FOREIGN APPROACH TO COPYRIGHT INFRINGEMENT BY CHILDREN

The situation of copyright infringement by children abroad is very similar to the Czech Republic. A significant portion of the public here is not aware of the benefits that the protection of copyright and related rights brings to culture and the economy. Ironically, piracy is thus often regarded as acceptable behaviour on the grounds that if it is widespread, it cannot be illegal. And this parents’ misconception is unfortunately being adopted by their children.

Different countries have taken different approaches to the fight against illegal sharing of copyright works. But there is one thing they agree on. Education is essential for children and young people. This is the only way to raise a new generation that is well aware of the harm caused by pirate downloading and sharing, that is willing to comply with the law, and that will pass these attitudes on to their children. How do different countries approach the education of children and young people?

 

Greece

In 2014, the Hellenic Copyright Organisation (HCO) developed an educational programme for schools in cooperation with a working group of educators. In the same year, HCO organised a series of seminars to promote the programme, targeting both the regional officials in charge of the schools and the teachers who can select and implement the educational programme in their classrooms.

Greek Copyright School

In 2015, HCO received a grant from the EUIPO to launch the “Greek Copyright School” programme, comprising five core activities:

  • Printing of information materials and their distribution to teachers and pupils.
  • Organisation and delivery of training courses and seminars in many Greek cities.
  • Development and design of websites categorised for individual target segments (primary school pupils, secondary school students, teachers, and parents).
  • Development of electronic educational games.
  • Creation of a short, animated film on the importance of protecting copyright and related rights.

 

The Greek Copyright School was an inspiration for other countries

The implementation of the “Greek Copyright School” was a great success not only in terms of the quality of the materials produced but also in terms of the warm response that teachers and students expressed during and after their personal participation in the programme. The programme has also received accolades abroad. It has been presented as a model in its field four times at EUIPO meetings and forums and once at a one-day conference organised by the World Intellectual Property Organisation (WIPO).

 

Copyrightschool.gr portal

The copyrightschool.gr website is divided into four sections according to the target segments for which the information is intended

  • primary school pupils
  • secondary school students
  • teachers
  • parents.

In the media library, all games, videos, infographics, guides, posters, FAQs, presentations, and other useful information are available in aggregate, regardless of the target segment. The news page provides an overview of the latest and planned events.

The sections for pupils, students, and teachers have an identical structure and their content always corresponds to the age of the users. The section for parents is in text form and aims to answer parents’ common questions on copyright and how to communicate this information to their children. Thanks to comic strips, quizzes, crosswords, games, and other interactive elements, the website is pleasant and lively and can effectively reach the target audience. A great example is an educational game based on the redesign of an octopus.

enjoylegal.gr portal

The enjoy legal portal was also initiated by the HCO. It aims to inform the Greek public about online platforms that legally offer copyrighted content. In other words, HCO collects and provides users with online platforms where they can legally watch or download movies, series, and sports events, listen to or download music, read online or download books, and access images and video games. The enjoy legal portal is a member of the agorateka network.

The agorateka portal was launched by the European Union Intellectual Property Office (EUIPO). It is a gateway to national portals providing quick and easy access to legal content offers – music, films and TV shows, e-books, video games, or sporting events. Currently, 24 countries participate in the agorateka project, comprising 107 platforms with links to more than 3,400 sites offering legal copyrighted content. In the Czech Republic, the project has been joined by portals such as FILMTORO, Pro-music Czech Republic and SROC Czech Republic.

 

Great Britain

Similar to the Czech Republic, stakeholders in England address the problem of cybercrime mainly through information portals.

Internet Matters

Internet Matters is a small non-profit organisation with a wide reach. It brings together a number of talented individuals who are committed to keeping children safe online and strive to help parents, caregivers, and educators stay up to date on the latest research and trends in digital safety.

The organisation has developed and operates a comprehensive portal offering guides and resources on safe internet. Advice is divided by age (0-5 years, 6-10 years, 11-13 years, 14+ years) as children’s online behaviour differs at different ages. And the risks to which different age groups are predominantly exposed also vary.

In addition to piracy, the organisation focuses on a range of other issues such as online hate, sexting, online grooming, fake news, screen time, inappropriate content, cyberbullying, online reputation, online pornography, self-harm, radicalisation, privacy, and identity theft.

In the section on piracy, there are statistics, risk descriptions, videos with parents’ opinions, children’s opinions to understand children’s perspectives and perceptions of the issue, links to articles related to the topic, “guides” focused on specific sub-issues (illegal downloads, viruses, etc.), safety tips and advice for parents on how to ensure safe access to content for their children and recommended additional sources of information.

The Industry Trust

Another organisation involved in addressing illegal downloading in the UK is The Industry Trust. This UK film, TV, and video consumer education organisation promotes the value of copyright and creativity. It aims to tackle the persistent problem of copyright infringement of films and TV programmes by inspiring viewers to appreciate great film moments and choose to watch films, TV programmes, and videos from legal sources.

It currently has more than 40 members, including distributors, cinemas, and online and offline retailers.

In collaboration with the film education charity Into Film, the organisation has developed educational material for teachers and pupils. This educational material is designed for pupils aged 7-14. It aims to highlight how to stay safe when accessing film and TV content online, while also introducing them to different types of malware and their effects, including webcam hacking, personal data leaks, and online blackmail. It calls on young people, parents, educators, social workers, law enforcement bodies, businesses, public officials, and the wider public to work together to create a better internet.

 

Germany      

In Germany, the state media office Mediaanstalt NRW has developed an internet awareness PDF for parents. The rather comprehensive material covers various topics on child protection on the internet and is a practical and useful guide for parents of children of different ages.

Another work focusing on the topic of a safe internet is the publication Nicht alles, was geht, ist auch erlaubt. This booklet, which could be translated into English as Not everything that is possible is also allowed, provides internet users with the most important information on copyright and personality rights and the associated liability risks. In 2015, the brochure was expanded to include the topic of liability for illegal downloading by minors.

Verbrauchszentrale

Parents who are concerned about the penalties resulting from illegal downloading of content by their children are being targeted by the Verbrauchszentrale – the Federal Consumer Association. This organisation offers parents guidance in the form of best practice.

An essential piece of information for parents who are concerned about liability for their children’s illegal downloading on the internet is that they need to inform their children about the legal situation regarding copyright.

Parents in Germany who want to avoid liability must be able to prove in the event of a lawsuit that they have sufficiently informed their children about the prohibition on downloading and distributing copyrighted material. This means that they should note the date of such a conversation with the children as well as the content discussed. During a conversation about copyright infringement, parents should discuss all the dangers, prohibitions, and legal conditions in a child-friendly way and establish appropriate rules of conduct.

However, the website also states that, depending on the developmental maturity of the child, such a discussion makes sense from the age of 12 at the latest, while in theory both parents and children can be held responsible at a younger age.

 

Conclusion

All EU countries face the same problem of a lack of awareness of copyright and illegal downloading and sharing of content. Each country approaches the problem in its own way and focuses on different areas for solutions. The Greek model, with its Greek Copyright School, shows the importance of creating a structured and attractive educational programme including printed materials, seminars, and interactive online tools, and combining different forms and approaches to make education effective and fun for all ages. Britain can inspire with its emphasis on collaboration with non-profit organisations and the use of multimedia resources. The German model, with its emphasis on parental responsibility and prevention through informed conversations, may in turn encourage other countries to develop specific information campaigns for parents.

It is therefore extremely important for countries to inspire each other and share best practices. It is also important to exchange experiences and materials that can be adapted to the specific needs of each country. The use of effective elements from individual countries and the integration of best practices from abroad can also help establish an effective, sustainable educational programme in the Czech Republic, which will contribute to reducing the level of copyright infringement among children and young people.

SOURCES FOR WATCHING MOVIES AND TV SHOWS ONLINE LEGALLY AND FOR FREE

Gone are the days when people used to plan their time according to when their favourite movies or TV shows were on. Today’s hit is online viewing. There are many streaming services to choose from, with a huge range of films and TV series even in Czech, but they have one thing in common: they are paid. If we wanted to watch content without paying anything, do we even have any legal options?

