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Home arrow newsitems arrow CoE AV.Observatory Director Closs to EuroFora: European replies to US Dominance on Digital Media=Key

CoE AV.Observatory Director Closs to EuroFora: European replies to US Dominance on Digital Media=Key

Written by ACM
Wednesday, 07 November 2012
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*Strasbourg/CoE/Angelo Marcopolo/- A set of Principles on the Rights of Internet Users and the development of European Players in the Digital Audio-Visual Market, can and must be Europe's reply to the growing need to Safeguard Democratic "Pluralism" in New Media able to "Shape Public Opinion", but currently challenged by a growing Media Concentration dominated by a few USA Companies, as it results in substance from statements to "EuroFora" by CoE's Director on Information Society and Crime, Jan Kleijssen and by the PanEuropean AudioVisual Observatory's (EAVObs') Executive Director, Wolfgang Closs, on the occasion of a landmark Conference organized at CoE's Headquarters in Strasbourg on the 20th Anniversary of EAVObs., during which many Top Experts focused on "Transparency" about "Media Concentration".

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While, a Decade ago, Radio-TV Broadcasters were the main actors concerned by Media Concentration, on the contrary, Today, "the means by which enterprises can Control the Media sector are increasingly subtle and attach to virtually All Stages of the Value chain", where "Market Power and Media Domination can be based (f.ex.) on a strong CopyRight portofolio, as much as on the control of Platforms and/or Transmission Networks", etc., while "Verticaly Integrated Businesses ... are able to build simultaneously on a rich .. AV Content, various Media Services, and priority Transmission arrangements, or can control such Infrastructures", and, "more recently, the issue of Dominance emerged also in relation to Manufacturers of Reception Devices", (TV sets, PCs and Tablets, SmartPhones, etc), observes a Special Edition of EAVObs' Legal Publication "IRIS" dedicated to the need for "Regulation" on "Converged Markets and Converged Power" able to "Shape Public Opinion", which was prepated and introduced by EAVObs' Legal services' Head Susanne Nikoltchev.
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      "Screen Digest"'s Chief Analyst, Ben Keen, from London, described how it has become Today much "easier to develop Dominance" by Internet Networks-interConnected Devices, Software and Works", (See relevant Photo),

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    while Bernd Malzanini, Director of KEK, the German Committee on Media Concentration, based at Potsdam, explained that his "Mission to ensure Pluralism of Opinions", mainly by "Transparency", and "prevent a predominant Dominance on Opinion-making, (f.ex. if a Company controls more than 25 % or 30% of a Media market),

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revealed, inter alia, a recent popular Trend, (particularly among Young People), to swift from the still remaining TV-predominance among various Medias used in average everyday, towards an Internet priority in the foreseeable Future, (according to some astonishing Graphics).

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    Nevertheless, efficient EU Rules against risks of Concentration in that New Media landscape are almost ...non-existent until now, denounced EU Law Professor Roberto Mastroianni, from Naples' University,

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while the Director of the Office of OSCE's Representative for Mass Media Freedom, Andrei Rikhter, after observing that "CoE doesn't cover only the EU, but rather a much more Wide area", despite a rather Critical presentation of Digital Media actors throughout all Europe up to Russia and other ex-CIS Countries, noted at least the active presence of "Yandex",  (which is "Independent" minded, as he later stressed to "EuroFora"), and other relevant, evolving Russian companies, (such as Kapirsky, Rambler, Kontakti, etc), that also other Experts found as a rare counter-weight vis a vis the otherwise uncontested Dominance mainly of a few North American Compagnies such as principally "Google",  "Apple" and "Microsoft", added to "Facebook", "Twitter", etc., and partly followed by South-Korean "Samsung", etc.

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    Such facts naturally incited certain participants, as f.ex. Marco Cole, Professor of Media Law from Luxembourg, to raise the obviously Topical Question about how EU Countries could protect themselves from eventual attempts to abuse a Dominant position in a Media-related Digital Market "by Non-European Players", as he characteristically pointed out.

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    A move which stirred a rather "hot", animated and interesting Debate among various participants to the CoE's Conference, until it was, suddenly, ... interrupted by an unprecedented Cut of Electric Power which threw all the Room into a spooky Black-out Darkness, never seen before at CoE's Headquarters in Strasbourg, similar to the recent (2012) New York's Manhattan black-out after the Hurricane "Sandy", (and reminding to "EuroFora" a rare experience of a similar Electric Power cut at UNO's N.Y. Headquarters back on 2005, which amused some US collegues ready to propose to their Media satirical Headlines of the kind :  - "U.N. Powerless ?!", etc)..

