The post-Brexit licensing conundrum

The post-Brexit licensing conundrum

The post-Brexit licensing conundrum

​Volker Schmits of AIB member firm SCHMITSPARTNERS looks at the issues for broadcasters with UK or EU channel licences wanting to continue targeting audiences in the UK or EU Member States

In three months – at the end of the transition period on 31 December 2020 – Brexit will be in full effect and the UK will leave the European Union.

Whilst the UK government and the Commission are still working on the wording of a Trade Deal, the English position prevailing since the Chequers White Paper of July 2018 has ultimately been accepted by the EU: There will be no mutual recognition of broadcasting licences between the UK and EU countries after the end of this year.

What might be regarded as merely a matter for the national media regulators and their market supervision, can directly affect the relationship between channels and have an impact on the liability of network operator: (i) Any television channel that is actively doing business in the EU without a proper licence is likely to violate national unfair competition laws and thus could be challenged by a law abiding competitor. And (ii) most aggregators, platforms and channel distributors are contracting with duly licenced broadcasters only in order to minimize their liability for violations of third party rights in the programme.

Quite a number of major television stations have relocated from the UK to the EU continent during 2019 and 2020. Discovery, Viacom CBS, Sony Pictures, DAZN and others have found new regulatory home bases for their international channels – predominantly in the Netherlands, Spain, Czech Republic but also in Germany and on Malta.

For those OFCOM regulated channels that are still balancing the pros and cons, on 30 January 2020 the UK regulator published a document entitled Frequently asked questions on linear television services and video on demand services after Brexit.

To some extent, this document is proposing that OCFOM licenced broadcasters should rely on the European Convention on Transfrontier Television of May 1989 (“ECTT”) for their distribution into the EU in future.

We believe that this approach may result in legal difficulties for the respective channel:

  • There are certain countries in the EU that have not signed the ECTT, namely Denmark, Greece, Ireland, Luxembourg, the Netherlands and Sweden.
  • The ECTT does not have any enforcement or dispute resolution mechanisms built in.
  • Many aspects of the 21st century TV business are not addressed at all by the ECTT (on demand/non-linear services, cable and satellite collective music rights matters, catch-up) -leaving aside all provisions that needed to be implemented into the member state’s legislation under the EU Audiovisual Media Services Directive of 14 November 2018.

SCHMITSPARTNERS has assisted numerous international broadcasters to identify the best suitable EU jurisdiction and to acquire a television broadcasting licence (see also www.broadcastinglicence.com).

In light of this experience, we would argue that there are multiple solutions and many can be tailored to the current circumstances of the channel. An OFCOM regulated channel does not necessarily need to relocate entirely: even a third party aggregator or a cross-licensing concept could eventually serve the broadcaster’s purpose.

In any case, the remaining weeks in 2020 are still more than adequate to apply for and receive an EU licence by a national regulator.

For more details contact v.schmits@schmitsparters.com / T +35699333920​

UK high value TV show beats the pandemic

UK high value TV show beats the pandemic

UK high value TV show beats the pandemic

How do you make a high value show that gets a whole nation talking but has logistical challenges of having contestants from across the country in close proximity to each other, to crew and presenters?

That is the challenge that faced Love Productions, makes of the award-winning Great British Bakeoff [GBBO]. This staple of UK television for the past decade, that has the power to clear supermarkets out of ingredients within 24 hours of transmission, regularly attracts audiences of over six million people on the UK’s Channel 4. In an article for the Daily Telegraph, cookery expert and GBBO judge Prue Leith told the story behind this year’s unprecedented production. 

Prue Leith: What really went on inside the Bake Off bubble

Filming the new series of Bake Off was like living in a microcosm of the perfect society, writes the presenter

After months of lockdown, The Great British Bake Off came to life and I found myself in a bubble with 150 other people on the 115-acre Down Hall estate. Confined for seven weeks somewhere near Bishop’s Stortford. No hope of remission. Once you were in you couldn’t leave. If you had to leave, you’d not be allowed back.

It turned out to be one of the most remarkable periods of my long life. But to enter the bubble wasn’t easy. We were all quarantined for nine days beforehand and had to take two Covid-19 tests. My husband had to isolate and be tested too (“gagging orders” he called them) just to drive me there. His car was locked and unused for the nine days, then we drove – no stopping – straight to location.

On arrival I had another Covid test, was issued with masks and sanitiser; then confined to my room until given the all-clear 24 hours later. There were notices everywhere – Keep Your Distance, Wash Your Hands, Sanitise Before Touching Your Glass, One at a Time in the Lift, If You Love Me Don’t Hug Me.

It’s true that most telly people were desperate to be back at work, but it is still remarkable that almost all the long-established Bake Off team signed up to the quarantining and abandoned home and hearth for seven weeks. Everyone has partners or children (in my case grandchildren) to miss. Twenty of the hotel staff and two gardeners had to join the rest of us in the bubble. And the 12 bakers had to leave home, family, friends and their familiar kitchens.