Why legal? There are two main reasons. The first is ethical. It costs something to make a film, and if it’s a commercial project, it’s not fair to deprive the creators of income. The second is less altruistic – safety. Illegal platforms are at best on the edge of the law, often beyond the edge, and are at risk of malware attacks. So what options do we have if we limit ourselves to our Czech pond?

TV stations

Television stations that we can tune into on regular broadcasts offer access to live streaming over the internet. In addition, we can access at least some of the content in the archive of varying lengths for free. These are typically the creation of the station in question, so they are not restricted by licensing conditions.

TV Nova

TV Nova offers access to live broadcasts only for logged-in users. However, the account is free. However, while watching, you may occasionally encounter a message about a missing internet broadcast permission. In addition to the live stream, you can also watch recordings of Nova shows such as Survivor or On the Hunt. You’ll need a paid Voyo account for ad-free viewing and access to episodes that haven’t aired yet.

Voyo; Source: svetandroida.cz

Voyo costs 159 CZK per month, but offers a 7-day trial period. So if you happen to want to enjoy watching to the fullest and a week would be enough, there is this option.

Prima

Prima TV is not lagging behind the competition. The offer includes the possibility to watch both live broadcasts and shows from the archive. Both are subject to logging in. A free account will allow you to watch the live broadcast and the archive, both with commercials. Prima has an interesting subscription plan, where you can choose between a plan with half the amount of advertising or a more expensive one with no ads at all. In addition to this, they still vary in picture quality, from the free account in SD, through HD to FullHD.

prima+; Source: svetandroida.cz

iVysílání Czech Television

This is a big project of Czech Television. We can find a really large number of all possible genres to watch here. The shows are clearly divided into main categories, where we can find movies, series, documentaries, news… and each of them is further divided by genre (comedy, family, drama…). We can find here mainly shows produced by Czech Television, including real treasures in the form of films for memoirs, but not only those.

There are also foreign films, series and documentaries, but you should not delay watching them for too long, because they have a limited time for which they can be played. For some shows, we see a warning about the end of availability, or in the worst case, a message that the show cannot be played for licensing reasons.

Source: iVysílání

In addition to programmes from the archive, iVysílání allows you to watch live broadcasts of all Czech Television programmes.

Seznam TV

Seznam TV is a full-format television. It offers its own programmes, which it supplements with Czech and foreign content. There are films, series, cartoons, documentaries and news. Shows are broadcast by programme, but you can use the web environment to go back in time or if you watch Seznam TV on a regular device, you can use the HbbTV app (red button).

Zdroj: svetandroida.czStream.cz

Although, like Seznam TV, it is operated by Seznam, there are fundamental differences. While Seznam TV is more or less a mainstream broadcaster, Stream.cz specialises in original content created for an internet audience. Here you can find original Czech series, films, documentaries and other formats not normally available on broadcast TV.

Source: svetandroida.cz

YouTube

There is a wealth of content available on YouTube. Type in a relevant search phrase such as “free documentaries” and you’ll get a wide range of playlists. However, I have not been able to verify whether the videos are actually on YouTube legally (put there by the rights owners or at least agreed to by them) or whether they remain available according to the saying “where there is no prosecutor, there is no judge”. That is also why we do not provide any specific link. YouTube as such is available for free, but you cannot avoid advertisements. You can, however, purchase YouTube Premium, where, in addition to removing ads, you get YouTube Music and the app lets you play videos with the screen off. This is handy for music or podcasts.

Operators

All the big operators also offer TV packages and sometimes offer promotions. When it comes to long-term TV viewing, T-Mobile offers free Magenta TV in the basic version with its voice packages with unlimited data. You get 26 channels that you can watch on one device. You can activate Magenta TV in the My T-Mobile app as follows:

Magenta TV; Source: svetandroida.cz

After ordering, you will receive a username and password that you enter into the app. This is a really basic application, plus you get an error message when you try to access the archive.

O2 offers basic TV Blue with fixed internet, not a mobile tariff. Similar to T-Mobile, you get login credentials, you can share these between multiple devices, but only one will run at a time.

As you can see, the options are there, but you only ever get a limited range for free. The exception to this is Czech Television’s iBroadcast, but we actually pay for that with licence fees. Which service you choose, or whether you prefer one of the paid options, is up to you. But as always, we’d love it if you’d share your experiences in the comments.

Do you watch free movies or prefer paid services?

Source: svetandroida.cz

EU ELECTION COVERAGE KICKS OFF CHANGES AT TN LIVE

The news portal TN Live will become TV Nova’s main channel for broadcasting ahead of the European Parliament elections. At the same time, the portal itself will shift in content and come up with new programming.

The key pillar of the Nova Group’s pre-election coverage of the European Parliament elections will be the main debates on the TN Live web portal. They will take place on 17 May, 24 May, 31 May and 6 June. Each episode will be followed by articles on TN.cz and a report in Televizní noviny. They will be hosted by Martin Čermák and Háta Sassmannová, who is TV Nova’s permanent correspondent to the European Union. The debates will take place in the main building of TV Nova, will be broadcast live from 15:00 and will last 60 minutes.

“We will be inviting parties, movements or coalitions that average at least 3% of the vote in the electoral projections to the election coverage. We have informed the political parties and the public in advance about this key for the selection of guests. We are as transparent as possible,” says Kamil Houska, director of TV Nova’s newsroom.

Nova invites candidates to the debates based on surveys from Kantar, STEM, Stem/Mark, CVVM, Median, Ipsos and Data Collect published from 7 December 2023 to 30 April 2024.

At the same time, the TN Live portal will undergo a content transformation after three years of operation. Since May, the daily programme “Napřímo” has been included in the daily frequency, and the lifestyle magazine “Talk!” is also appearing more frequently. In June, the World Beyond Borders programme will be expanded and other new features on TN Live are expected to be added in the second half of the year.

We spoke to Kamil Houska, director of news at TV Nova, about the European Parliament elections and the plans for TN Live.

The TN Live website will be TV Nova’s main channel this year for broadcasting the debates leading up to the European Parliament elections, which fall on 7 and 8 June. The debates will not be part of TV Nova’s linear broadcast. Why?

It is because the European elections are different from the House of Commons elections or the presidential elections. From a TV point of view, what is interesting about the parliamentary elections is the clash of several party presidents. In the case of the euro elections, however, the attention is fragmented because there are no party presidents on the candidates’ lists, and then there are the candidates for European Commissioners. We have therefore decided to split the pre-election debates into a larger number of debates and to allow the parties to field a different candidate each time.

Nova has already published a key for inviting candidates to the debates. Is the one you will use for the European elections different from other election events?

We have had a mechanism in place for several years and we still follow it. We draw on several surveys from the major polling agencies each time and average all the published results of each party over a pre-determined period. On the basis of these, we calculate an average value that indicates whether or not they will cross the threshold for election. According to this key, we then invite representatives to the debates.

However, we also know that the situation on the political scene is changing and that several entities are hovering around the 2-3% threshold. Even sociologists admit that a few entities may approach the electability threshold. That is why we have decided that, in addition to the debates to which we are inviting representatives according to the clear key that I have described, we will also open up topics in Television Newspapers to which we will also record the views of the candidates of these smaller parties.

Given that you will be bringing the debates to the webcast, have you considered inviting representatives of all the parties to the debates? This is precisely to avoid possible criticism that participation in the debates is open only to certain entities…

It will never be possible to satisfy everyone, and we must set a limit, because we cannot invite everyone. Someone will always feel aggrieved that they did not get to participate in the debate. We publish our rules clearly and in the long term and do not change them. We go by a clear key and, unfortunately, there is no other parameter than the averages of opinion polls. Yes, we can also stick to the results of the last election, but that is, in my opinion, an even worse option, because in one election period the mood of society can vary quite a lot.

We are going by a clear key and, unfortunately, there is no other parameter than polling averages.

So the backbone of the Euro election coverage will be four debates spread over four weeks of an hour’s duration without a super-debate…

Yes. In addition, we will also include the highlights of each debate in the TV news. The superdebate makes sense in parliamentary or presidential elections because in these cases the roles of the debaters are clearly understood. In the case of the European elections, it differs in that someone is a candidate, someone is the leader of a candidate list, and someone is running for Commissioner. The European elections are the most difficult for us to explain to people that they are about them. Half of the people do not know or do not realise what the EU brings to them. The ambition of full-screen commercial television is to explain to people in a concise and clear way the basic things that are decided in Brussels.

