Smart TVs and streaming platforms are booming and subscription services, which combine linear and non-linear content, are attracting more and more users. The traditional boundaries between telemedia services and broadcasting are gradually disappearing. Media platforms are gaining more and more influence over their users. They track their viewing habits, guide the choices they make and deliver targeted, interest-driven advertising.
The growing popularity of these services and their increasing influence on user behaviour make new regulations necessary to ensure transparency and fairness towards users. The German legislator took a first step by introducing the German State Media Treaty (MStV), which replaced the German Interstate Broadcasting Agreement (RStV), on 7 November 2020. Under this new legislation, providers of media platforms are now subject to non-discrimination rules and must fulfil a number of transparency requirements. Among other duties, they must grant content providers equal and non-discriminatory access to their services, must not unfairly obstruct similar offerings or treat similar offerings unequally without objective reasons. When it comes to organisation and selecting content, they must also ensure transparency with regard to the underlying principles behind their services and decision-making systems. In addition, platforms have a duty to notify the regional media authority in certain cases; the service may even require a broadcasting licence. Additional requirements for media platforms will follow as further EU requirements, such as the Digital Services Act (DSA), take effect.
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Questions that may arise in the context of the new digital regulations governing media platforms include:
- What companies fall within the scope of the regulations?
- How can a media platform achieve compliance in terms of transparency and fairness?
- Who will be affected by the journalistic editorial duties of care?
- How can a provider make sure it provides a diverse range of services and access to the media platform?
- Who is subject to (subsequent) notification requirements?
- What should be taken into account and, if necessary, disclosed when presenting a decision-making system and rankings, the main parameters of an algorithm or customer reviews?
- What complaint management systems should be in place?
- What other requirements will media platforms face in the future?
- What business models will be affected?
Our team can help you analyse your business model and assist you to develop customised solutions.
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