Like a posh boarding school

Down Hall, a spa hotel, usually has a staff of 150. Now they were down to 20, looking after 130 of us, and their elegant rooms were plastered with safety instructions and notices: Crew Lounge, Production Office, Baker’s Dining Room, Talent Lounge”. The spa was closed, and we queued for meals. It felt a bit like a posh boarding school.

The famous tent was on a grassy expanse with a sloping field below, and beyond that woods and a stream. Two hundred yards away was the tent where Paul Hollywood and I discuss the pitfalls of each technical challenge. It’s known as Perfect, Perfect because we chat and drool over the model example of the bake-to-be. Between the two tents were four cute shepherd’s huts for Paul, Matt Lucas (our new judge), Noel Fielding and me, complete with desk, bed and comfy chair. Perfect for a cosy lie-down between takes.

Dotted about were more tents: 12 well-equipped kitchens for the bakers to practise in; tented offices; stores; laundry; green rooms; medical centre; guard room at the gate; cleaning station for sanitising incoming deliveries.

A dozen golf buggies belted along between the tents, moving people or kit, or running errands. Sometimes it felt like a small town, with all the citizens diligently working in the same factory.

Medics were everywhere, checking everyone’s temperature. Security guards patrolled, cleaners cleaned. Covid didn’t stand a chance. It must have been the safest place in England.

I’d never have thought 150 people could be locked up together for nearly seven weeks without a quarrel. Who could imagine we’d get every episode filmed to schedule, that we’d get through without anyone testing positive for Covid, with our location – and indeed the fact that we were filming at all – kept secret until almost the very end.

TV history in the making

Success was largely down to months of meticulous planning. This time, absolutely everyone involved in the show, from wardrobe to electricians, gardeners and chaperones (two of the bakers brought children with them) had to be given bed and board. I do think we made television history. Few people thought it would be possible to make a complicated 10-episode show in lockdown, but Channel 4 and Love Productions were determined, feeling Bake Off would be solace to the nation.

The unspoken fear throughout was that one of us would prove Covid-positive and all that effort would be for naught as the show was abandoned.

The more talked about, but less terrifying danger was that Noel Fielding’s girlfriend, Birdy, would have their new baby early. Then Noel would have to quit, leaving Matt to host the show alone. The pregnant Birdy, with two-year old Dali, was in the bubble with us, but the production company put her – and us all – at ease, going to extraordinary lengths to make sure we would be safe and comfortable. And to have a jolly time on days off: there was football, cricket, rounders, croquet, lots of ping pong, and an ongoing tennis

One balmy evening everyone turned out to play or watch a game of rounders. Sitting on the grass, glass in hand, cheering on the Oldies thrashing the Yoof felt pretty good. Sadly, the young reversed this at the return match a fortnight later.

On sunny days off, the lawns would be dotted with people lounging about on beanbags, reading, playing board games or just dozing in the sun.

In the evenings there were movies on a big screen (beanbags on the floor), and one night we all played bingo, with Matt calling the numbers and Noel winning first prize of a tower of Pot Noodles.  Matt was an instant success with everyone. He has that winning combination of wit and kindness that makes everyone love him. One of the producers, Lucy, put a dozen colleagues through twice-weekly gruelling HIIT classes and another, Becka, ran yoga sessions. There’s something about the holiday camp atmosphere that makes you want to join in, so I ran two flower-arranging workshops.

After a while, restrictions were eased a bit and spouses could join us – provided they went through the nine days of quarantine again. John brought our Cavalier spaniels, Tattie and Teasle, whereupon my daily walk through the woods became compulsory. Two badly trained spaniels and a lot of rabbits is a recipe for disaster. Rabbit poo is their favourite treat and rabbit chasing their favourite sport. Tattie broke two leads.

Bake-Off make-up and wardrobe wagons have always been a gossip centre, with jokes and impromptu singing, and this year, on days off, there might have been the occasional Negroni.

Pre-Covid, I never realised working full-time, keeping house and catching up with friends, family and emails was at all stressful. That was just my life, and I was happy with it. But I had no idea what stress-free really is. I know now. It’s being in a lockdown bubble with a crowd of really nice people, with meals provided, grounds to get lost in, entertainment laid on, working with a bunch of cheerful, can-do, non-complaining colleagues committed to getting the nation’s favourite show on the road, then time off lying on a beanbag in the sun, reading those books that have been piling up by my bedside for years, walking the dogs and FaceTiming my beloved to hear that he really, really misses me.