To broadcast the election results, you are preparing the Our Europe programme, which will start on Monday 10 June instead of Breakfast five minutes before 6:00 and will last about three hours. This is a different style of presenting the results than in the parliamentary or presidential elections.

The Euro elections are atypical in that they wait until the last polling stations have closed. This is an advantage and a disadvantage at the same time – the disadvantage is that you cannot continuously count the results and report on how everyone is doing. The advantage, on the other hand, is that by the time we can report, the results for the Czech Republic will have been counted and we can tell the audience the result straight away. For this reason, there is no point in preparing an extraordinary continuous broadcast on Saturday, because we could just say that the elections are over. The results will be known on the night of Sunday to Monday, so we will offer a special three-hour broadcast on Monday morning to analyse them.

You are not planning a special magazine dedicated to the European elections in the linear TV Nova broadcast?

We have considered it, but we think it would be better to use our existing programmes and spread the topics evenly. They will appear in the programmes Televizní noviny, Střepiny or Za pět minut 12áct.

How important are the European elections for Nova in terms of news priorities? Is their importance growing?

It depends on your point of view. It is no secret that voters are not that interested in the Euro elections. But it is an important election for journalists and broadcasters because we want people to understand that by participating in the elections they can influence the running of the European Union. We often hear that people complain about the European Union, but if they can express their opinion in the elections, they will stay at home. That is why we want to focus on elections. We want to explain to the audience that many things are no longer decided at national level, but are decided at European level.

The European elections are the most difficult for us to explain to people that they concern them.

The debates on the occasion of the European Parliament elections are now one of the most visible projects of TN Live. But alongside that, you’re also expanding the coverage of some of your existing weekday shows – specifically, Straight Talk and Talk. What do you hope to get out of this?

We intend to modify the functioning of the TN Live portal. We see that traffic to the site is high when there are major events that can attract tens to hundreds of thousands of people. However, when nothing extraordinary happens, traffic logically drops. It turns out that programmes that are clearly defined work well, so that the audience knows what to associate with such a programme. Because in this case they often search for it retrospectively and do not necessarily watch it live. That’s the case with the show Straight – it has eight to 10 thousand viewers live and tens of thousands more watching it in the next 48 hours in additional viewing. The implication is that TN Live can work in a “podcast” way, so to speak, in the time not devoted to live coverage of important events. Therefore, we decided to create a plethora of shows exclusively for TN Live on a daily basis. Each show will have a regular place in the schedule. The show Straight will focus on 20-30 minute interviews with politicians every weekday. The Talk show is showbiz oriented. But we are also preparing other programmes. We also want to expand the distribution of content to other platforms and not just keep it on the TN Live website. (TN Live is also available on the HbbTV app and Voyo, ed.)

What other shows are you preparing for TN Live?

In addition to the aforementioned Straight and Talk shows, we are planning daily sports shows where we will focus on a different sport every day. The Nova Group holds a number of broadcasting rights to sports programmes, and we want to take advantage of this. We are also planning programmes on a weekly basis, for example a programme focusing on literature or also programmes targeting certain groups. For example, topics related to the police, the army or the fire brigade are quite varied and are of interest to a large group.

We want to expand the distribution of content to other platforms and not just keep it on the TN Live website. So we will involve YouTube and podcast platforms in the distribution.

A new feature of TV Nova’s journalistic programmes this year was the programme Na vaší strane, but after a month of broadcasting it has moved from Saturday evenings to Mondays at 22:30. What do you think of the change in airtime?

It turned out that the Thursday slot is more convenient than the weekend one. The show highlights injustices and for this reason the weekend time has not worked well for us, as viewers seem to have a harder time accepting shows that are less relaxing on the weekend. The move has helped and we are pleased with the results of the show. We are also getting a large number of tips each week from viewers on topics we can open up on the show. And we’re proud that we’ve already been able to help several people actually solve their difficult problems. That the show isn’t just about highlighting the problem, about warning other people, but that it can actually help those particular people.

We’ve had a similar experience of shifting to a different time slot with Weekend. We used to air Weekend on Tuesdays, and because it didn’t work as much at that time, we moved it to Weekend Breakfast, and last May we brought it back as a stand-alone show on Monday nights at 10:30. In this new time, it’s doing great numbers, with a share in excess of 23% and working better than before. But it’s also true that we’ve changed its programming, producer and it has new editors.

Source: mediaguru.cz

AKTV HAS ENTERED INTO COOPERATION AGREEMENT WITH FASTSHARE.CLOUD

At the end of last year, the Association of Commercial Television (AKTV), together with TV Nova and FTV Prima, concluded an agreement with the operators of the Fastshare.cloud service, Inside Invest, and its former operator, Fusion Media. The agreement sets out the terms of an out-of-court settlement. The operators of Fastshare.cloud will ensure that no copyrighted works of AKTV members appear on their service, and once these conditions are met, the commercial TV broadcasters will end the court and enforcement proceedings. The agreement also includes payment of the costs of legal representation of TV Nova and FTV Prima in related litigation.

Commercial TV broadcasters who are members of the Association of Commercial Television have succeeded in reaching another agreement aimed at greater protection of their content in the online environment. The commercial broadcasters’ legal action against the operators of the Fastshare.cloud repository resulted in an out-of-court settlement agreement in November 2023.

The subject of the agreement is Fastshare.cloud’s commitment to take technical measures to ensure that the works of the Nova and Prima TV groups are not available on and cannot be uploaded to the service as required by the Copyright Act with effect from 5 January 2023. The list of protected works is continuously updated to take account of new titles or new series episodes. In addition, the former operator of Fastshare.cloud reimbursed the commercial broadcasters for the legal and court costs they incurred in protecting the copyright in Fastshare.cloud. In accordance with the agreement, the broadcasters subsequently terminated the legal and enforcement proceedings against the former and current operators of Fastshare.cloud.

“After a six-month trial period, we can now see that our requirements as a copyright holder are not excessive and can be met without any problems, just as the operators of Fastshare.cloud do. At the moment, there is a minimum of our content on the service and if we find our works that the filtering has not yet detected, we communicate promptly and gradually improve the filtering together,”

says Klára Brachtlová, President of the Association of Commercial Television.

“Internet piracy remains a clear priority for us. We are therefore still ready to negotiate with other internet storage operators and jointly set up conditions and technical measures to prevent illegal sharing of our content,”

adds Brachtlová.

In addition to active legal protection of copyright, the Association of Commercial Television has long focused on educational activities. As part of these activities, it operates an information website on copyright, which is available at aktv.cz/copyright. Interested parties will find here a glossary explaining terms on the topic of intellectual property protection, answers to frequently asked questions (FAQs), and regular news on internet piracy. There is also an up-to-date series of articles on the new study Online Copyright Infringement in the European Union, published by the European Union Intellectual Property Office (EUIPO).

COMMERCIAL TV STATIONS PROPOSE MORE RESTRICTIONS ON SPONSORSHIP AND ADVERTISING ON ČT

Sponsorship of only longer programmes, limited number and length of sponsorship messages, limitations on product placement and advertising on ČT sport, and zero advertising online are some of the ideas of commercial broadcasters about changes in the placement of commercial messages on Česká televize (Czech Television, ČT).

Pavel Kubina, a long-time media lawyer, is a member of the Board of Directors of the Association of Commercial Television (AKTV), which brings together the most important domestic commercial television stations. He has moved from the position of Director of the Legal Department of FTV Prima to the position of Director for Media Law Issues as of February 2024. He focuses on legislation related to television broadcasting, media content and the advertising market and also deals with the issues of copyright, personality protection, anti-piracy, and artificial intelligence.

Much has been happening in the field of media legislation in recent months. We therefore talked to Pavel Kubina about the upcoming amendments to the Czech Television Act and the Radio and Television Fees Act, the upcoming new amendments to the Audiovisual Act and the new European media regulation EMFA. We also touched on how the big commercial TV groups are progressing in the fight against pirated content.

