offers is also well documented by both public and private entities. Besides recent studies demonstrating economic damage, the past years the potential harms to consumers of pirated offers are also vastly documented . This problematic reality has not prevented our members, who allocate vast amounts of resources to fighting piracy, from observing that many hosting services and other intermediaries exploit any ambiguities in the law to avoid acting. The existing legislation at European level provides a theoretical basis for the protection of copyright protected content online but its adequacy to tackle actual infringements of live broadcasts is undermined by two issues: 1) the lack of obligation on the time within which hosting providers must act on notices received; 2) inconsistent application of live and dynamic blocking of illegal streams across the EU. It is difficult to believe that non-binding rules have the strength to change the behaviors of such operators. The Recommendation should thus closely look at existing legal and technical hurdles that impede EU wide harmonization and effective remedies against piracy of live content. For more details, please see the attached document.
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Meeting with Marcel Kolaja (Member of the European Parliament, Rapporteur for opinion)

31 Jan 2023 · Discussion about ACT's position on the Media Freedom Act

Commercial Broadcasters Seek EU Media Rules for Tech Giants

16 Dec 2022
Topic — This consultation concerns new EU legislation ensuring media pluralism and market independence.
Message — ACT requests that social media and video platforms be included in the regulation's scope. They argue for a principle-based approach that respects local markets without adding unnecessary regulatory layers. The group also calls for transparency rules to cover state funds given to tech platforms.123
Why — These changes would shield broadcasters from costs while curbing the influence of tech giants.45
Impact — Global tech platforms would face new transparency obligations and scrutiny of their advertising data.67
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Meeting with Maria Walsh (Member of the European Parliament)

14 Dec 2022 · Media Freedom Act

Meeting with Věra Jourová (Vice-President)

2 Dec 2022 · European Media Freedom Act, DSA/DMA

Meeting with Penelope Papandropoulos (Cabinet of Executive Vice-President Margrethe Vestager), Werner Stengg (Cabinet of Executive Vice-President Margrethe Vestager)

25 Nov 2022 · DSA,DMA, Piracy.

Meeting with Věra Jourová (Vice-President)

25 Nov 2022 · European Media Freedom Act, political advertising

Meeting with Petra Kammerevert (Member of the European Parliament, Rapporteur) and Bureau Européen des Unions de Consommateurs and

12 Oct 2022 · Implementierung AVMD

Meeting with Marie Frenay (Cabinet of Vice-President Věra Jourová)

2 Sept 2022 · European Media Freedom Act

Meeting with Marie Frenay (Cabinet of Vice-President Věra Jourová)

20 Jul 2022 · European Media Freedom Act

Meeting with Marc Angel (Member of the European Parliament, Rapporteur)

6 Jul 2022 · Audiovisual Media Services Directive

Meeting with Ramona Strugariu (Member of the European Parliament, Rapporteur for opinion)

5 Jul 2022 · European Media Freedom Act

Meeting with Maria-Manuel Leitão-Marques (Member of the European Parliament, Shadow rapporteur)

14 Jun 2022 · Political Advertising

Meeting with Anthony Whelan (Cabinet of President Ursula von der Leyen)

10 Jun 2022 · Legislative approach to fighting live piracy

Meeting with Agnieszka Skonieczna (Cabinet of Commissioner Thierry Breton)

2 Jun 2022 · Media Freedom Act

Meeting with Marie Frenay (Cabinet of Vice-President Věra Jourová)

26 Apr 2022 · Media Freedom Act

Meeting with Monika Ladmanova (Cabinet of Vice-President Věra Jourová)

26 Apr 2022 · Political advertising, MFA, Disinformation

Meeting with Marie Frenay (Cabinet of Vice-President Věra Jourová)

1 Apr 2022 · Political Advertising

Commercial broadcasters urge EU to focus ad rules on platforms

31 Jan 2022
Topic — This consultation covers a legislative proposal ensuring transparency in political advertising services.
Message — The association argues for a scope focused on the online environment to complement existing national media regimes. They demand that digital platforms take full liability for advertising content and advocate for tackling problematic micro-targeting practices.123
Why — Broadcasters would avoid new regulatory burdens while forcing tech competitors to meet higher standards.4
Impact — Digital platforms would face direct liability and potential content removal orders by regulators.56
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Meeting with Věra Jourová (Vice-President)

