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Having asked various organisations involved in media what they would find useful, we have produced the below media law newsletter. This newsletter identifies some of the key legal and regulatory developments affecting the media and entertainment industries in the UK and Europe. We hope you enjoy it.
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The new Copyright in the Digital Single Market Directive has been approved by the EU Parliament. If the Directive makes it into law, it will mean that all EU member states will need to enact laws giving press publishers the right to require a paid licence from third party services that use their articles online. It will also require member states to put in place legislation requiring platforms such as Facebook and YouTube to work with content owners to prevent infringing content being available on those platforms. See InDepth below.
The UK government has published Brexit “technical notices” covering the impact of the UK and the EU failing to agree a deal on the UK’s departure from the bloc. It offers sobering reading to broadcasters and media companies, though not necessarily anything that they were not already aware of. In particular, the broadcasting and VOD notice stresses that the ‘country of origin’ principle will no longer benefit Ofcom-licensed broadcasters (and, vice versa, broadcasters regulated in other EU member states will need a licence from Ofcom) and, absent a deal, the principle will not be replaced by anything adequate for many broadcasters. Further, the copyright notice explains that the Portability Regulation will cease to apply, meaning that UK consumers may not be able to access their online content services while temporarily visiting the EU.
The French draft legislation to combat fake news during election periods continues to be the subject of intense debate in the French parliament. The proposed legislation would allow political candidates to ask a judge to order the closing down or blocking of websites disseminating fake news within 48 hours.
The draft legislation imposes a duty of cooperation on online platform operators such as Facebook. They would be required to introduce measures allowing users to flag fake news, pass the flagged articles to the competent authorities and report to the French media regulatory authority (the “Conseil supérieur de l’audiovisuel” (CSA)) on the implementation of the measures each year. With the Joint Parliamentary Committee unable to reach an agreement on the draft legislation on 26 September, the draft bill will return to the National Assembly on 9 October where a final decision will be made.
Indepth analysis – New Copyright Directive approved by the EU Parliament
The proposed “directive of the European Parliament and of the Council on copyright in the Digital Single Market” is one of the more controversial proposals for legislation to go through the EU’s legislature. It has been one hard-fought by businesses and individuals on both sides of the debate, pitching famous musicians and media companies against the largest and most powerful tech companies. But what is it all about?
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