Probably the biggest current legislative topic is the preparation of the so-called major media amendment, which includes changes to the Czech Television Act, the Czech Radio Act and the Radio and TV Fees Act. After the Ministry of Culture submitted a proposal last year to increase the TV fee by CZK 25 to CZK 160 and the radio fee by CZK 10 to CZK 55 and to extend the basis for collecting the TV fee to mobile phone and computer owners, the entire commercial media market responded with rejection. Based on this reaction, working groups were established in which both public service and private media were represented. However, whether they agreed on anything and what the revised draft of the major media amendment might look like is not known at the moment.

Since the beginning of January, working groups have been meeting at the Ministry of Culture to discuss possible proposals for amendments to the Czech Television Act, the Czech Radio Act and the Radio and TV Fees Act. However, it is unclear at this point how the preparations are progressing. Has there been any consensus within the groups?

At the moment, we have been informed that a solution will be created based on minimalist amendments to the Czech Television Act and the Czech Radio Act and a memorandum where the tasks of the public service are to be described in more detail. We had the impression that the draft wording of the amendments to the two Acts would result from the discussions within the working groups but a separate dialogue between the Ministry of Culture and Czech Television and coalition negotiations were going on in parallel. We will see what the outcome will be.

Earlier statements by representatives of the commercial market and information leaked out regarding the preparation of the new draft version of the laws showed that the commercial market had brought its proposal for changes to the amendments to the laws. Can you mention any specific proposals that you think the amendments should contain?

Yes, we have provided the Ministry of Culture with our proposals. Our premise is that we want to preserve the dual system, i.e. the coexistence of the public service broadcaster and private broadcasters, to ensure media pluralism. However, in order to set up the dual system correctly, we consider it crucial to define the public service as precisely as possible. In our view, it is important that someone on behalf of the state articulates what is considered to be the public service. European law requires the definition of a public service to be as precise as possible to determine what a public service is and what is not. It is entirely up to the Member State to determine what it wants and does not want as a public service. The definition of public service should certainly not be as all-encompassing and flexible as it is now, the state should not be passive and public service broadcasters should not de facto define their role themselves.

Is defining the role of the public service primarily a task for the Ministry of Culture in your opinion? Or who should define it for the state?

We believe that this is primarily the responsibility of the Ministry of Culture. Someone has to formulate the state demand. That is the core. Unfortunately, in our country, it started the other way round: it was said what the fees should be but it was not specified what the public service was. The debate on the definition of a public service has never been completed. That is why we are not saying that the proposed amount of increase or extension of the fee is correct because we still do not know what a public service is. The requirement for a precise definition of the rules on public service aid is also justified by the protection of competition and the position of the commercial media in that competition. The current Czech Television Act describes public service only vaguely. It uses examples to list the main tasks, which means that there are some other tasks but it is not clear which ones. There are terms such as multimedia services, additional services… It is hard to imagine what all these terms actually mean.

How should this be treated in legislation? By extending the existing definition in the Czech Television Act or by adopting a special document or charter Minister of Culture Baxa talked about?

The definition of public service should certainly be legally binding. We think that the most basic definition should be in the law. It would be good to provide further clarification in a document that we refer to as the Binding Public Service Rules. We have the idea that these rules would be updated every five years and that they would be approved in a way similar to the Czech Television Code, i.e. in the Parliament. There should also be a procedure in the law for approving new or substantially changing the existing services. This follows from European law. We propose that the services should be approved by an institution other than Czech Television – for example, the Council for Radio and Television Broadcasting (RRTV) or the Czech Television Council. The institution would assess the adequacy of costs, the impact of such a service on the media market and a number of other things.

The definition of public service should certainly not be as all-encompassing and flexible as it is now, the state should not be passive and public service broadcasters should not de facto define their role themselves.

So what do you think is the key to maintaining the dual system? The specification of the public service?

We see as a priority the refinement of the definition and tasks of the public service, the introduction of binding rules for the performance of the public service and the introduction of a process for the approval of new services. Until this is in place, fees should not be addressed. We know that the Ministry of Culture is working more with the idea of a memorandum that the public service broadcaster would draft, then negotiate with the Council of the Czech Television or the Council of the Czech Radio and then the Minister of Culture would sign it. We feel that the approach to the process of developing the memorandum is rather unfortunate because there is no space for the state to actively articulate its demand. If the conclusion is that there is a memorandum that is adopted in this way, we would certainly want the fee increase to be conditional on the memorandum having already been concluded, and on the commercial media having an institutionalised opportunity to participate in negotiations on its content.

Advertising limits for commercial and public service broadcasters are an essential part of the dual system setup. Commercial broadcasters are allowed higher limits for the placement of advertising and other commercial messages. Czech Television is also allowed to include a certain volume of commercial messages, albeit much lower. Do you call for higher limits on commercial messages or do you have an idea of a completely ad-free Czech Television?

We see sponsorship as the main problem because it has developed into a form on ČT that, in our opinion, the legislator did not intend. Sponsorship on ČT is largely interchangeable with advertising for sponsors and viewers, and although it complies with the current legislation, its form obliterates the original idea of limiting the scope of ČT’s commercial activities. The legislator intended to introduce lower limits on commercial communications for public service media than for private TV. We therefore propose that ČT should only be allowed to sponsor longer programmes, of 30 minutes or more, with a maximum of two sponsors and a sponsorship message of no more than 5 seconds. As far as advertising is concerned, i.e. classic spots, we believe that the ČT sport programme should operate in the same regime as other ČT programmes; advertising could thus be included only if its placement is a condition for obtaining broadcasting rights to a given sports competition. We believe that product placement should also be reduced. It could remain for sports programmes, but for others we see no reason to do so. There should be no online advertising – neither on the internet nor in on-demand services. However, we acknowledge that it would be necessary to retain online sponsorship of production that took place within a TV show.

Sponsorship on ČT is largely interchangeable with advertising for sponsors and viewers, and although it complies with the current legislation, its form obliterates the original idea of limiting the scope of ČT’s commercial activities.

Given the time lag, there is growing uncertainty as to whether the amendments will make it through the Chamber of Deputies in time to enter into force in 2025. What are your ideas about the timing of the next steps?

As commercial broadcasters, we need legal certainty, which we don’t have now. We want to get the amendments sorted out as quickly as possible, but until there is a more precise specification of what constitutes public service broadcasting, the preparations cannot move forward. Otherwise, we agree that it would be good to get the amendment through as quickly as possible. This means that the revised texts of the amendments should be submitted to the government by the summer so that they can begin to be debated in the Chamber of Deputies.

Discussions were also held on the form of the amendment to the Audiovisual Act. According to the July 2023 agreement, the fees for the Czech Film Fund or Audiovisual Fund are to be increased to 2% for all audiovisual market participants, including video-on-demand services. How has the drafting of the amendment progressed?

The level of the fee was just one of the topics, a number of other topics were debated, and not everything was reflected in the proposal that has already gone to the government. We hope that our comments will be included in the text, at least in the form of amendments.

What are the specific requirements?

The draft amendment retains the supplement to the TV advertising revenue fee, which amounts to 2% of the annual advertising revenue. It ensures that the Fund collects at least CZK 150 million from TV stations. However, in our opinion, in times of media convergence and changes in viewing behaviour, this surcharge of up to CZK 150 million is no longer justified.

Furthermore, we do not consider it good that on-demand services that are funded only by advertising are also subject to the on-demand service charge. This is because they compete with on-demand content-sharing platforms, which are not subject to the fee. This puts Czech operators at a disadvantage. We also believe that specialised on-demand services, such as sports, music or news and journalism, should not be subject to the fee.

In our opinion, the proposal should have been refined so that one service could not be charged twice.

We also find it problematic that the proposal significantly favours independent producers when it comes to TV production. It is good that the range of supported formats has been extended to include small-screen formats. However, the proposal is designed in such a way that only independent producers can apply for the incentive and they still have to prove a share of the rights corresponding to the support drawn. Sometimes, however, these companies are in the position of being just producers, and the creative part is up to the television. Or the TV station finances the creative part. So the law effectively extorts the wealth of one type of market entity at the expense of another. In our view, contractual freedom should work in this respect.