For some families the tensions of lockdown might accelerate relations into disaster, but many couples, I think, have woken up to how much they love each other, how glorious nature is, how precious time doing what you want to do is. And if you can have the luck we had, to do our work in a bubble, what could be better? The lockdown Bake Off has, I think, turned some long-time acquaintances and work colleagues into friends, and allowed us all to be proper people, not trying to be cool and indifferent. We became what we are at heart – caring, concerned, even loving.

Our bubble became a microcosm of the perfect society with no need to lock a door, with everyone doing their job with energy and commitment, and everyone appreciating the value of others. And I’m sure that, as well as the bakers’ efforts, will be plain to see as the series goes on.

Image: Mark Bourdillon/C4/Love Productions

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UN releases podcast with Julia Roberts

UN releases podcast with Julia Roberts

UN releases podcast with Julia Roberts

Project Everyone has released a podcast looking at the world in 2020 on behalf of the United Nations and the Sustainable Development Goals.

Hosted by Julia Roberts and created by the United Nations on its 75th Anniversary, Nations United tells the story of the world as it is, as it was, and as it could be.

It features unique contributions from education advocate Malala Yousafzai, UN Goodwill Ambassadors Don Cheadle and Michelle Yeoh, UNESCO Special Envoy for Peace, Forest Whitaker, actor and women’s rights activist Thandie Newton OBE, UN Secretary-General António Guterres and UN Deputy Secretary-General Amina Mohammed.

Alongside that there are exclusive performances from Burna Boy, and a UN performance from Beyoncé.

The podcast is available for use by broadcasters anywhere in the world, not only for digital platform release but for use in linear broadcasting, too.

http://podfollow.com/nations-united-urgent-solutions-for-urgent-times

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WHO collaborates with other UN agencies on pandemic disinformation

WHO collaborates with other UN agencies on pandemic disinformation

WHO collaborates with other UN agencies on pandemic disinformation

​Managing the COVID-19 infodemic: Promoting healthy behaviours and mitigating the harm from misinformation and disinformation

Joint statement by WHO, UN, UNICEF, UNDP, UNESCO, UNAIDS, ITU, UN Global Pulse, and IFRC

The Coronavirus disease (COVID-19) is the first pandemic in history in which technology and social media are being used on a massive scale to keep people safe, informed, productive and connected. At the same time, the technology we rely on to keep connected and informed is enabling and amplifying an infodemic that continues to undermine the global response and jeopardizes measures to control the pandemic.

An infodemic is an overabundance of information, both online and offline. It includes deliberate attempts to disseminate wrong information to undermine the public health response and advance alternative agendas of groups or individuals. Mis- and disinformation can be harmful to people’s physical and mental health; increase stigmatization; threaten precious health gains; and lead to poor observance of public health measures, thus reducing their effectiveness and endangering countries’ ability to stop the pandemic.

Misinformation costs lives. Without the appropriate trust and correct information, diagnostic tests go unused, immunization campaigns (or campaigns to promote effective vaccines) will not meet their targets, and the virus will continue to thrive.

Furthermore, disinformation is polarizing public debate on topics related to COVID-19; amplifying hate speech; heightening the risk of conflict, violence and human rights violations; and threatening long-terms prospects for advancing democracy, human rights and social cohesion.

In this context, the UN Secretary- General launched the United Nations Communications Response initiative to combat the spread of mis- and disinformation in April 2020. The UN also issued a Guidance Note on Addressing and Countering COVID-19 related Hate Speech (11 May 2020).

At the World Health Assembly in May 2020, WHO Member States passed Resolution WHA73.1 on the COVID-19 response. The Resolution recognizes that managing the infodemic is a critical part of controlling the COVID-19 pandemic: it calls on Member States to provide reliable COVID-19 content, take measures to counter mis- and disinformation and leverage digital technologies across the response. The Resolution also calls on international organizations to address mis- and disinformation in the digital sphere, work to prevent harmful cyber activities undermining the health response and support the provision of science-based data to the public.

The UN system and civil society organizations are using their collective expertise and knowledge to respond to the infodemic. At the same time, as the pandemic continues to create uncertainty and anxiety, there is an urgent need for stronger action to manage the infodemic, and for a coordinated approach among states, multi-lateral organizations, civil society and all other actors who have a clear role and responsibility in combatting mis- and disinformation.

We call on Member States to develop and implement action plans to manage the infodemic by promoting the timely dissemination of accurate information, based on science and evidence, to all communities, and in particular high-risk groups; and preventing the spread, and combating, mis- and disinformation while respecting freedom of expression.

We urge Member States to engage and listen to their communities as they develop their national action plans, and to empower communities to develop solutions and resilience against mis- and disinformation.

We further call on all other stakeholders – including  the media and social media platforms through which mis- and disinformation are disseminated, researchers and technologists who can design and build effective strategies and tools to respond to the infodemic, civil society leaders and influencers – to collaborate with the UN system, with Member States and with each other, and to further strengthen their actions to disseminate accurate information and prevent the spread of  mis- and disinformation.