29 Nov 2021 · Media Freedom Act, Democracy, disinformation, political advertising, DSA/DMA

Meeting with Thierry Breton (Commissioner) and

29 Nov 2021 · Exchange on EU digital legislation (DSA/DMA, AVMSD, copyright), audiovisual dialogue and Media Freedom Act

Meeting with Penelope Papandropoulos (Cabinet of Executive Vice-President Margrethe Vestager), Werner Stengg (Cabinet of Executive Vice-President Margrethe Vestager)

29 Nov 2021 · Digital Services Act, Digital Markets Act

Meeting with Daniel Braun (Cabinet of Vice-President Věra Jourová), Marie Frenay (Cabinet of Vice-President Věra Jourová)

25 May 2021 · Media freedom, pluralism

Response to Digital Services Act package: ex ante regulatory instrument of very large online platforms acting as gatekeepers

5 May 2021

ACT member companies finance, produce, promote and distribute content and services benefiting millions of Europeans across all platforms. At ACT we believe that the healthy and sustainable commercial broadcasting sector has an important role to play in Europe’s economy, society and cultures. INITIAL REMARKS ADDRESSING THE GROWING DEPENDENCY ON DIGITAL GATEKEEPERS As producers and distributors of original European content and news, commercial broadcasters form a central pillar of Europe’s diverse media landscape. From the very beginning, ACT’s members have embraced the increasing use of digital platforms to access content and supported such increasing demand with new services, formats and content tailored to the needs of a growing European online audience. In this process, it has become increasingly clear that some online markets suffer from fundamental structural imbalances, primarily created by a small number of digital platforms that are determining how most Europeans obtain and consume news, information and audio-visual content online. We share the concerns identified in the Commission’s Impact Assessment and outlined in the Explanatory Memorandum of the DMA regarding the unfair trading practices of digital Gatekeepers. In particular, we agree that, due to structural problems, competition law is not sufficient in addressing the challenges posed by the largest online platforms acting as Gatekeepers, and that therefore additional obligations are required. By controlling walled-off ecosystems, Gatekeeper services have become largely incontestable while controlling access to large user groups. Such control provides a strong commercial incentive and ability to unfairly extract rents from content providers and other business users that have become dependent on Gatekeepers in their effort to reach online audiences. This is particularly striking for Gatekeepers that, like content providers, are funded by advertising and therefore have a strong conflict of interest when intermediating competitors in this area. As a result, today even the largest European broadcasters are faced with a situation where digital Gatekeepers with conflicting business interests unilaterally determine the commercial conditions for user access to audio-visual content, and thereby both hinder and exploit broadcasters in their endeavours to fund and provide innovative high-quality services. WELCOMING THE DMA & CENTRAL RECOMMENDATIONS ACT welcomes the proposal for a Digital Markets Act (DMA), as it addresses some of the most fundamental shortcomings in the current regulatory framework. For innovation to thrive in the digital economy, including in the media sector, there must be open and fair access to online audiences and corresponding revenue streams. Combined with the equally relevant liability regime for very large platforms proposed under the Digital Services Act (DSA), the DMA envisages practical solutions for genuine and urgent business restraints faced by various industries and companies in the digital sphere. In order to further enhance the effectiveness of the DMA, ACT’s recommendations focus on three key points: (i) a narrow set of designated Gatekeepers; (ii) more extensive obligations, and; (iii) less time-consuming and more effective enforcement mechanisms. The basic requirement for an effective asymmetric regulation is a targeted but all the more effective and speedy prohibition of the harmful practices of incontestable Gatekeepers, while simultaneously preventing negative spill-over effects for contestable competitors and intermediaries that do not threaten the competitive process. In summary, we would suggest focusing the application of the DMA to a very narrow set of Gatekeepers along with tightening the requirements for such players by introducing more effective obligations and enforcement tools.
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Broadcasters demand binding rules and sanctions for online platforms