In our opinion, the proposal should have been refined so that one service could not be charged twice.

The European Parliament has recently approved the European Media Freedom Act (EMFA), which will be incorporated into national legislation in the coming months. What is your assessment of the text of the EMFA?

As representatives of the commercial market, we are in favour of the lowest possible regulation. We do not see the EMFA as indispensable. On the other hand, there are some positive elements. These include the guarantee of non-interference by politicians in editorial activities. The EMFA also introduces a new European Board for Media Services to oversee the implementation of the legislation. The question is who will represent the Czech Republic in this body and which authority will have which competences. We will have to wait for a decision.

The EMFA also relates to the ability of media operators to resist the deletion of content by major internet platforms. How much weight do you attach to this regulation and what can it realistically cause?

It is good that such a procedure exists. The important thing will be who is to be the media service operator that can use such a procedure. We do not want state, and certainly not private, lists of good and bad media to decide which media deserve protection.

AKTV has long been supporting the protection of copyright on the internet. Several recent court decisions, as well as the adoption of the European Digital Services Act, give hope for more effective action against pirated content. Do you see the situation changing?

Previous legislation already had the potential to solve the problem, but legislation alone is never enough and there must be a workable decision-making mechanism. Moreover, in the case of pirated content, it is important that decisions are taken quickly. The fact that the DSA was adopted had no immediate impact on our cases.

We were successful at court several times in the past, and as a consequence, we have entered into a number of agreements with platform operators to put in place anti-piracy measures that have so far proved effective. But unfortunately, there are still some platforms that keep applying piracy practices and are fighting back by dragging out the court proceedings. Unfortunately, the courts do not always understand the true nature of the pirate platforms’ business, which is competitive with the media or legal services. Sometimes this leads to results such that we have success in litigation but it comes so late that it does not matter anymore.

In our view, in the first round, the pirated content should be made unavailable on the relevant platform at the request of the rights holder, and if this is not done, the entire service should be made unavailable in an administrative procedure.

What measures would help speed up the effective prevention of the dissemination of pirated content?

We have found the unfair competition route to be more viable and much more understandable to the courts than copyright law. What is effective is the issuance of a preliminary injunction. Possible non-compliance leads to fines, the amount of which may be significant for these platforms, at which point they become interested in settling the situation.

But it is time for a radical cut because the level of internet piracy in the Czech Republic is still high compared to developed European countries. It is not only investors, authors or artists who are losing money due to piracy but also the Czech Film Fund and the National Film Archive.

We believe that these matters should be decided in an administrative procedure with fixed time limits for decision-making. In our view, in the first round, the pirated content should be made unavailable on the relevant platform at the request of the rights holder, and if this is not done, the entire service should be made unavailable in an administrative procedure. It is very important that the protection is also applicable for the future, e.g. for future episodes of an ongoing series.

Such an administrative process exists in Greece, and we consider it to be quite transferable to the Czech legal environment. A similar administrative process also exists in Italy. We are convinced that such a solution is cheap and can bring a lot of money to the state and the institutions mentioned.

It would be appropriate to include such a provision in the amendment to the Audiovisual Act or to the forthcoming Digital Economy Act.

 

Pavel Kubina is the Director of Media Law Issues at FTV Prima and since February 2024, a member of the Board of Directors of the Association of Commercial Television (AKTV). He has been working in media law since 2001 when he joined the management of the Legal Department of FTV Prima. Since February 2024, he has been appointed Director of Media Law Issues.

Source: mediaguru.cz

THE STRONGEST GROUP IN APRIL WAS NOVA, IT ALSO HAD THE HIGHEST GROWTH

The Nova TV group posted the highest year-on-year growth in the TV market in April and also achieved the highest share.

The group with the highest share of the TV market this April was Nova. It achieved the highest shares not only in the universal 15+ audience group in daytime broadcasting, but also in the other crucial 15-54 and 18-69 audience categories in daytime and prime time broadcasting. This is according to official ATO-Nielsen audience measurement data.

The Nova Group also notched up the highest year-on-year increases in both all-day and prime-time in April. Česká televize finished second in the 15+ (all day) group, just ahead of third-placed Prima. However, CT’s share decreased the most year-on-year of the six TV groups. In prime time, the share of Prima and Česká televize was the same in the 15+ group, while in the 15-54 and 18-69 audience categories Prima had a very slightly higher share in prime time than CT.

Among the other TV groups, Atmedia’s representation continued to grow to 6.88% (18-69), thanks in part to the addition of Warner TV to its portfolio, which recorded a share of 0.5% in April. In contrast, the Barrandov group continued to decline.

Share of TV groups (%), full day, April 2024

Source: ATO-Nielsen, Live TV+TS0-3 as of 6 May 2024, prime-time = 19:00-23:00

Share of TV groups (%), prime-time, April 2024

Source: ATO-Nielsen, Live TV+TS0-3 as of 6 May 2024, prime-time = 19:00-23:00

Of the individual stations, Prima Krimi (+0.76 pp., valid for 15+, all day) and Prima Love (+0.61 pp.) posted the highest year-on-year increases in April, followed by Nova Gold (+0.53 pp.) and Nova Action (+0.37 pp.).

The most-watched TV programmes in April were Shadows in the Fog (CT1, 1.34m 15+ viewers), Specialists (Nova, 1.29m) and Televizni noviny (Nova, most-watched edition, 1.2m).

Source: mediaguru.cz

TWO MEN CONVICTED OF SELLING ILLEGAL STREAMING SERVICES

Two men who operated a business that sold unlicensed subscriptions to pay-TV sports channels have been given a 20-month suspended prison sentence.

Benjamin Yates and Lewis Finch, both from Worcester, were convicted of offences under the Copyright Designs and Patents Act 1988 and the Proceeds of Crime Act 2002.

The prosecution followed an investigation by Worcestershire County Council’s Trading Standards team with the Federation Against Copyright Theft (FACT) and BT Sport.

Test purchases by FACT and BT led to the case being referred to Trading Standards and entry warrants being executed at both their addresses.

An examination of IT equipment seized during the investigation confirmed that both men had been heavily involved in the provision of IPTV services with approximately 3,971 subscribers.

Further investigations of their PayPal accounts showed that payments of over £320,000 had been received over three years.

“This court result underscores the value of our collaboration with Worcestershire County Council’s Trading Standards team and our broadcast partners,” said Kieron Sharp, CEO FACT. “The individuals behind this illicit streaming service made a considerable amount of money through their fraudulent activities and this outcome serves as a stern warning to those who sell subscriptions or devices that provide access to content without properly compensating the rightful owners.”

Sharp said the organisation would continue to work with law enforcement and broadcast partner BT Sport, now TNT Sports, to combat illegal streaming services.

Source: broadbandtvnews.com

THE MAN LET PEOPLE DOWNLOAD MOVIES. HE FACES UP TO EIGHT YEARS IN PRISON

A 35-year-old man from region of Pardubice suspected by police of downloading 1 408 films and making them available for free distribution faces up to eight years in prison. He is said to have caused nearly CZK 60 million in damages to copyright owners.

According to the police, the man downloaded films from a data file repository, which he then made available for further download to people so they could obtain copies of them. “They could not only watch them repeatedly, but also dispose of them in other ways, such as making them available to other people,” police spokeswoman Dita Holečková said.

Police officers began investigating the case in 2021, when they identified the man and searched his home. They seized computer equipment, data carriers and recording equipment.

“Subsequently, we had expert reports drawn up in the field of cybernetics and the field of patents and inventions, economics,” Holečková said.

The man is charged with criminal offences of copyright infringement, copyright-related rights and database rights.

Source: novinky.cz

PUBLIC SERVICE MEDIA SHOULD NOT PROFIT FROM ADVERTISING, SAYS THE ASSOCIATION OF COMMERCIAL TELEVISION

Media manager Klára Brachtlová has been the head of the Association of Commercial Television (AKTV) for a year. The Association was founded by the Nova, Prima, and Óčko TV groups seven years ago. In an interview, Klára Brachtlová reveals how the Association helps TV stations, how broadcasters are coping with the advent of artificial intelligence, and why commercial media opposed the amendment to the law that increases fees for Česká televize (Czech Television, ČT).

