European audiovisual media policy in the age of global video on demand services: A case study of Netflix in the Netherlands external link

Idiz, D. R, Irion, K., Ebbers, J. & Vliegenthart, R.
Journal of Digital Media & Policy, vol. 12, num: 3, pp: 425-449, 2022

Abstract

This article considers the provisions in the European Union’s revised Audiovisual Media Services Directive concerning video on demand (VOD) services and the effectiveness of supply-side cultural diversity regulations in achieving their purported policy goals of increased production and consumption of European works. Because the Netherlands is the ‘country of origin’ to several multinational VOD services, including Netflix, we conducted a case study of this specific national context. We examine the quota for and prominence of European works, as well as different forms of financial obligations. We find that the former two policy tools may require new strategies to effectively reach their objectives in a nonlinear context. Our evidence also indicates that the latter remains controversial in the domestic audiovisual industry, as stakeholder positions are dependent on the type(s) of production stimulated. Based on this, we argue that securing the independence of producers and ensuring VOD services are transparent with respect to performance data are essential to promoting source diversity and a sustainable value chain.

Audiovisual Media Services Directive, cultural diversity, frontpage, Media policy, Netflix, nonlinear television, prominence, quota, video on demand regulation

Bibtex

Article{Irion2021e, title = {European audiovisual media policy in the age of global video on demand services: A case study of Netflix in the Netherlands}, author = {Idiz, D. R and Irion, K. and Ebbers, J. and Vliegenthart, R.}, url = {https://doi.org/10.1386/jdmp_00070_1https://www.ivir.nl/idiz-irion-vliegenhard-ebbers-2021-jdmp-2/}, doi = {https://doi.org/10.1386/jdmp_00070_1}, year = {0125}, date = {2022-01-25}, journal = {Journal of Digital Media & Policy}, volume = {12}, number = {3}, pages = {425-449}, abstract = {This article considers the provisions in the European Union’s revised Audiovisual Media Services Directive concerning video on demand (VOD) services and the effectiveness of supply-side cultural diversity regulations in achieving their purported policy goals of increased production and consumption of European works. Because the Netherlands is the ‘country of origin’ to several multinational VOD services, including Netflix, we conducted a case study of this specific national context. We examine the quota for and prominence of European works, as well as different forms of financial obligations. We find that the former two policy tools may require new strategies to effectively reach their objectives in a nonlinear context. Our evidence also indicates that the latter remains controversial in the domestic audiovisual industry, as stakeholder positions are dependent on the type(s) of production stimulated. Based on this, we argue that securing the independence of producers and ensuring VOD services are transparent with respect to performance data are essential to promoting source diversity and a sustainable value chain.}, keywords = {Audiovisual Media Services Directive, cultural diversity, frontpage, Media policy, Netflix, nonlinear television, prominence, quota, video on demand regulation}, }

Smart TV and the online media sector: User privacy in view of changing market realities external link

Telecommunications Policy, vol. 41, num: 3, pp: 170-184, 2017

Abstract

Smart TV and online media enable precise monitoring of online media consumption, which also forms the basis for personalised recommendations. This new practice challenges EU policy in two respects. Firstly, the legality of monitoring individual media consumption and using personal data of users is primarily addressed under data protection law. Secondly, tracking of viewing behaviour and personalisation of media content can also affect individuals’ freedom to receive information, as well as the realisation of media policy objectives such as media freedom and pluralism, implications that so far are not reflected in media law and policy, or only marginally. This article addresses the increasing reliance on personal data and personalised services in the audiovisual and online media sector and queries the appropriateness of the legal status quo in light of implementation and enforcement actions in Germany and the Netherlands. The analysis concludes with a call for media policy makers and regulators to pay more attention to the issue of ‘smart surveillance’ of media users, and develops a number of concrete recommendations on how to accommodate the specific privacy concerns of media users.

frontpage, Fundamental rights, Media consumption, Media policy, Monitoring, Online media, Privacy, Smart TV

Bibtex

Article{Irion2017, title = {Smart TV and the online media sector: User privacy in view of changing market realities}, author = {Irion, K. and Helberger, N.}, url = {https://www.ivir.nl/publicaties/download/Smart-TV-and-the-Online-media-sector-prepub.pdf}, doi = {https://doi.org/http://dx.doi.org/10.1016/j.telpol.2016.12.013}, year = {0103}, date = {2017-01-03}, journal = {Telecommunications Policy}, volume = {41}, number = {3}, pages = {170-184}, abstract = {Smart TV and online media enable precise monitoring of online media consumption, which also forms the basis for personalised recommendations. This new practice challenges EU policy in two respects. Firstly, the legality of monitoring individual media consumption and using personal data of users is primarily addressed under data protection law. Secondly, tracking of viewing behaviour and personalisation of media content can also affect individuals’ freedom to receive information, as well as the realisation of media policy objectives such as media freedom and pluralism, implications that so far are not reflected in media law and policy, or only marginally. This article addresses the increasing reliance on personal data and personalised services in the audiovisual and online media sector and queries the appropriateness of the legal status quo in light of implementation and enforcement actions in Germany and the Netherlands. The analysis concludes with a call for media policy makers and regulators to pay more attention to the issue of ‘smart surveillance’ of media users, and develops a number of concrete recommendations on how to accommodate the specific privacy concerns of media users.}, keywords = {frontpage, Fundamental rights, Media consumption, Media policy, Monitoring, Online media, Privacy, Smart TV}, }