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IRIS Plus - The legal framework for video-sharing platforms (2018)
Video Sharing Platforms – find out how the current rules apply and what future measures are in the pipeline!
With the announcement in July that Instagram has launched a new video sharing platform - IGTV – it’s clear that VSPs are this season’s hot topic. But what rules do they have to respect? How does European legislation sheriff the wild wild west of content sharing platforms such as YouTube? And what of Facebook? How does European law define their role and responsibilities? High time for the European Audiovisual Observatory’s new report.
This brand new study is authored by the Observatory’s legal and market experts: Francisco Javier Cabrera Blázquez, Maja Cappello, Gilles Fontaine, Ismail Rabie and Sophie Valais. Head of Legal Department Maja Cappello presented the report at a Video Sharing Platform (VSP) conference in Paris at the beginning of June.
1 Setting the scene
1.1 Content available from video-sharing platforms and social media and their economic impact
1.1.1 Offerings and hybrid operators
1.1.2 The difficulty in estimating the size of the audience generated by video-sharing
1.1.3 The economic impact of video-sharing platforms and social media
1.2 The main legal challenges posed by video-sharing platforms and social media
1.2.1 The challenge of agreeing on a common legal definition
1.2.2 The challenges of territoriality and enforcement
1.2.3 The challenges on competition law
1.2.4 The legal challenges on fundamental rights
2 International and EU legal framework
2.1 Council of Europe
2.1.1 Standard-setting activity related to the online environment
2.1.2 Recommendation on the roles and responsibilities of Internet intermediaries
2.2 EU legal framework
2.2.1 Different regulation for different services?
2.2.2 General liability regime of video-sharing platforms and social media
2.2.3 Commercial communications in video-sharing platforms and social media
2.2.4 Protection of minors and human dignity in online platforms
2.2.5 Data protection and privacy
2.2.6 Enforcement of national laws and territoriality rules
3 National transposition
3.1 General liability regime
3.1.1 France
3.2 Fake news
3.2.1 Germany
3.2.2 France
3.2.3 Italy
3.2.4 United Kingdom
3.3 Protection of minors
3.4 Financing content
3.5 Protection of copyright
3.5.1 France
4 Self-regulation and pan-European initiatives
4.1 The protection of children and young people in video-sharing platforms and social media
4.1.1 The approach of video-sharing platforms and social media
4.2 Protection against hate speech and “fake news” in video-sharing platforms and social media
4.2.1 Self-regulatory initiatives against online hate speech
4.2.2 Self-regulatory initiatives against “fake news” online
4.3 The protection of copyright-protected content in video-sharing platforms and social media
4.4 The limits of targeted advertising on online platforms
5 Case law
5.1 The European Court of Human Rights
5.1.1 Freedom of expression v. hate speech in video-sharing platforms and social media
5.2 The Court of Justice of the European Union
5.2.1 The definition of video-sharing platforms
5.2.2 Online platforms and copyright infringement
5.2.3 Online platforms and personal data
5.2.4 Online platforms and the abuse of dominant position
5.3 Selected national case law
5.3.1 On the notion of “platform”
5.3.2 Protection of minors
5.3.3 Protection of citizens
5.3.4 Advertising and the protection of consumers
5.3.5 Data protection
5.3.6 Protection of copyright
6 State of play
6.1. Proposed measures in the context of the revision of the AVMSD
6.1.1. The definition of a VSP and general principles
6.1.2. The provisions applicable to VSPs
6.1.3. The establishment of VSP providers
6.1.4. The obligation to make certain information on VSPs accessible to users
6.2. Proposed measures in the context of the Copyright Directive revision
6.3. Initiatives in the context of the Digital Single Market Strategy
6.3.1. The (non) revision of the e-Commerce Directive
6.3.2. Initiatives on disinformation and “fake news”
6.3.3. Initiatives concerning consumer protection
6.3.4. Initiatives concerning tax regimes
7 Annex
Video Sharing Platforms – find out how the current rules apply and what future measures are in the pipeline!
With the announcement in July that Instagram has launched a new video sharing platform - IGTV – it’s clear that VSPs are this season’s hot topic. But what rules do they have to respect? How does European legislation sheriff the wild wild west of content sharing platforms such as YouTube? And what of Facebook? How does European law define their role and responsibilities? High time for the European Audiovisual Observatory’s new report.
This brand new study is authored by the Observatory’s legal and market experts: Francisco Javier Cabrera Blázquez, Maja Cappello, Gilles Fontaine, Ismail Rabie and Sophie Valais. Head of Legal Department Maja Cappello presented the report at a Video Sharing Platform (VSP) conference in Paris at the beginning of June.