AKTV celebrates its seventh birthday and you have been in office for a year. How would you evaluate this period? What went well? And is there anything that hasn’t worked?

Seven years ago, AKTV was established as a brand-new common platform for commercial television with the aim of becoming a partner to state institutions in the development of legislation and being a unified ‘voice’ for television. We know our sector and are able to assess well and quickly the potential impact of external influences, such as legislation. The second pillar of our activities has been to promote television as an advertising media type.

What was your focus?

Initially, we placed more emphasis on promoting television as an advertising medium, communicating the latest trends from around the world, and educating people on what works best on television. We are members of multinational European industry associations, so we have a lot of global information and bring it to the Czech market. However, over time more and more emphasis is put on the role of AKTV as a partner in legislative and regulatory processes.

Is it because more and more media laws are being prepared?

Quite a lot of media-related legislation is currently being drafted in the Czech Republic and more is coming to us from Brussels where more than two-thirds of the regulations concerning the European region are being prepared. So over time, our activities have shifted a lot towards Brussels so that we could monitor the EU’s media regulation priorities at an early stage, and I think we are successful in this respect. One example is probably the last EU action before the elections, the European Media Freedom Act (EMFA). This is something where we were at the very beginning.

At the very beginning? How exactly? Did you comment on the document?

We have already been to the first consultations and Commissioner Věra Jourová presented us with the initial proposition of the document. Although this is another media regulation that we do not welcome enthusiastically in the already heavily regulated audiovisual media sector, the final version of the EMFA seems to be a reasonable compromise.

Will it have some positive effects?

That remains to be seen. For example, Brussels has recognised that in all areas where effective self-regulation exists in EU Member States, self-regulation can be preferred to regulation in the topics covered by EMFA. This includes topics such as the protection of freedom of the press.

And what about restrictions?

Television and radio have already been highly regulated industries, so we don’t see major changes yet. EMFA is a set of tools that are activated at some point. One example is the purchase of media, which in many cases is a below-the-limit transaction not subject to the approval of the Office for the Protection of Competition. EMFA puts in place mechanisms to prevent, for example, a large group threatening media pluralism in a particular region.

Is it in effect?

Last week (17 April), the EMFA was published in the EU’s Official Journal and will apply from August 2025. Now the Member States have their work cut out for them. They have to look at how they will be affected by EMFA, which laws will have to be amended and how. In the Czech Republic, we do not even know yet who will be responsible for the various parts of the Act.

In seven years, you have managed, for example, to suppress storage sites like Ulož.to and to enforce the protection of Prima and Nova’s works in court. What are you facing now?

Unfortunately, illegal sharing of our content is still a hot topic. As far as legislation is concerned, there are some shifts; last year, an amendment to the Copyright Act came into force, which aims to better protect copyright works. We are also seeing shifts in the rhetoric of state officials. They have finally started to see piracy as a real issue that is causing a huge amount of money to leak out, not only for content creators but also for the state.

What amounts are we talking about?

From hundreds of millions to several billions per year. It should be taken into consideration that economic damage is also caused to institutions such as the Czech Film Fund or the National Film Archive, which exercise and trade the rights to large libraries of Czech films.

Finally, piracy is part of the grey economy and tax evasion can also occur because the operators of so-called storage sites are often based outside the Czech Republic. Nobody denies that, but nobody really wants to meddle in this phenomenon because it is a complex matter. The biggest problem we have is judicial enforcement.

The technical aspects of illegal content distribution are evolving faster than the courts are deciding.

Yes, that is definitely a problem. If we want to protect one TV season and, say, the three most attractive titles in court, we are talking about litigation for several years. But in the meantime, we have other seasons running. So this route is not efficient enough for us at the moment and is difficult to use.

Are you ready for the arrival of artificial intelligence?

Technological development is relentless, and I hardly know anyone who hasn’t tried one of the artificial intelligence (AI) tools. It is undeniable that in all fields, including media, the use of AI offers a huge opportunity. For us, for example, it is in the areas of content editing, analytics tools or content quality control. It can be and has already been used for content creation but in this respect, I would be cautious because these generative models only work with what already exists, what they have “learned” somewhere.

A separate issue is the so-called deep fake, where an existing person is exploited, in the field of both photography and video, and we don’t even know about it. The media is already starting to face this, not only in the textual use of AI but also in image misuse. One such case is now being dealt with by colleagues at Prima. They have had a CNN Prima News story misused.

Television is probably affected a lot as anything can be remade there. On the other hand, on Prima, for example, AI has started subtitling programmes for the audience with visual and hearing impairments.

The use of artificial intelligence for the preparation of audio descriptions is a very effective way to make broadcasts accessible to as many disabled viewers as possible. Colleagues at Nova use AI to create additional sports content, such as highlights.

Is it supported by legislation?

In the EU, the so-called AI Act is being finalised, which deals with AI in a rather general way and does not yet address the issue of copyright. The European representation is saying: yes, we will complete this law and, in the period ahead, we will look at how AI will affect other areas and, if necessary, give it more precise rules.

How is the media perceiving this?

From the media’s point of view, it is primarily a matter of self-regulation and ethical use of these tools. That is, if we use AI to create content, it should be clearly labelled from the perspective of the user or viewer.

The UK’s BBC, for example, goes even further and says that the viewer or user should know why AI was used in a given case. This is a huge challenge and opportunity for the whole world, including the media, but we need to be very careful how, at what point in time, and for what purpose we use these tools.

Won’t AI move to a different level long before the legislative process begins?

Of course, legislation cannot keep up with this rapid development; self-regulation is and will be crucial.

The trend in television viewing is changing, time-shifted viewing is on the rise, people no longer wait in front of the TV in the evening but watch their favourite shows when they have time. How are commercial TV stations reacting to this?

Yes, it is a global trend, television is undergoing a long-term transformation as the way we watch content changes. Audiences are less with traditional linear TV, which they tend to use to watch live content, such as news and sports. They are more likely to watch other content at a time they choose and on devices other than the traditional TV screen.

Is TV changing then?

Television is actually a very modern and flexible medium; in addition to classic linear broadcasting, we can get content to viewers through services such as VOYO or prima+, which extends our reach to include younger target groups for whom the TV screen is no longer the centre of the living room and family entertainment.

So linear TV is not going to disappear, is it?

Definitely not. In the United States, we are even seeing a kind of over-saturation and fatigue with the plethora of content on hundreds of VOD platforms and a return of viewers to traditional television. However, it is clear that linear TV is gradually being replaced by other ways of watching content, and commercial broadcasters are adapting their distribution mix accordingly.

This is a trend, and it is going faster in Western Europe than, for example, in the regions of Central and Eastern Europe. Over time, the target group that will consume the content is also changing. But its charm, broadcasting now and here, will remain.

The way we watch TV is changing. Are there any changes for advertising or advertisers as well?

Television still offers the biggest reach to advertisers, it is an effective branding tool. The best proof of this is the fact that even e-commerce brands are among the biggest TV advertisers because online presence and communication are not enough for them. We have recently completed a study in AKTV under our ScreenVoice brand on the attention viewers pay to advertising.

It is proven that the more attention a message can attract, the better it is remembered. And that in turn has a secondary effect on your purchasing decisions. Television advertising came out best in the comparison because, unlike internet advertising, people cannot skip it and they see it much more often on the big TV screen, so they get a good perception of the brand.

Now everything is speeding up. Is there a move away from 30-second ads to shorter sponsor messages? Are the ad blocks getting shorter?

Television is narrative, in a longer spot you tell a story perfectly and convey emotion, moving or entertaining the audience. In addition, viewers see the advertising message alongside their favourite content, which is also a big advantage. This is much harder to do in a shorter spot or sponsorship message. But of course, it depends on what the advertiser wants to achieve in a particular campaign.

At the beginning of September, the Minister of Culture introduced an amendment to the Czech Television and Czech Radio Act, which regulates the amount of fees. AKTV demands its withdrawal. Why? Have AKTV’s representatives had any talks with the Minister of Culture or other politicians? What specific changes have they put forward? How successful have they been?

The Ministry of Culture held a press conference to present an amendment that no one had any idea about. Together with other colleagues from the commercial media, we objected to the proposal because it would be good if such a fundamental amendment was discussed with all the market players concerned.