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    - "That might be a reaction from some "Non-European actors", immediately reacted, amused, the experienced EAVObs' Top Economic Expert, André Lange, who, nevertheless, observed, afterwards, smiling, that, sometimes, "Statistics might lie more than Lights"..

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    - At any case, "it's a fact that American influence on Audio-Visual Works has increased even further, recently in Europe", critically observed, later, André Lange, speaking to "EuroFora".


    => This obviously made more Topical the subsequent question about whether, when and how could be developed also some equivalent "European Players", particularly in the Digital AudioVisual Markets, for which "EuroFora" witnessed a rather vivid interest in several participants.

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 - Yes, Absolutely, Europe must develop today some real, big, efficient and innovative Players able to act on the Digital AV front Worldwide, f.ex. by grouping together some Companies able to provide Digital AV Content, Networks and Tools, clearly agreed with "EuroFora" the experienced long-time Director of the PanEuropean AudioVisual Observatory of the CoE, Wolfgang Closs from Norway, stressing, in this regard, that, after all, "the Digital AV World is (already) Global".


 - But, Today, I wanted to gather together here (at the CoE) the living Memory of all those who have been observing the EAVObs. since its creation (back on 1993), because that means that if they continue to observe you for 20 years, then, you really Exist", Closs joked, speaking to "EuroFora", whose co-Founder has, indeed, followed at least EAVO's main developments since 1993..
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 - Back in the 1980ies, when mainstream EU leaders, including f.ex. former French President François Mitterand, realized that "Culture is not just an ordinary Merchandise like all others", a cooperation between EU and CoE (headed then by Catherine Lalumiere : comp. some of her statements to "EuroFora") for the "creation of an European Audio-Visual Area", had resulted in the establishment of a 1st EU Directive on TV, of EURONEWS and of the PanEuropean Audio-Visual Observatory, reminded one of that Historic movement's actors, former Ambassador Bernad Miyet, President of Valarda Consulting, who was a Key-note Speaker at today's event. But now, on 2012, something must obviously be done in order to facilitate at least the creation of European Digital AV market Players, despite the current Financial problems, agreed later Ambassador Miyet (who has had an interesting experience also at California, US in the Past) with "EuroFora".
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 + By a Timely coincidence, this same Evening, German Chancellor Angie Merkel, (a well-known supporter of Innovation in Digital Technologies), after a landmark debate on EU's Future towards a closer Economic and Political Union, together with MEPs Groups' Presidents at EU Parliament in Brussels, where she stressed that "Europe must be an Innovative Continent" and "Invest in the Future",


is meeting in London the British Prime Minister David Cameron, who has recently stressed, at the latest EU Brussels' Summit (comp. "EuroFora"s NewsReports from the spot) that - "there is a Global Race taking place, and ...there is a danger of European countries and the EU falling behind. So ... what is absolutely vital is that we encourage enterprise, "and ... most importantly, we look at the greatest asset we've got, which is the Single Market, ...the single Biggest Market anywhere in the World, and we Complete that market", since, even in "its 20th Anniversary right now, ...it still isn't finished, in Digital, in Services", etc., "and that is the Agenda I'll be pushing very hard".

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CoE to adopt Rules for "Protection of Internet Users' Human Rights" in 2013

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The Conservative-Liberal Governing Coalition in the UK has already shown its interest on Internet-related issues during the recent Brittish rotating Presidency of the CoE, (November 2011- May 2012), which strongly supported a PanEuropean Strategy on main Principles for Guidance at the World Wide Web, at the aftermath of the 1st ever discussion on Internet Governance by the G8 Summit of Heads of State/Government under the Chairmanship of former French President Nicolas Sarkozy at Deauville, (Comp. "EuroFora"s relevant NewsReports both from the G8 Summit at Deauville and from the Brittish CoE Presidency in Strasbourg).


 => - "According to CoE's recently adopted "Internet Strategy", Strasbourg's PanEuropean Organization is currently working on a Pioneer Legal Recommendation for "the Protection of the Human Rights of Internet Users", which concerns "all Internet-related Platforms", and could be hopefully adopted by CoE's Committee of Ministers in the course of Next Year (2013), revealed to "EuroFora" the experienced CoE Director on Information Society and Crime, Jan Kleijssen from Austria (forthcoming 2013 CoE's rotating Chair),

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+ In parallel,  continues to evolve further also CoE's preparation of  a "Modernization" of its Historic "Data Protection" International Treaty, while EU also drafts its own Data Protection norms.


