FERA contributes to European Commission call for evidence on 2018 Geo-blocking Regulation

10 March 2025

As part of its ongoing evaluation of the Geo-blocking Regulation, the European Commission has launched a call for evidence to gather stakeholders’ insights on its effectiveness, relevance, and impact. Audiovisual services are currently rightfully excluded from the scope of the Geo-blocking Regulation (Recital 8 of Regulation (EU) 2018/302).

This initiative is part of a broader consultation process aimed at assessing whether the current framework sufficiently addresses cross-border barriers in the digital single market. This call for evidence will therefore be followed by a public consultation in the second quarter of 2025.

FERA actively participated in this process, see contribution below.

THE IMPORTANCE OF TERRITORIAL EXCLUSIVITY IN THE EUROPEAN FILM AND AUDIOVISUAL SECTOR

Geo-blocking technology is essential for maintaining territorial exclusivity in the licensing of cinematographic and audiovisual works.

Key Reports on Territorial Exclusivity:

— European Audiovisual Observatory https://rm.coe.int/iris-plus-2023-02en/1680abd676 ;
— European Parliament’s Research Service “Implementation of the 2018 Geo-blocking Regulation in the digital single market”

Data from the European Audiovisual Observatory confirms that European audiences benefit from growing access to film and TV content, an expansion supported by the EU Portability Regulation and EU TV & Radio Programmes Directive.

THE RISKS OF A GEO-BLOCKING BAN

Banning geo-blocking for audiovisual content would seriously threaten the creative and economic sustainability of the European film and audiovisual sector by:

— Undermining the financing, distribution, and investment recoupment for European films and audiovisual works across the value chain ;

— Reducing the number and diversity of productions, leading to a decline in linguistic variety of European audiovisual works ;

— Severely limiting distribution and circulation across the EU, benefiting global players at the expense of European companies ;

— Harming European audiences with fewer content choices, restricted access options, and higher prices.

Economic impact assessments include: Oxera Study ; Oliver & Ohlbaum Report.

WHY IT MATTERS TO EUROPEAN FILMMAKERS

As former FERA President Agnieszka Holland stated at a related event in 2024:
“Without territorial exclusivity, there would be less coproduction. Without coproduction, film auteurs from smaller European countries would not have a voice.”.

FERA continues to advocate, alongside the wider audiovisual sector, for the continued exclusion of audiovisual services from Regulation (EU) 2018/302 banning unjustified geo-blocking.

At stake are European filmmakers’ artistic freedom and Europe’s rich cultural and linguistic diversity.

To go further

Joint statement, Vote for Culture in the European Parliament INI Report on the EU Geo-blocking Regulation https://screendirectors.eu/joint-statement-on-the-amendments-of-the-geo-blocking-regulation/