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 News From You
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Week ending June 26, 2010
The European Commission’s Article 29 Working Party on data protection “Opinion 2/2010 on online behavioural advertising” adopted today, calls for an opt-in by users for placing cookies on their PCs. In a strong rebuttal, Europe’s media and advertising industry united to reject the Opinion, which is out of step with the relationships that businesses and consumers are building online and flies in the face of the reality of the Internet.
Angela Mills Wade, Executive Director of the European Publishers Council said: “This is an overly strict interpretation of the ePrivacy directive. If followed by Member States, it would kill any chance of the media building viable advertising revenues online and our serious efforts to give consumers effective control over the use of cookies. Only this week, speaking before the AMCHAM, Commissioner Reding said: ”This sector needs clarity not red tape (...). This is why self-regulation could work well in this area to complete the existing rules. I am considering this approach as a way to have codes of conduct (...)". Angela Mills Wade added that “we welcome this more nuanced approach by the Commission, their confidence in self-regulation and a balance between regulation and business interests.”
The Article 29 group is suggesting that whatever “information” is stored in cookies, it must be treated as if it were “personal” data and as such should be subject to explicit, prior consent. The Directive currently does not require an opt-in for cookies. In practice such a requirement would mean that users would have to confirm every single cookie placed on their PCs, leading to a permanent disruption of their Internet experience. The industry believes this is a gross misinterpretation of the intention of the Directive and a misrepresentation of the type of data typically collected and processed for the purposes of serving interest-based advertising to consumers on our websites. The ePrivacy Directive acknowledged that the controls in modern web browsers give users full and granular control over cookies.
“This opinion takes no account of the support we get from our consumers for interest-based advertising nor of the exchange in value they receive between effective advertising and access to high quality media content for free.” said Stephan Loerke, Managing Director, World Federation of Advertisers (WFA).
“Obviously, the Internet in Europe would become less attractive to users and would significantly undermine the growth potential of the digital economy. Such strict privacy regulations would not only jeopardise the existence of European online companies but would call into question the EU’s ambitious Digital Agenda, intended to increase Europeans’ access to ultra fast Internet and fostering the e-commerce sector.” said Stephan Noller, CEO of nugg.ad and IAB Europe Chair of the Policy Committee.
As media and advertisers develop new ways of reaching consumers through tailored, interest-based content and new opportunities in matching advertising based on users’ potential interests, cookies are essential to the smooth functionality underlying these new business models.
Angela Mills Wade said “these ‘data’ are not personally identifiable or sensitive, and do not harm consumers’ privacy. That is why at present the regulatory regime across Europe allows for consumer to control of the use of cookies themselves through their browser settings and options to opt-out of receiving cookies”.
“We are looking forward to a dialogue with the Article 29 Working Party to discuss the proposed concepts, their feasibility and practicability and provide our ideas how transparency and choice for users can be increased with more proportionate measures than an opt-in. Self-regulation could the solution that contributes to increased transparency in a meaningful way that regulation could hardly achieve.” said IAB Europe Vice President Kimon Zorbas.
On 24 June 2010 the European Broadcasting Union (EBU), the world’s leading broadcasting association, met with European Commissioner for the Internal Market and Services Michel Barnier, to discuss the EBU's proposals on copyright modernization in the context of the upcoming EU copyright initiatives.
The EBU welcomed the Commissioner's initiatives on copyright in the Digital Agenda. Public service broadcasters are investing substantially in quality content which will help to ensure a more inclusive and sustainable digital information society for the benefit of all citizens.
However, today broadcasters need a simplification of rights clearance mechanisms to encourage innovation and ensure that audiences can legally access media content on a range of new digital platforms, therefore facilitating the development of a successful Digital Agenda.
"Our proposals seek a balanced approach that provides 'easy access' for consumers, facilitating the distribution of content across the internal market, while duly protecting rights holders, including artists," declared Jean-Paul Philippot, President of the European Broadcasting Union.
A key element of the EBU's proposals is the extended collective rights management mechanism for clearing rights for audio and audiovisual media services and its wider application across the EU for traditional broadcasting as well as on-demand media services.
The EBU welcomed the upcoming Commission initiative on collective management which is of the utmost importance to the EBU and its Members. The EBU urged the Commissioner to have provisions on extended collective licensing introduced in the future framework directive on collective management.
"Collective management is indispensable because broadcasters can't go individually to rights holders for a lot of mass use," said Ingrid Deltenre, Director General of the European Broadcasting Union . She went on to say, " For our Nordic Members, the extended collective licensing system, which has been in place for the past 50 years, has significantly simplified the process of clearing rights for archive content, including orphan works . However, our Members still have a total of approximately 28 million hours of unused radio and TV content, representing an enormous part of Europe's cultural heritage."
The EBU pointed out that this situation creates unnecessary administrative costs, and is not in the interests of copyright users, consumers or creators. This is why, in addition to proposals on books in a directive on orphan works, solutions must also be found for audiovisual archives.
As part of a coherent set of proposed measures, the EBU highlighted another of its key points: the country of origin principle. This would facilitate EU-wide licensing avoiding multi-territorial application of 27 national copyright rules, on the basis of the principle of technological neutrality, where a policy should not favour a particular technology.
"The more you facilitate the system, the more likely it is that you will have content available on all platforms nationally and across borders," concluded Ms Deltenre.
The EBU stressed that its proposals respect the contractual freedom of producers of premium content, e.g. films. They must remain free to negotiate their exclusive rights individually with broadcasters and to contractually restrict their licenses to certain territories.
2M Prima Telecom, an operator of television and radio stations in Romania and reseller of broadcast transmission equipment, recently hosted an event in Bucharest, Romania to commemorate the launch of HD Radio Technology on Radio Guerrilla, 94.8 in Bucharest. The event was co-sponsored by Harris Corporation’s< Broadcast Communications Division and the European HD Radio Alliance (EHDRA) and drew attendees from the National Authority for Communications Administration and Regulation (ANCOM), the National Council of TV and Radio Broadcasting (CNA), the Radio and TV Broadcasting Association (ACD) and numerous broadcasters.
“HD Radio Technology offers tremendous benefits for Romania and throughout Europe,” said George Pletea, Radio Manager for 2M Prima Telecom and organizer of the event. “We were very satisfied with the initial tests on our station in Baia Mare and are impressed with the technology’s ability to add additional program channels as is being done on 94.8 with the addition of two ‘multicast’ channels.”
“Harris is pleased to have supplied the necessary broadcast equipment and support for the Bucharest HD Radio trials,” said Mathias Eckert, Regional Director of Central Europe, Harris Broadcast Communications. “As a worldwide leader in digital broadcasting solutions, Harris is committed to offering superior products to ensure the success of digital broadcasting around the world and commends all those involved in these HD Radio trials for their vision.”
“On behalf of the European HD Radio Alliance, I congratulate 2M Prima Telecom, Guerrilla Radio and Harris on the successful launch of HD Radio trials in Bucharest,” said Andrea Sentinelli, General Director of EHDRA. “The interest in HD Radio Technology and the benefits it offers has been increasing dramatically in Europe and these trials will further highlight its suitability as a solution for the digitization of radio.”
HD Radio broadcasting offers listeners of AM and FM radio the quality, choice and interactive services that consumers have come to expect from digital technologies. From iTunes® Tagging to real-time traffic and location-based concierge information to premium content, HD Radio Technology’s advanced services are rapidly becoming an important complement to its signature crystal-clear sound and expanded audio programming. Potential HD Radio telematics services include advanced navigation, premium content, mobile entertainment and targeted data services.
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