=> USA also (which already have a Special Status at the CoE, as well as Canada, Japan, etc) can and do follow CoE's relevant activities, while big American and other Companies are even more interested, and could,  f.ex. benefit from a kind of "Quality Mark" if they endorse CoE's Internet Users' Norms, Kleissjen agreed with "EuroFora".
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    But, since the Digital AV World has really become "Global", as EAVObs' Executive Director, Wolfgang Closs observed to "EuroFora" (comp. Supra), then, what about China ?


 - Pointing at a recent trend towards a "Convergence accross Industries in the Digital AV sector, "Cultural industry will further Integrate with other industries", such as "Manufacturing and Service industries", which  "will spur ...Development", particularly with "substantial progress ..in the Integration of Telecommunications Networks, Cable TV networks and the Internet", stressed mainstream "People's Daily" in a Strategic  text placed under the Heading "a Vision of Innovation", published at the eve of a crucial CPC Congress November 8-15, 2012.

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In this regard, "Digital industry will develop at Fast pace and ultimately become the Core of the Cultural sector", creating "a Digital Boom", CPD concludes.
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+ "China's cultural Innovation is heading towards a golden Decade of unprecedented prosperity, profits and pride", it hopes : "Over the next decade, China's cultural industry is geared to maintain high growth and ultimately grow from a new engine into a Pillar of the national economy., while also "Investment in the industry will gradually diversify as the share of private and foreign capital increases". "The industry will become more and more concentrated, with the emergence of a growing number of Flagship cultural Conglomerates, which take up a large percentage of China's domestic market. China's Cultural industry will see more than 100 public companies, which will be listed in both the domestic and Overseas capital markets".


- The recent development, and further prospects for the Chinese Web Search Engine "Baidu", (a regional competitor to USA's "Google"), apparently is one among various such concrete examples...


 - Indeed, "China is currently in the process of setting up its "Dragons"", (i.e. big and innovative enough Businesses, destinated to grow in a Global World), said earlier to "EuroFora" the experienced Diplomatic Advisor of French President Hollande, Paul-Jean Ortiz, (comp. "EuroFora"s relevant NewsReport from the sidelines of the latest, October 2012 EU Summit in Brussels).

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(../..)

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(NDLR : "DraftNews", as already sent earlier to "EuroFora"s Subscribers/Donors. A more accurate, full Final Version may be published asap.

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Recent developments proved that Europe can suceed to overcome challenges by aiming at great objectives, and this is needed also in 2009, said EU chairman, French President Nicolas Sarkozy.

    - "It's in the name of Great Ideas, Projects, Ambition and Ideals, that EU can overcome" challenges, stressed Sarkozy at EU Parliament in Strasbourg, in conclusion of a dense 7 months EU Chairmanship. "It's even easier for Europe to have Great projects, able to overcome national egoism, instead of limiting itself only to small projects" (unable to do alike), he observed.     

- "Europe must remain Ambitious and understand that the World needs her to take Decisions". "The World needs a Strong Europe", which "thinks on its own, has convictions, its own responses, its imagination" : "A Europe which does not limit itself into following" others, (as it did in the Past, when it followed USA, f.ex. on Bosnia). On the contrary, "Europe should undertake its own responsibilities", he said, after a series of succes in stopping the War between Russia and Georgia, and organizing the 1st EuroZone's Summit in Paris, which incited the Washington DC G-20 Summit to extend similar decisions World-wide.  


    - "When you sweep it all under the carpet, prepare yourself for hard tomorrows", he warned. "What hinders decisions is the lack of Courage and Will, the fading away of Ideals", he stressed before EU Parliament's 2008 debate on Human Rights and Sakharov prize on Freedom of thought attributed by MEPs to Chinese cyber-dissident Hu Jia, followed by an EU - Turkey meeting on Friday.

