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Project of revision of the directive “Service of audio-visual mediums” (SMA): positions of the CSA and the consolidated ERGA

Official statement of the Wednesday, May 25, 2016

The Superior council of audio-visual greets with a great satisfaction the publication this day of the proposal for a revision of the directive Services of audio-visual mediums of the European Commission which aims at adapting the European legal framework of audio-visual to the changes of the sector.

In the phase of preparation of this proposal, the contribution of the Group of the European regulators of the services of audio-visual mediums (ERGA), created under the impulse of Olivier Schrameck who took the presidency of 2014 of it to 2015, was decisive. The Council also made its contribution while answering, in November 2015, with the consultation of the Commission entitled “a framework for the media to the 21E century ”.

The Council is delighted that the basic principle of independence of the regulators, together with criteria allowing to ensure it, that is to say introduced into the revised proposal for a Directive. Recent European examples, like those of Croatia or Poland, indeed showed the need for consolidating the independence of the regulatory authorities whose role is essential pluralism in the mediums freedom of expression.

Whereas the CSA, then the ERGA, is for a long time in favour of the extension of the field of application of the directive to the platforms of division of vidéos, the taking into account of this measure to the preliminary draft attests cogency of their position which takes into account the role growing of the digital intermediaries in the diffusion of the audio-visual contents.

The Council also greets two projections relating to the video services with the request in favour of European creation: 

  • introduction of an obligatory minimum of 20% of European works in the catalogues of these services;
  • the possibility given to the Member States to apply their devices of financing of creation to the services targeting their territory while being established in another country of the European Union.

From this point of view, Erga has just adopted a report worked out under the responsibility of the CSA, referring for the exposure and the financing of the creation of works with the country of destination. The Commission proposal begins again on the whole the recommendations of the ERGA in the fields of the independence of the regulators, of the field of application of the directive and the protection of the minors. 

The Council is delighted finally by the dedication of the ERGA in the revised proposal for a Directive. She only testifies to the credibility of the Group acquired in space the two years. He stresses the importance of the ERGA in the capacity as high level independent group. 

The CSA calls his wishes the continuation of this reform with the active support of the whole of the regulators joined together within the ERGA, with the service of the creators, the diffusers and the televiewers.


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