29 Apr 2021
Topic — Strengthening the voluntary Code of Practice on Disinformation into a co-regulatory framework.
Message — ACT proposes turning the voluntary code into a binding tool with financial sanctions. They want regulators and fact-checkers to have full access to platform data to monitor disinformation.12
Why — Stricter transparency rules would help traditional broadcasters compete more fairly for advertising revenue.3
Impact — Major online platforms would lose their current flexibility and face strict mandatory oversight.4
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Broadcasters urge EU to end online political advertising asymmetry

23 Feb 2021
Topic — The Commission is consulting on new transparency rules for sponsored political advertising services.
Message — ACT demands online platforms follow strict rules to ensure a level playing field. They insist "issue-based" ads from interest groups must be regulated to prevent democratic harm. The group calls for transparency and bans on micro-targeting for digital campaigns.123
Why — Closing the regulatory gap would remove the competitive imbalance and high costs broadcasters endure.45
Impact — Digital platforms would face new compliance burdens and liability for misleading political content.67
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Response to Digital Levy

11 Feb 2021

See pdf attached.
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Meeting with Věra Jourová (Vice-President)

18 Nov 2020 · EDAP, Media and Audiovisual Action Plan, Copyright

Meeting with Thierry Breton (Commissioner) and

18 Nov 2020 · Exchange on the Media Action Plan and DSA/DMA package

Meeting with Agnieszka Skonieczna (Cabinet of Commissioner Thierry Breton) and Motion Picture Association EMEA and

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

Response to European Democracy Action Plan

10 Aug 2020

Please find the Association of Commercial Television in Europe feedback attached.
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Response to Intellectual Property Action Plan

10 Aug 2020

See attached position paper: 200806 ACT Feedback on IP Action Plan Roadmap - FINAL
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Response to Digital Services Act package: ex ante regulatory instrument of very large online platforms acting as gatekeepers

29 Jun 2020

ACT agrees that the Platform-to-Business Regulation was a welcome first step towards achieving a level playing field. A starting point that needs to be further complemented, particularly in light of the impact of the COVID-19 crisis and the potential for future measures to support the recovery process. We would encourage the Commission to highlight - beyond the ambition of ensuring contestability, fairness, innovation and market entry - the need to also promote a level playing field that supports essential values such as cultural diversity and media pluralism. This dimension needs to be further emphasised in the scope of the issues covered, the associated impact assessments and the social/economic impacts under consideration. ACT agrees with the EC analysis of platforms’ essential role in the internal market. For broadcasters, the issue is compounded by regulatory asymmetries that further hinder their ability to compete effectively and reinvest in Europe. A dimension that should be captured in the impact assessment. Indeed, a small number of large online platforms define the parameters for future innovations, consumer choice and competition in the digital ecosystem. ACT supports policy options presented by the EC in the IIA where they aim at introducing an effective ex ante regulatory framework which would ensure that online platform ecosystems, controlled by large online platforms that benefit from significant network effects, remain fair and contestable. It is particularly necessary to intervene where such platforms, acting as gatekeepers, engage in anti-competitive discriminatory practices such as self-preferencing, bundling strategies, predatory pricing, impeding access to data and/or abuse of data collection, etc. These unfair commercial practices effectively hamper the ability for pure content players to compete on a level playing field and reinforce the dominance of large online platforms in distribution networks. The detrimental effects of these market distorting practices is compounded by platforms’ dual role as distributors/publishers of content and their engagement in multiple activities across online markets, ranging from tech-products providers to online marketplaces. In certain circumstances, competition policies and tools have proven to be too slow or ineffective at providing remedies. An approach that builds on regulatory initiatives identifying the many issues raised by some practices of platforms with significant market power is welcome. Policy options should pay specific attention to online advertising, access to data and market distortions caused by vertically integrated large online platforms acting as gatekeepers. The EU institutions should study the broad issues at stake and reflect on solutions enabling a pro-competitive online advertising market. Digital advertising is a vital part of content providers’ business. Mechanisms that address distortive and exclusionary practices, carried out by gatekeeping players in the online advertising market, are essential to ensure broadcasters’ ability to continue to invest in quality content and deliver a rich and varied offer in the Digital Single Market. Unfair competition in the online advertising market is a facet of a wider picture which comprises several anti-competitive practices (e.g. unequal access to user data; vertical integration and conflicts of interest). Additional rules granting access to data generated from the use of the broadcasters’ services or content on some global platforms are needed. The EU institutions should explore creating obligations; to ensure data generated from content viewing is made accessible to the media companies financing the content whilst limiting platform providers’ ability to collect non-essential data especially for the benefit of their own competing services.
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Response to Digital Services Act: deepening the Internal Market and clarifying responsibilities for digital services

