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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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 sarko_merkel_mieux

The official presentation of a "Program" respecting People's choices voted in the June 7, 2009 EU Elections, to be debated in EU Council and EU Parliament during its 1st Session on July in Strasbourg, is the No 1 Priority, according to Democratic principles, for the Franco-German axis, said the main winners at the ballot box, French President Nicolas Sarkozy and German Chancellor Angie Merkel.

They stressed  that the New EU Commission's President must have a "Program" in favor of an EU which "protects" its Citizens, regulates financial markets and aims at a "Political" Europe" : a wording they have used as incompatible with Turkey's controversial EU bid.

They also declared ready for a "political" endorsment of "Mr. Barroso's candidacy" in June's EU Council, considering that an official decision would have to be made after EU Parliament's debates and votes, possibly from next month (July), with the legally necessary final acceptance shortly after Lisbon Treaty's entry into force, hoped for September or October.


- "A Program, and Mr. Barroso" : This resumes, in substance, the anouncements made by Sarkozy and Merkel, on the question of current EU Commission's President, Barroso's declared wish to succeed to himself for a second mandate, to be extended during the following 5 years.

 In their 1st meeting after EU Elections, they observed that "the Franco-German axis counted in European Elections' campaign... But, we both keep a realistic view : We saw the number of those who abstained, and we must absolutely give them an answer. We also see the disilusionment of an important number of Europeans vis a vis Europe, and we are aware of the responsibilities we have".

sarko

 - The "Duty" of the new EU Commission's President, after June 7, 2009 EU Elections' result, "is to act for a Europe which protects the Europeans, to commit himself into working for a better Regulation of Financial transactions, ... and to have a Political will for Europe", underlined Sarkozy.

Therefore, "we have asked M. Barroso... to clarify, to officialy present the intentions he has", he anounced.

- "We want to speak also about the Programme", explained Merkel.

- "It's important that for the next EU Parliament's mandate (2009-2014) we take the right Decisions for Europe.  Obviously on Persons, but mainly Decisions on Issues", she stressed.

- "It's not simply a question of a Person, it's also a question of a Programme". We are "really asking Mr. Barroso to commit himself on a Program, and on Principles, on Values", Sarkozy added.

EU President-in-office, Czech Prime Minister Jan Fischer, accepted the Franco-German stance :

- "Barroso must present his Programme. The Czech Presidency agrees with that", Fischer reportedly said later, after meeting Sarkozy.

But Press reports from Brussels claimed that Barroso had preferred to be officially appointed by EU Council since June, (i.e. next week), "because this was implied by the current Treaty of Nice, according to him", and considered any delay until the possible ratification of the new, Lisbon Treaty on September/October, as "undemocratic".

- "At any case, independently of what Germany and France ask, it's also EU Parliament's wish". "We shall propose Mr Barroso's candidacy... But even in the framework of Nice Treaty, EU Parliament has to be associated in this Decision", the French President observed.

If this is correctly done, then "we support Mr. Barroso's candidature", and "if the (EU) Parliament agrees, we might ratify this decision since July", (i.e. next month), they both said.

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- "France and Germany support Baroso's candidacy, But we want to speak also on the Program. We believe that this Program should be established in close cooperation with EU Parliament, and that's why we have followed an appropriate way", said Merkel.  - If EU Parliament wants, this election can take place on July,  but this must be done in full agreement.

- "We shall support Mr. Barroso's candidacy, without doubt", said Sarkozy. "But we have asked from Mr. Barroso, as I told him yesterday, to put into detail.. his intentions, at the eve of his 2nd mandate, if the situation avails itself.


    France and Germany "don't want to take an Official Legal Decision by writting" during "the next (EU) Council" (on June 18-19), declared Sarkozy.  Because they prefer, at this stage, only "a Political decision" on June, "so that we (EU Council) can work together with EU Parliament", which starts to meet only Next Month, since July in Srasbourg, "leaving a Legal decision by writting for later".

    - "If the Conditions are fuillfiled in EU Parliament, we (EU Council) are ready to give the agreement and make it offficial", said Merkel

    - "But, now we are working in the base of Nice Treaty. If tommorow we want to work in the spirit of Lisbon Treaty, we have to find a proper way", she added.

