Converging Regulation for Convergent Media: an overview of the Audiovisual Media Services Directive

Convergence and the Internet have changed the way creative content is now watched, and forced the Television without Frontiers Directive 89/552/EC (the TWFD) to be reformed into the Audiovisual Media Services Directive 2007/65/EC (AVMSD). Historically, the key regulatory broadcasting issue was ensuring the provision of stipulated content and implementing public policy. By contrast, telecommunications regulation centered on ensuring the provision of affordable network access for consumers. However; convergence, the coming together of different technologies, which have distinct functions, to create one medium which performs each divergent function, has now intertwined these regulatory issues. The former distinct sectors of broadcasting and telecommunications have become one with regulators placing increasing weight on facilitating access to public service content across broadcasting platforms and regulating content within telecommunications platforms. This work argues that convergence has altered the broadcasting landscape almost beyond recognition, causing new market opportunities alongside downward economic pressures. Without an adequate change in how the law regulates the new resulting creative content industry, both in terms of supply and the substance of such content, further harm would also have ensued for the entire industry. Due to fears that too much regulation would be detrimental to the competitiveness of the Internet Protocol Television (IPTV) market and hinder development; some argue that the reformed Directive should not have had a wider scope to cover on-demand content. It is suggested that while having merit, this thinking ignores the extent to which convergence has changed the broadcasting environment thus, non-linear content delivery services have to be included in the AVMSD. Arguably the epicentre of today " s converged environment is the broadband internet network. This has led to broadband delivered broadcasting, or IPTV as it is more commonly known, as well as allowing the creation of broadcasting via mobile phones. Convergence means operators need to respond to the new environment in order to take advantage of new opportunities and avoid losing revenue. Forsyth and Heath (2007) have argued " [t]he era of scheduled TV channels is fast coming to an end " as on-demand programming becomes the norm as viewing trends follow the general shift to a 24/7 mobile society, evidenced by the rise of 24 hour news channels and uptake of services such as Sky+. 1 The impact of convergence has seen new opportunities, such as the more efficient distribution of services within a channel " s existing capacity but most " notably [Digital Terrestrial …