Image: United States Mission Geneva / CC BY 2.0

F24 launches Running for the White House

F24 launches Running for the White House

F24 launches Running for the White House

On November 3rd 2020, American citizens will elect their new President. The country is currently dealing with racial and social tensions, environmental issues as well all the challenges brought forth by coronavirus, which has already killed more than 200,000 Americans. This election is crucial to determine the future of the United States and it will shape the country’s trajectory for the next four years.  

Will Donald Trump be reelected for a second term, or can Joe Biden win the election?   

In “Running for the White House”, every Friday from September 25 2020 at 1600 GMT (1800 Paris time), France 24’s four channels and their correspondents analyse the images in the US that caught the world’s attention, the controversies on the campaign trail and help viewers better understand the stakes behind every move by the President and his challenger. 

In the first episode, hosted by France 24’s special correspondent in Washington Kethevane Gorjestani:  

  • Picture of the week: 20,000 American flags planted in front of the Washington Monument, 1 for every 10 Americans who have died of Covid-19.  
  • Latest controversy: The death of Justice Ruth Bader Ginsburg triggered a fierce political battle on whether a vacant Supreme Court seat should be filled during an election year. 
  • Campaign focus: The Trump campaign went all in on Pennsylvania, with 2 rallies in the state this week. The Keystone state and its 20 electoral votes are shaping up to be the single most important race in this election, with data analysis giving the winner of the state a 90% chance of winning the presidency. 
  • What’s next: Donald Trump and Joe Biden will face off in Cleveland, Ohio on Tuesday, September 29th for the first of three presidential debates. 
Shortlist for the AIBs 2020 published

Shortlist for the AIBs 2020 published

Shortlist for the AIBs 2020 published

Journalism and factual programmes from 18 countries shortlisted in the AIBs 2020

Work from 49 broadcasters and production companies selected to be judged by international panel of experts in 21 countries

London | 24 September 2020

The Association for International Broadcasting has announced the shortlist for its annual competition that celebrates journalism and factual productions on television, radio and digital platforms. Each year since 2005, the work of journalists and producers around the world has been recognised in this global competition and in 2020, the AIBs have attracted as wide a range of entries as ever.

“We thought long and hard about whether it was appropriate to hold our 16th annual competition in 2020,” says Simon Spanswick, AIB chief executive. “The conclusion we reached, and one that is shared by the international broadcasting and production community, is that it’s even more important that the work of those bringing the most important stories into our homes, to our radios or to our mobile devices is recognised this year. Understandably, there were many submissions focusing on coronavirus. But many other subjects were covered as well, demonstrating the outstanding range of work that is produced every day to keep the public informed wherever they are in the world.”

The stories entered in this year’s AIBs are diverse, from coverage of the Australian bush fires to the celebration of Beethoven’s ninth symphony, corruption in Africa’s university system to the Hong Kong pro-democracy demonstrations, talk shows in Syrian refugee camps to the real price of your cup of coffee.

There are 20 categories in the AIBs 2020, including:

TV and video categories

  • Arts and culture
  • Human interest
  • Natural world
  • Science and technology
  • Domestic affairs documentary
  • International affairs documentary
  • Investigative documentary
  • Politics and business
  • Short documentary
  • Single news report
  • Continuing news reporting

Radio and audio categories

  • Arts and culture
  • Human interest
  • Investigative documentary
  • News reporting
  • Factual podcast

Specialist categories

  • Channel of the year
  • News agency of the year
  • Young journalist
  • Impact

“We are honoured that so many broadcasters and production companies have chosen to showcase their output in the AIBs in this difficult year,” continues Simon Spanswick.  “Our judges now have the extremely hard job of selecting which of the shortlisted work is the very best in each category and my colleagues and I wish the judging panel good luck as they evaluate the entries. Of course, I also wish all the nominees the very best of luck in this final stage of the competition.”

The results of the AIBs 2020 will be announced in a two-part programme that will be released on 13  and 16  November. The Association for International Broadcasting is currently working with event partner Al Jazeera Media Network to devise our virtual awards show that will maintain the depth and breadth of our traditional live event, and that showcases all the shortlisted entries. As usual, the absolute secrecy that surrounds who has won will be maintained until the special awards programme is released.

“Like everyone, the AIBs have had to adapt to cope with the very different environment we find ourselves in,” says Simon Spanswick. “We fervently hope that in 2021, we will return to our time-honoured live event that draws together the international media industry for an evening of celebration. Until then, we’re working to deliver the very best virtual awards for all our entrants and observers.”

The complete shortlist is available online at https://theaibs.tv/AIBs-2020/shortlist-2020/AIBs-Shortlist-2020-3.pdf and a copy appears from page 4 of this release. Highlights of the AIBs 2019 can be seen at https://vimeo.com/383583268/c425f5b9fe.