    - "Of course it's Legally complicated, because we are going to make a Political proposal to the forthcoming Council, for an EU Commission's President, on the basis of Nice Treaty : So, we (EU Council) will not appoint the Commissioners. Only the President.  If EU Parliament agrees, it could endorse this position on July", explained Sarkozy.

    But, on Autumn, "if Ireland ratifies Lisbon Treaty, there will be, at any case, a 2nd Decision, to appoint the Commission's President, this time on the basis of Lisbon treaty, and then, we, the EU Member States, would have to appoint (also) the EU Commissioners", he added.

    As for the precise Timing :  - "Everything is suspended until the Irish vote... Now, we must all make everything possible to help Ireland to say "Yes"" to Lisbon Treaty... The Irish Referendum, ..will take place either on September or on October. It's a Question which depends on the Irish. And,  then, we shall have the Choice of the Candidates for the permanent Institutions of Europe".

    However, "if Ireland says No, we, French and Germans, have to assume our responsibilities, and we'll do so", he concluded.

    But British and Swedish governments were reportedly eager to have a final EU Council decision on Barroso since this month, on June's European Council. While the other EU Member Countries are divided, several of them preferring to wait until EU Parliament pronounces itself, on July, and/or until Lisbon Treaty might be ratified by Ireland at the beginning of the Autumn. Barroso's current mandate ends on November.

    There are also various, contradictory and/or unpredictable reactions inside EU Parliament vis a vis Barroso's wish to continue a 2nd mandate, because many MEPs are openly or secretly opposed, reluctant, or hesitating.

    In the biggest EU Countries, as France and Germany, EU Citizens voted on June 2009 EU Elections for a renovated, non-technocratic but Political Europe which cares for its Citizens, with an Identity, Values and Borders, declared incompatible with Turkey's controversial EU bid, by mainstream, pro-European Governing Parties. Similar choices were also supported in several other small or medium EU Countries.

    On the contrary, whenever, in other Countries, Governing and other mainstream Parties didn't make these choices or eluded them, EU Citizens massively voted for euro-Sceptics whenever they were the only ones to to promise anti-bureacratic change and oppose Turkey's demand to enter into the EU, (f.ex. in the UK, Netherlands, etc).

    It's seems to be an Open Question whether Sarkozy and Merkel's conditions will be really accepted by Barroso, who was appointed on 2004 in a different political context, (with Socialist Prime Ministers in Germany, France, etc), had rejected in the Past the idea of EU becoming "equal to the USA" as "ridiculous", and pushed for Turkey's contoversial EU bid, trying to "soften" or contain the changes desired by the People who voted for Merkel and Sarkozy with another policy vis a vis Turkey on 2005 in Germany and on 2007 in France, as they did all over Europe on 2009.

    In addition to many EPP Governments, it's 3 remaining Socialist Prime Ministers : Gordon Brown in the UK, Zapatero in Spain, and Socrates in Prortugal, who support Barroso, as well as Liberal Swedish Prime Minister Reinfeldt. But their Parties lost the June 2009 EU Elections.

    Questioned whether there was still "Time" for "other" possible "Candidates", Sarkozy and Merkel did not deny, nor made any comment on that, but simply said that "it's not for us to make publicity for any candidates. We anounced our choice ("A Program, and Mr. Barroso"). But we respect any other candidate".

    Among various other names cited are former Belgian Prime Minister Verhofstadt, former UNO's Human Rights Commissioner Mary Robinson of Ireland, Italian former EU Commission's vice-President Monti, etc. Meanwhile, Luxembourg's PM Juncker, (who had been unanimously accepted by EU Council for EU Commission's Presidency on 2004, but refused), announced his intention to resign from "EuroGroup"'s Chair. Thus, he might be available for another Top EU job.

    As "EuroFora"'s "opinion" said (See publication dated 9/6/09) : - "If the current candidates (i.e. Barroso, etc) to the Top EU jobs promise and guarantee to respect People's democratic choices, then, it's OK".

"Otherwise, Europe must find new candidates, really motivated and able to implement these democratic choices of the People."

    Because, "in Democracy, the forthcoming choices for EU's Top Jobs,...should be made according to EU Citizens' Votes in June 7, 2009 European Elections, and main EU Governments' strategic policies".
        

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