29 Jun 2020

ACT agrees that the fundamental principles of the E-commerce directive remain valid. The DSA should provide targeted solutions to tackle specific illegal/ harmful activities whilst being coherent with sector specific regulations and existing CJEU and national case law. Safe harbor provisions and related ban on general monitoring shall continue to apply to passive and merely technical intermediaries, which do not organise/ optimise content uploaded on their services. We encourage the EC to consider the impact that illegal/harmful activities have on Europe’s ability to sustain cultural diversity and media pluralism. Infringement of IPRs, facilitated by online platforms, continues to drain Europe’s creative and cultural ecosystems’ growth and jobs. The proliferation of disinformation erodes the democratic discourse and public safety. These impacts have been magnified by the COVID crisis. We encourage the EC to give greater weight to media pluralism as it considers the relevant economic and social impacts. The regulatory asymmetries that exist between platforms and players such as broadcasters should be an important part of the underlying regulatory and market evolutions the EC seeks to identify. The need for rules to ensure that what is illegal offline is illegal online, as specified in the EC President’s political objectives, should appear more prominently. And, as suggested by the Roadmap, be applied to platforms established within or outside of the EU. To avoid incentives to forum shopping, the DSA should overcome the potential for single market fragmentation and uneven protection for citizens online. ACT welcomes the focus on “coherence with sector-specific regulations” and international obligations across the options considered. Upgrading liability and safety rules for digital services should build on existing legislation and subsequent CJEU jurisprudence paired with more effective regulatory oversight and judicial redress mechanisms and tools. This includes algorithmic transparency measures for User Uploaded Content platforms, Know Your Business Customer protocol, transparency of policies on repeat offenders and trusted flaggers, stay-down obligations and the possibility of issuing dynamic and catalogue/repertoire-wide injunctions. Any harmonisation should complement the existing framework by upholding the passive/active distinction and current notice and action procedures. ACT is weary of the suggestion that active platforms face some form of legal hazard “notably for voluntary measures to detect illegal content”. The EC has clarified (2017 Recommendation) that proactive measures to prevent illegal content do not automatically lead to the loss of the liability privilege for passive platforms. In fact, the active nature of the platform isn’t based on its ability to discover illegal material but on the role the service plays in promoting the content - as clarified by Prof. Nordemann in the EP’s IMCO Study published in 05 2020. We would caution against importing the US “Good Samaritan” model, qualified as “insufficient” by Europe’s audiovisual regulators (ERGA), due to its demonstrated inability to deliver greater platform responsibility and its contradiction with existing CJEU jurisprudence. ACT is supportive of robust users’ rights where this is proportionate, balances all fundamental rights and is consistent with the application of existing regulations, CJEU case law and international rules. ACT recommends that any “effective redress and protection against unjustified removal for legitimate content” does not prejudice rules applicable to illegal content and erode broadcasters’ rights. On the issue of disinformation, ACT highlights the recommendations of ERGA and numerous studies on the need to address the inefficiencies of the CoP and move to a co-regulatory model that bolsters quality media. The EC should look at more effective tools that go beyond mere cooperation between service providers and authorities or assessments.
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Meeting with Daniel Braun (Cabinet of Vice-President Věra Jourová), Marie Frenay (Cabinet of Vice-President Věra Jourová)

15 Apr 2020 · Disinformation, Media pluralism

Meeting with Anthony Whelan (Cabinet of President Ursula von der Leyen)

