The panel discussion "Europe and Broadcasters: Challenges and Opportunities", organised by the Association of Commercial Television and Video on Demand Services in Europe (ACT) during the tenth edition of NEM Dubrovnik, focused on the impact of European regulations on the broadcasting and video-on-demand (VoD) industry. The goal was to examine Europe's role in shaping the broadcasting landscape, analyse existing regulations, assess their effects, and identify future opportunities and challenges. Industry experts from a number of different European countries participated, representing a diverse range of broadcasters and media service providers.

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Grégoire Polad, the general director of ACT, emphasised the importance of studying the influence of European regulations on the broadcasting and VoD sector. While broadcasters and VoD services strive to cater to their shareholders' interests, the role of government and regulatory bodies cannot be ignored. Polad highlighted the need to analyse the impact of regulations on advertising, intellectual property enforcement, and competitive trends related to video-sharing platforms and social networks.

The panel discussion began in earnest with each participant introducing their company and discussing the significance of regulations for their businesses. Paweł Kosiacki, legal and compliance director at Polsat Media, one of the largest sales houses in the Polish market, highlighted the impact of regulations like the Audiovisual Media Services Directive (AVMSD) on advertising and product placement. Nuno Oliveira, senior legal manager at NOS, a telecom conglomerate in Portugal, expressed concerns about content protection and related challenges. Tonko Weissmann, executive vice-president at RTL Croatia, discussed the challenges faced by broadcasters, including issues such as “master offer regimes” (which “essentially kill the rights of broadcasters to freely negotiate distribution via their channels by introducing a predefined fee”) and obligations towards independent producers, and emphasised the need to balance traditional and new media in terms of regulations.

The panel discussion then delved into the challenges and opportunities faced by broadcasters in the last five years. The implementation of the AVMSD and the Corporate Directive were discussed as significant milestones. Weissmann highlighted the particularities of the local market and the obstacles faced during the transposition of European regulations into local legislation in Croatia. He cited examples of issues such as the introduction of the aforementioned master offer regimes and quotas for independent producers, which had unintended consequences and undermined the existing ecosystem involving broadcasters and producers. Kosiacki expressed the view that European regulations often come too late and fail to address the growing dominance of new media platforms, which are not subject to the same level of regulation as traditional broadcasters. He emphasised the importance of having fair rules for all players in the market, ensuring a level playing field and promoting competition.

The discussion then shifted towards the future, exploring emerging regulations and their potential impact on the industry. The panellists highlighted the need for a balanced approach that considers the interests of both traditional broadcasters and new media platforms. They emphasised the importance of self-regulation within the industry to address issues such as harmful content, data privacy and fair competition. Oliveira stressed the importance of finding common ground and fostering collaboration between broadcasters and new media platforms. He suggested that cooperation could lead to the development of effective self-regulatory mechanisms that would protect consumers while ensuring a vibrant and competitive media landscape.

Weissmann shared his optimism about the opportunities presented by new technologies and platforms. He mentioned the growing popularity of over-the-top (OTT) services, and the need for broadcasters to adapt and innovate in response. He stressed the importance of leveraging digital platforms to reach wider audiences and explore new revenue streams. Kosiacki discussed the potential impact of emerging technologies, such as artificial intelligence (AI) and targeted advertising. While recognising the benefits these technologies can bring to broadcasters and advertisers, he emphasised the need for responsible and transparent practices to protect user privacy and maintain trust.

The panellists acknowledged the role of the European institutions in shaping the regulatory landscape. They underlined the importance of dialogue between regulators, broadcasters and other stakeholders to ensure that regulations are effective, balanced and adaptable to the ever-evolving media environment.

In conclusion, the panel discussion shed light on the challenges and opportunities faced by broadcasters in Europe. It highlighted the need for a fair and level playing field for all players, the importance of self-regulation, and the potential for collaboration between traditional broadcasters and new media platforms. The panellists emphasised the importance of striking a balance between regulation and innovation in order to foster a dynamic and competitive broadcasting industry in Europe.