Does France go too far in what it can ask for from broadcast platforms, mainly foreign? In any case, the European Commission has expressed certain reservations about the new rules that France wants to impose on players in flow The video with a decree before the summer, she says, received by analysts from NPA Conseil. This decree, known as SMAD (for “audiovisual media services on demand”), should define the ways in which international giants can contribute to flow Like Netflix, Amazon, or Disney + to French audiovisual and film productions.
At the heart of intense negotiations for months, it stems from the transmission of the European AVMS Directive which established the principle of investment obligations to foreign platforms, in the same way as it applies to national platforms (such as OCS, Mycanal, Salto …). If the commission does not impose a deadline for the government to review its version where it has the possibility, it questions the minimum French production quota it wants to enforce on the platforms (80% for video-on-demand services, 85% for demanding subscription services). These prices are ” It has the potential to create advantages for production companies established in France (and) that are much higher than those considered proportionate under case-law », The committee writes in its opinion of 19 March.
The commission, which did not respond to requests from Agence France-Presse, also wonders about including quotas for European producers’ businesses controlled by non-European groups: on this point it agrees with a note made by the US giant Netflix. Finally, it is concerned that the European business contribution threshold could increase (20% of revenue in France or 25% if the platform shows films that have been released in theaters during the year) in some cases. ” The foundations of the decree are questioned or questioned in relation to it
Basic principles of European law », Is Philip Bailey, of NPA Conseil.
According to this expert, France is fishing in The benchmark pushed the law much moreOnly other member states, for example have a maximum contribution rate which, according to him, does not exceed 5% of revenue elsewhere in Europe. After receiving at the end of March Positive opinion from the French Audiovisual Gendarmerie, the Canadian Space Agency, The decree must now obtain approval from the State Council.