30 Jan 2020 · Robust media policy, responsible platforms, reliable rights & freedoms

Meeting with Daniel Braun (Cabinet of Commissioner Věra Jourová), Wojtek Talko (Cabinet of Commissioner Věra Jourová)

18 Nov 2019 · Media policy

Meeting with Margrethe Vestager (Executive Vice-President)

18 Nov 2019 · Meeting to discuss digital issues

Meeting with Manuel Mateo Goyet (Cabinet of Commissioner Mariya Gabriel)

4 Feb 2019 · Copyright

Response to Review of ecodesign requirements for lighting products

8 Nov 2018

The Association of Commercial Television in Europe (ACT) represents the interests of leading commercial broadcasters across the European Union. The ACT recognises the laudable aim of greater sustainability yet a couple of issues should be avoided in the upcoming Regulation: 1) Availability issue Among our membership, there are European broadcasters using traditional halogen bulbs. These traditional lights, in addition to being far less expensive than their LED alternatives are very durable. In traditional fixtures one can put halogen bulbs. In LED fixtures, the lighting source (the LED’s and the control electronics) are built in by nature and cannot be replaced. This makes the LED fixtures very expensive (2-4K per piece). For domestic use the industry has developed LED bulbs that can simply be mounted in an existing fixture that had a halogen bulb before. This exchange principle is not possible for TV fixtures. There is not a single LED replacement bulb for the traditional halogen bulb available and that won’t come either. The reason is that it is simply impossible to develop a LED bulb that would produce an equal amount of light as the halogen one it has to replace for the high light outputs that TV light requires. 2) Costs issue The costs of reequipping a studio is extremely high. For example, a national medium-sized broadcaster in our membership will have to spend up to €1 million just for the change in fixtures. The current fixture (with halogen bulb) would become 100% useless if the bulbs are not available anymore. This would lead to dump all current fixtures and to replace them with LED alternatives. On top of this, one must factor the cost of adapting the cabling from high voltage to an appropriate one for LEDs. This carries a cost of half a million for the same broadcaster. 3) Conformity issue While consumer lamps have the in-built capacity to go into “deep” standby, studio lighting must maintain a standby voltage above 0,5W due to the need to receive signals from the lighting console. There is no alternative available on the market. 4) Proportionality issue These requests are in line with Directive 2009-125 - establishing a framework for the setting of ecodesign requirements for energy-related products - which states that implementing measures should be proportional. More specifically, Article 15.2C states that “the product shall present significant potential for improvement in terms of its environmental impact without entailing excessive costs, taking into account in particular: (i) the absence of other relevant Community legislation or failure of market forces to address the issue properly; and (ii) a wide disparity in the environmental performance of products available on the market with equivalent functionality.” In our sector, lighting is of paramount importance for integrated TV producers. Affecting lighting will have negative consequences on cultural content in Europe and lower quality – the lighting designer’s toolkit will be lost and this will dramatically affect productions of all types. Furthermore, other functions within the entertainment sector will be impacted: entertainment lighting including lighting manufacturers, distributors, rental companies, installers and lighting users. The ACT therefore urges the European Commission to take into account the above and take the necessary steps to ensure broadcasters can deliver quality programming. We also attach a joint-letter we co-signed on 15 October 2018 and which includes suggested specific amendments on necessary technical exemptions. Thank you for the consideration of the above and attached document.
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Response to Measures to further improve the effectiveness of the fight against illegal content online