    - "I don't abandon my convictions" and "I will take initiatives" on EU level also in 2009, Sarkozy announced later. "France will not stop having convictions and taking initiatives" on Europe. + "It's an Error to wish to pass over the Heads of those who are elected in their Countries" : "It's an integrism I always fought against"', he warned.
---------------------
French EU Presidency faced 4 unexpected Crisis :

- An institutional crisis, with the Irish "No" to EU Lisbon Treaty, just before it started. A geopolitical crisis, wth the threat of War between Russia and Georgia risking to throw Europe back to Cold-war divisions, on August. A World-wide Financial and Economic crisis, arriving at a bad moment before crucial 2009 EU elections. And even a Strasbourg's mini-crisis, with EU Parliament's roof curiously falling down, from unknown reasons, in a brand new building on August, provoking an unprecedented transfert of the 2 September Plenary Sessions...

But it wasn't enough to stop Sarkozy ! On the contrary, it stimulated him...
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- "The better way to deal with the recent problems of EU institutions (as the "3 NO" by France, the Netherlands and Ireland) is to take them as a "Test" in order to find solutions closer to Citizens' concerns", said later in Strasbourg Sarkozy's new choice as Ministe for EU affairs, Bruno Le Maire.

- On the Institutional front, Sarkozy gave Time to the Irish to think about it, and stroke on December a deal including a New Referendum after the June 2009 EU Elections, in exchange of a promise to keep the rule of "one EU Commissioner for each EU Member Country", and some opt-outs on Defence and Fiscal EU policies, Abortion, etc. If the Irish get a "Yes" Majority, then the institutional package could be completed in 2010 or 2011 on the occasion of Croatia's probable EU accession.

He was accused in Strasbourg to upgrade EU Council and downgrade EU Commision, but he replied that "strong Political initiatives by EU Council reinforce also the more technical role of EU Commission, under the political-technical leadership of its President", all 3 "working together with EU Parliament".


- But, meanwhile, Sarkozy energetically spearheaded an Historic 1st Summit of EuroZone's 15 Heads of State and Government at EU's core, exceptionally enlarged to a partial participation of British Prime Minister Gordon Brown, on October 12 in Paris' Elysee palace, which started to tackle succesfully the growing world Financial crisis.

    It also paved the way for its endorsement by a subsequent Brussels' 27 EU Member States' gathering, before it all come to Washington's G-20 Summit. And "Europe was united, it asked for the 1st G-20 Summit, and it will also organise the next G-20 Summit on April in London", he observed.   

 But a Conference with EU, Russia, African and other Developing Countries, hosted in Strasbourg shortly after Washington G-20 Summit by the French EU Presidency, took a Resolution asking to enlarge participation to Global Economic Governance. Many found, indeed, illogic and unacceptable that f.ex. states as Turkey were given a seat at G-20 level, while all African Countries, and even the African Union itself, representing the greatest Continent on Earth, were excluded...


    Meanwhile, even USA''s "Paulson No 3" Plan, was, in fact, inspired by Europe's No 1 Plan", Sarkozy observed, largelly applauded by MEPs.

    And "Europe showed Solidarity" by mobilizing some 22 Billion credit for Hungary, 1,7 billion for Ukraine, as we do nowadays for Baltic States, etc., he added.

    The move on Economy was extended on December by an EU stimulus' plan totalling some 200 billion Euros, including 5 Billions released by EU Commission for big Projects, as well as various parallel National plans for Economic revival, (fex. 26 billions in France alone). They might appear limited, compared to USA President-elect Obama's reported plan to boost the American economy with 800 billion $, but at least succeded to overcome Europe's divisions for the first time on Economic governance, opening new horizons.

- The French President stressed even harder the unique role of an active EU Council's chairmanship, when he moved swiftly and efficiently, at the beginning of August, to succesfully stop War between Russia and Georgia, at the last minute, which threatened to bring Europe back to Cold War division.

"We (EU) also wanted to avoid a situation like in Bosnia, in the Past, when EU was absent, so that our American friends took their responsibilitues, and EU only followed", despite the fact that the conflict took place in Europe. Now, it was the EU who took its responsibilities".

A roadmap towards a new PanEuropean Security policy, before which all unilateral moves to place new Missiles (from USA or Russia) would be freezed, was proposed by Sarkozy after a meeting with Russian president Medvedev, at the eve of Washington DC's G-20 Summit.

Ukraine's "European" character was stressed at a Sarkozy - Jushenko Summit, September in Paris, while EU adopted on December an "Eastern policy", in which, "I'm convinced that our (EU's) future is to find with our Neighbours the conditions for Economic Development. Peace and Security, by explaining them that.. they must respect (Human Rights') Values, and adopt behaviors different from the Past", explained Sarkozy in Strasbourg.