It may look like this only applies to public service media, but it doesn’t. Public service media are part of a fragile ecosystem, a dual system, which also includes commercial media. The dual system is important for maintaining media pluralism. For the media sector to be sustainable and predictable for all players, the implications of the changes under consideration need to be well thought out.

Is that why you are asking the ministry to open a discussion?

Yes, that is why we have asked the Ministry of Culture to put the legislative process on hold and to start an expert discussion. This happened, and working groups were set up, one for television and one for radio.

We started working at the end of January when we basically exchanged arguments on what we consider essential for the functional coexistence of public and commercial media. We are still waiting for feedback, the Ministry of Culture is obviously working on something but unfortunately, we don’t know the current situation.

Why are you protesting? What is this all about?

As I said, public and commercial media stand side by side. And each has a different mission. The mission of public service media should be enshrined in a proper definition of public service, and we say: let us look at the definition of public service.

Can you be a little more specific?

In our opinion, it is appropriate to ask whether ČT should invest huge sums of money in, for example, very expensive sports competitions that are usually broadcast abroad by commercial sports channels. It is understandable that if viewers have become accustomed to such free content available on ČT4, it would be very unpopular to stop broadcasting it.

This takes us back to the public service and its definition. And the second key issue for us is the sustainable financing of all entities in the media ecosystem. Commercial media are dependent on advertising revenue for their livelihood. That is why we believe that public service media should be funded either by licence fees or by the state budget and should not have the tendency or the possibility to profit and generate revenues from advertising.

Are you waiting for a response from the ministry?

Yes, at the moment, we are waiting for the Ministry of Culture to give us an update. We are still hoping to reach a compromise result that will ultimately ensure the sustainable functioning of both commercial and public media. This is also a topical issue with regard to the EMFA we have talked about. One part of it concerns the functioning of public service media and the sustainability of their funding. So it needs comprehensive consideration and honest effort.

Are there representatives of ČT in the working group?

Of course, there are Czech Television and Czech Radio and also representatives of other commercial media there. We are there together.

From a layman’s point of view, you seem to work to remove advertising from ČT and cut its profits.

We are asked whether we want to eliminate the public media. That is certainly not our goal. For us, coexistence with them is very important, especially in today’s complex geopolitical situation. We have been saying the same thing from the beginning. Let’s look at this conceptually, let’s define the role of the public service media, and then we will work out how much money they need.

Not the other way around, we will add two billion and you will tell us what you will do for it. We don’t want to weaken ČT by taking away advertising, that is only a small part of it. In terms of commercial messages, the bigger issue for us is sponsorship. The sponsorship messages on ČT are now almost interchangeable with the advertising block. Although the law is not breached, it is de facto being circumvented in this way, and we do not think that this is how it was originally intended.

Your next topic is the transformation of the Czech Film Fund. What stage is the process at? And are you also working with the Ministry of Culture on it?

Yes, this process was exactly the opposite. For the transformation of the Audiovisual Fund, the Ministry invited us to a debate and a working group was formed before it was officially established. Negotiations continued for almost a year, and on some points, a fairly reasonable compromise was found.

However, in our opinion, for some others, the discussion was not completed, and the ministry suddenly came up with a proposal which it has already sent to the legislative process. But there are problematic points in the amendment that I would call almost discriminatory.

Can you give us an example?

The fund is financed by contributions from commercial entities, TV stations, operators, cinema operators and, in the future, VOD platform operators. Until now, the biggest contributor has been commercial TV, and our fee has been defined as a percentage of advertising revenue for traditional linear TV and also a minimum collection of CZK 150 million.

This means that if that percentage of advertising revenue didn’t add up to 150 million, the commercial TV stations had to pay 150 million. For example, in the COVID period when the commercial TV stations were really in trouble because of the outflow of advertising revenue, we also paid 150 million.

Will this change?

Commercial TV is the only one that has that minimum threshold. We have sincerely hoped that when the whole system of support for audiovisual content is being reconfigured this would be an ideal opportunity to level the playing field and not discriminate one media type against another or one type of taxpayer against another. The Ministry of Culture understands this but unfortunately, this discriminatory principle is still enshrined in the law.

What will the law change?

In the proposal, we appreciate that under the new system of operation, foreign VOD operators should also contribute to the fund. Until now, we were the only ones to pay for VOYO and prima+. On the other hand, services such as YouTube or Facebook, which do not meet the legal definition but which undoubtedly contain a large amount of audiovisual content, are not subject to the levy.

So that is another discriminatory element, local players have to make contributions from advertising revenue on web platforms while the big multinational players are not affected. It is probably also food for thought that not all the players who draw incentives and benefit from the state support system for audio-visual content are contributing to the system. On the positive side, however, the amendment should finally make it possible for us as the largest investors in audiovisual content in the Czech Republic to draw support for television formats.

Officials understand that sharing illegal content also leads to the leakage of government money. With the rapid development of artificial intelligence, legislation cannot keep up.

Author: Jitka Venturová

Source: idnes.cz

THE ASSOCIATION OF COMMERCIAL TELEVISION CELEBRATES 7 YEARS, KLÁRA BRACHTLOVÁ REMAINS ITS PRESIDENT

The Association of Commercial Television is celebrating its seventh anniversary this spring. Its main priorities remain the promotion of TV as an advertising media type, the fight against internet piracy and participation in legislative processes affecting the business of commercial broadcasters. Klára Brachtlová, Chief External Affairs of CME, the owner of TV Nova, remains its president for another year.

For seven years, the Nova, Prima and Óčko television groups have been members of the Association of Commercial Television, which was founded to unite the voices of commercial broadcasters.

One of the main activities of the Association is the promotion of television as an advertising medium. For this purpose, AKTV has created the ScreenVoice brand and a website of the same name, providing interested media agencies and advertisers with the latest information and trends from the world of television advertising. In addition to foreign content, interested parties can also find a range of original texts on various attractive topics on the website.

“The most popular content on the ScreenVoice website has long been myths and facts about television where we debunk the most common prejudices against television. Readers are offered data and arguments proving that television is an effective advertising medium and, in many cases, still has absolutely unparalleled performance compared to other media types,”

says Klára Brachtlová, President of AKTV.

Last year AKTV became a partner of the most important industry conference Forum Media whose participants had the opportunity to learn about the findings of AKTV research on the topic of attention in advertising. On the occasion of World Television Day on 21 November, AKTV prepared a unique programme for its business partners, which culminated in the entertainment show We Love TV hosted by Libor Bouček.

Another focus of activities is the role of AKTV as a partner in the legislative field, at both national and European levels. In the past period, AKTV has been actively involved in the process of drafting several pieces of legislation, in particular the amendment to the Audiovisual Act and the major media amendment.

“Sustainability and a fair playing field for all players in the media market are absolutely crucial for us. That’s why one of our top priorities remains the fight against online piracy, which drains significant resources from the creative ecosystem. Instead of going back to the creators, this revenue goes into the pockets of the repository operators where piracy is most rampant,”

adds Klára Brachtlová.

To spread awareness about the illegality of sharing copyrighted content, AKTV operates a special section on its website dedicated to copyright where interested parties can find information on legal and illegal content consumption, a glossary of terms, or the latest copyright news.

 

VOYO IS GROWING FASTER THAN EXPECTED, REPORTING AN OPERATING PROFIT, SAYS NOVA CEO DANIEL GRUNT

Daniel Grunt, who has been CEO of the Nova Group since January last year, has been given a difficult management assignment by the parent PPF Group. He is to transform the most-watched domestic broadcaster so that it can capitalise on the growing interest in online video while not cannibalising traditional broadcasting. Grunts task is to develop the Voyo paid streaming service while not competing with the traditional business that brings Nova billions of crowns from TV advertising.

Voyo has been at the centre of a transformation in recent years to bring the TV group into the new digital age. The streaming video library has been testing viewers’ willingness to pay for Nova’s shows, series and films since 2013, but the main impetus came three years ago after the TV group was bought by PPF. The new owners have announced an ambitious goal for Voyo: to acquire one million subscribers for the video library in the Czech Republic and Slovakia by 2025. Grunt tells HN that interest in Voyo is growing so fast that the project may reach the million subscriber mark sooner. It already has more than 800,000 paying viewers in both markets combined, and the project is starting to generate an operating profit.

