The future of electronic commerce in the internal market and the implementation of the Directive on Electronic commerce (2000/31/EC)

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The Association of Commercial Television represents the interests of 29 private broadcasters with services covering 34 European countries present on all distribution platforms (terrestrial cable, satellite, online).

Our members are diversifying their offers and in particular as consumer demand evolves, they are distributing their content on an increasing number of platforms including online and increasingly on demand.

In responding to the Commission questionnaire, we would like to underline three main points:

• The “country of origin” principle is crucial for media companies to be able to operate efficiently – continuing our current services and launching new innovative ones;
  
• The principle of “territoriality” of copyright, as recognised in the EU and international acquis, is an important tool for rightsholders or commercial users who acquire these rights to monetise the content adequately and create an offer with a value-added for consumers which will distinguish them on the market;
  
• The issue of liability of ISPs and intermediaries/hosts: considering the contradictory nature of the decisions taken by national courts, the ACT would encourage the Commission to provide guidance in order to increase legal certainty on the limitations on liability provided for under the e-commerce directive but only in so far as intermediaries who offer services consisting of hosting are concerned.
  ISPs have a role in helping copyright owners fight online piracy. Member States should facilitate cooperation between ISPs and content providers on the issue of piracy, For example, in order to ensure a level playing field, national governments could consider obligations on all ISPs to notify customers of alleged copyright infringement.