Meanwhile, the "Union for the Mediterranean" was created, since July's Summit if 45 Heads of State and Government in Paris, as "an organisation for a permanent Dialogue, that we need", mainly in order to tackle the Israeli-Palestinian conflict, by bringing together, for the 1st time, Israelis and Arabs, where "Europe must be present, in order to avoid a frontal clash".

- "If Europe doesn't take its part for Peace in the Middle-East, nobody else will do that in our place", Sarkozy stressed.
-----------------------
    Meanwhile, other EU Agreements were brokered during the French EU Presidency on Immigration, (fex. common Asylum rules, etc), and Climat- Energy :

    - On Climat-Energy, the 2007 German EU Presidency had fixed a triple 20% aim for 2020 (20% renewable Energies, 20% reduction of CO2 emmission, 20% energy efficience/economies), and the 2008 French EU Presidecny realized that, making the necessary compromises in order to modernize EU's industry, but without throwing some former Central-Eastern European Countries into abrupt Economic break down risking "social explosion".

    - Defence-Security EU policy was mainly postponed for April 2009, since both German chancellor Merkel and French president Sarkozy want to strike a deal with the new American president Obama in Strasbourg's NATO Summit.

    However, with all these 4 unexpected Crisis diverting attention to other urgencies, People wil wonder now, what happened to the famous deal proposed by freshly-elected French President Sarkozy on Turkey's controversial EU bid, back on August 2007, to continue EU - Turkey negotiations, but on the double condition that core chapters, intrinsequally linked with EU Membership, will be excluded, and that a collective Reflexion and Debate on Europe's future would start before the end of 2008.

    It was meant to reply to the crucial question : What kind of Europe do we want in 10 or 20 Years from now : A large Market, or a Political Europe, with a popular identity ? In Sarkozy's thinking, presented in his 2 landmark speeches on Europe in Strasbourg, shortly before and after the 2007 Elections, (on February and July 2007), Turkey's controversial EU bid would be incompatible with the second choice.

    It's true that EU Commision's Chairman, Jose Barroso, (who had notoriously declared, as former Portuguese Prime Minister, that he found "nonsense" the idea that Europe might become equal to the US), had repeatedly tried to avoid that Sarkozy's criticism on Turkey might start winning a larger audience in Europe, preferring a discrete "wismens' committee" work. And that most of the personalities later chosen in order to participate in a Committee on Europe's Future, are too much linked with Socialist parties and/or American policies, to be really critical of USA's notorious wish to impose Turkey to the EU, as Sarkozy had noted himself since March 2007..

     - "It's on EU Council's presidency to take political initiatives. EU Commission has other competences", stressed Sarkozy. The "European Ideal" is to "build Europe with the States, not against them". "Ask Europeans to chose between their countries and Europe won't work. You don't choose between your two parents : We must add them together".

    "France and Germany have an Historic Duty to work together, precisely because of what happened to the Past. We have to work hand by hand. We cannot be separated.It goes beyond me and Mrs Merkel today, Mr Schroeder and Mr. Chirac yesterday. It's not a choice, it's a duty to Europe and to the World".  "We need Germany, as Germany needs Europe". Compromise is inevitable, here as everywhere, and each one made some steps towards eachother's positions.

    But "it's true that Mrs Merkel didn't chose her Socialist partners, while I chose mine", Sarkozy said, in an indirect hint that the Socialist Minister of Finance in Germany might be a cause of minor past disagreements in Economy, which were overcome in recent negotiations.

    "We (France and Germany) have particular duties in Europe", but "in a Europe of 27 Member States, it's not enough for France and Germany to agree between them.

    "I always thought that Great Britain has a special role to play in Europe. ... Now, everybody "saw what it cost payed the UK for having been too exclusively open towards the US (and) Financial services. Europe needs the UK, but also the UK needs Europe" :- "We were able to face the hardest moment of the Financial crisis because the UK clearly chose Europe", stressed Sarkozy, reminding Gordon Brown's exceptional participation to the Historic 1st Heads of State/Government Summit of EuroZone, October 12 in Paris (See EuroFora's Reportage from Elysee Palace then).

     - "Some look at Europe with old glasses aged 30 years ago. While we must look at her in relation to what it will be in 30 years" in the Future, Sarkozy concluded.

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