30 Mar 2018

ACT CONTRIBUTION TO THE INCEPTION IMPACT ASSESSMENT ON MEASURES TO FURTHER IMPROVE THE EFFECTIVENESS OF THE FIGHT AGAINST ILLEGAL CONTENT ONLINE The Association of Commercial Television in Europe represents the interests of leading commercial broadcasters across the European Union. The ACT member companies finance, produce, promote and distribute content and services benefiting Europeans across all platforms. Each year, ACT members are hugely affected by online piracy of TV programmes. Piracy threatens our model of reinvestment in European quality content. Our members are playing their part with a massive investment in legal offers online on the one hand and costly enforcement measures on the other hand but improved legal protection of our content is essential as is fast and effective enforcement of Intellectual Property Rights. With this in mind, we welcome the recent initiatives of the Commission on tackling illegal content online – Communication in September 2017 and Recommendation in February 2018. However, we believe that legislative action is needed. Whether it is a horizontal legislation or a sector-specific legislation, copyright should be covered and binding rules are needed to ensure effective results. Without an obligation to cooperate and be proactive, service providers which host and/or give access to illegal content online do not have any incentive to be transparent and put in place effective measures. In order to foster a wider accountability of platforms and to protect the reinvestment in creative content, several conditions are needed: • Technical measures to filter the content. The use of automated tools is necessary for the detection and identification of illegal content and has proved successful. • Fast removal of illegal content. The longer the illegal content stays online, the higher is the damage caused to the audiovisual industry. The removal shall be performed expeditiously and in particular special consideration should be given to live content. In case of appeal procedures, there should be no delays in the removal of illegal or potentially illegal content. • Stay down measures to prevent the re-appearance of illegal content. Hosting providers should adopt measures to prevent the repeated uploading of illegal content and aim to effectively disrupt the dissemination of illegal content. This would be possible through the use of automated re-upload filters. • IP rightholders among notice providers. Every owner of an IP right should be considered a trusted flaggers by default as well as every entities (e.g. association…) bringing together IP right holders. The ratio of rightful notifications could be used as an objective benchmark. The criteria to establish the status of a trusted flagger should not be left to hosting providers. • Full transparency. It is important that hosting providers communicate detailed information on actions taken and on the notices received, as well as on the time for processing. Confirmations of receipt should be sent to notice providers to avoid that the latter has to check manually whether his/her request has been followed. This can also serve as evidence in judicial or out-of-court proceedings. • Title of the copyrighted content is the only information needed for the notice to be valid. Hosting providers often demand too detailed proof of ownership or other information, such as all the URL addresses of the illegal content. This is difficult to provide as well as time-consuming. In the meantime, the illegal content stays online seriously damaging the creative sector. • Reviewing whether a new regulatory framework or body to supervise the processes that platforms undertake would be beneficial to transparency and accountability.
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Meeting with Manuel Mateo Goyet (Cabinet of Commissioner Mariya Gabriel)

18 Sept 2017 · DSM strategy

Meeting with Pauline Rouch (Cabinet of President Jean-Claude Juncker)

27 Jan 2017 · Digital Single Market

Meeting with Andrus Ansip (Vice-President) and

3 May 2016 · Digital Single Market and Sport Broadcasting

Meeting with Szabolcs Horvath (Cabinet of Commissioner Tibor Navracsics)

22 Apr 2016 · Digital Single Market

Meeting with Pauline Rouch (Cabinet of President Jean-Claude Juncker) and association of television and radio sales houses

20 Apr 2016 · Digital Single Market

Meeting with Szabolcs Horvath (Cabinet of Commissioner Tibor Navracsics)

15 Apr 2016 · Digital Single Market

Meeting with Marlene Holzner (Digital Economy)

9 Feb 2016 · AVMSD

Meeting with Andrus Ansip (Vice-President) and

26 Nov 2015 · Copyright reform, portability, fight against piracy

Meeting with Tibor Navracsics (Commissioner) and EBU-UER (European Broadcasting Union) and

26 Nov 2015 · Digital Single Market

Meeting with Günther Oettinger (Commissioner) and MFE - MEDIAFOREUROPE N.V and RTL Group

28 Oct 2015 · DSM: copyright and AVMS review

Meeting with Andrus Ansip (Vice-President) and

28 Oct 2015 · Copyright, Sat-Cab and AVMS directives review

Meeting with Marlene Holzner (Digital Economy)

14 Jul 2015 · commercial communications-regulatory matters

Meeting with Stig Joergen Gren (Cabinet of Vice-President Andrus Ansip)

16 Apr 2015 · Copyright

Meeting with Anna Herold (Digital Economy)

18 Feb 2015 · copyright

Meeting with Pauline Rouch (Cabinet of President Jean-Claude Juncker), Pauline Rouch (Cabinet of President Jean-Claude Juncker)

19 Jan 2015 · Digital Single Market