“My managerial task is to ensure that our media house continues to grow in a market where the amount of time spent on traditional linear broadcasting is declining every year. That is, how to realign the company, products, content distribution and strategy to ensure long-term profit growth,”

says Grunt.

The owners probably chose you for the position of Nova’s CEO last year because you were responsible for the development of the Voyo streaming service in various markets as Chief Digital Officer. That was within CME, the group to which Nova belongs. Will your approach be any different from the previous management of the broadcaster?

In general, my aim was not to make a revolution in Nova. It is a very well-functioning media group that is profitable. My perception is that I have been given a relatively free hand by the shareholder for the digital and strategic transformation of Nova. The way video is consumed is changing, technological changes are occurring, bringing many threats and many opportunities.

Which changes do you see as the main ones?

The deployment of smart TVs has been growing rapidly in recent years. More than half of Czech households now have a smart TV connected to the internet. This gives users a range of possibilities – they have apps, or video on demand. The second factor is that the TV signal distribution via the internet (IPTV), which enables time-shifted viewing, is growing quite rapidly. So fewer and fewer people are watching traditional linear television. People watch programmes at times of their own choosing that suit them best.

We also see the growth of all the other smart devices, the growth of high-speed internet penetration, and data bundles. In short, people are consuming video content where and when they want, which was accelerated by the COVID pandemic. We started to promote Voyo heavily in 2021, making investments in content, teams, the platform, and other things.

What is Nova’s strategy in general?

It has four pillars. The first is to ensure that existing advertising revenues from linear TV are at least maintained. The second is to achieve maximum content reach – i.e. combining traditional broadcasting with time-shifted viewing or consumption via Voyo so that the two distribution channels compete as little as possible. The third pillar is working with brands. Nova is historically an extremely strong brand but recently, no time and energy has been devoted to making the brand well profiled and targeted at specific segments. This includes an effort to clearly profile Nova’s main channels and Voyo. And you can’t do without a good team to work on all this. That is the fourth pillar.

Your competitor Prima is also going the way of better defined and profiled channels. When will viewers notice the changes on Nova?

The audience will see the specific results this year because we spent last year mainly working on internal issues, we wanted to define everything clearly to ensure that it made sense. We are working on the redesign of the main channel and the Nova Cinema channel. That will be a highly visible signal of where we are going. Then other channels will follow, some of which have already been redesigned. We will work harder to make our channels as clear and understandable as possible for viewers. So that they know what they are going to find on them and for whom the channels are intended.

How fast is the viewership of classic television declining?

When we look at a metric called Total TV Ratings, which is actually the time people spend watching classic TV, in our key target group – 15 to 54 year olds – it started to decline significantly last year. The year-on-year decline was about six or seven percent. But at the same time, the time spent by time-shifted viewing is growing proportionately. But not always is it included in the classic linear viewership.

So what are you doing about it? How do you address it?

First, we need to work on getting a bigger share of a smaller viewership pie. In this, we were successful last year. We increased our lead by one percentage point compared to our main competitor. That is a pretty good result in TV ratings. On the all-day viewership, we gained about three-tenths of a percentage point to 33.64 per cent last year. This is important for us because we sell at a premium price. And such a price is justified by the fact that we have a better, more attractive target group and that there is a bigger gap between us and our competitors.

The second point is that we have a product that is in demand, so we logically increase the price of TV advertising. For this year, we came up with a double-digit increase. This will enable us to grow in the traditional part of the TV business in the long term. We have made projections for several years ahead and we estimate that in 2030 our advertising revenue from the traditional linear business will still be at least half of the total. Currently, it is around 75 percent.

How does your investment in Voyo fit into all this?

We are trying to maintain and, if possible, increase traditional revenues to be able to finance our transformation. Voyo is growing extremely. In fact, it is growing every year far beyond our already quite ambitious plans. The revenue from Voyo is starting to be quite an interesting contribution to our TV business. In terms of operating profit, Voyo already earned its keep last year.

Are you considering putting online advertising in Voyo as well?

It is a path that we will probably have to take at some point, but it won’t be this year and most likely not next year either. That reasoning is based on what I said: Voyo is growing very well. In general, the SVOD market (pay video services from HBO, Prima, Netflix, Disney, SkyShowtime and other, which includes Voyo – ed.) in the Czech Republic is still growing at a double-digit rate, up some 26 percent last year. Voyo grew by about 51 percent last year. If we look at this year, the market will grow by about 20 percent, we should still grow faster than the market.

It looks like the growth rate will be quite interesting for the next few years. And one of the main motivators for customers to pay for such a service is that there are no ads. If you include advertising, the growth will slow down. Moreover, in the Czech Republic, the price for digital video advertising is relatively low, for example, compared to the US and Western Europe. It would not compensate for the slowdown. We are watching to see when the market starts to slow down. Then it would make sense to add a cheaper product to Voyo with advertising.

People in the TV industry look at what is happening in more developed Western markets, for example in Scandinavia, and from that they estimate the trends that will come here in a few years. The Swedish streaming company Viaplay, in which PPF has also invested, is struggling with losses. Last year it announced drastic staff and cost cuts. Their subscriber numbers have dropped as well. Isn’t this a warning signal that something like this could happen here?

It is definitely a warning. In my opinion, it is not the result of changes in the market but rather of a wrong strategy. Viaplay has made it their main goal to get as many subscribers as possible at any cost. And they chose the easy way – to get them through partners, such as telecom operators. They were giving relatively large commissions to partners, thus reducing their own profitability. The second thing is that in order to grow quickly and build the brand, they made extremely large investments in content – in sports and especially in creating exclusive content for the platform. If they were doing something like 70 Viaplay originals a year, that is a huge investment. They reported a very high number of subscribers, but the profitability was lacking.

Is there anything else of interest to you that is happening in the TV market in the West?

Of course, we are watching what is happening in Scandinavia, in the US, but it does not mean that it will all be here in three or five years. Western players like Warner Bros., Disney and others are still changing their strategy, they are still fine-tuning. Three or four years ago they chose the strategy of investing in their own video libraries at the expense of their existing business. They have tightened the taps in terms of, for example, licensing their content to other TV stations. Another thing is that these players have almost closed the classic cinema distribution window that was producing huge money. But after two years, they found the same thing Viaplay did – that they were growing fast but getting into big losses. So last year, they took a step back and are returning to their original approach, extending the cinema distribution window for films, then offering films on Blu-ray or pay services, and refocusing on licensing their content to other TV stations or subscription services.

What lessons have you learnt from this?

That it is important not to fly from right to left, from extreme to extreme, but to look from the very beginning for maximum long-term profitability. It’s about balancing the existing business and the new one so that in trying to grow the new one quickly, which can be a nice story, you don’t accidentally kill the old one because then you cannot fund the new things. That’s why I talked about our four-pillar strategy at the beginning, which is to keep or mildly develop the traditional business at all costs.

Has Voyo overtaken Netflix in the number of subscribers in the Czech Republic?

No, it hasn’t.

You announced that Voyo had 800,000 paying users in the Czech Republic and Slovakia in March. Can you give me a figure for the Czech Republic only?

I am sorry we don’t publish it. We create Voyo strategy for both markets together, so we present it together. However, Netflix is still bigger. But we don’t even aspire to be number one. The strategy is that we want to be the strongest local player, we want to be number two in the market and complement the multinational number one. That works well for us.

The goal for Voyo, as initially announced, was to have one million subscribers by 2025 at the latest. You can probably achieve that goal sooner, can’t you?

It looks like we are a year ahead. We are getting significantly faster. I am becoming more and more confident that we will hit one million next year.

Consumer demand in the Czech Republic has been very poor. People have feared inflation and energy prices. Households have cut back on excess spending. How come it has not translated into Voyo growth?

My explanation is that Voyo costs only CZK 159 a month, it is quality entertainment for a few crowns for the whole family – over two thousand titles, our own production, series, romantic stories, two sports channels, reality shows such as Survivor, Big Brother and more. We have even got a kids’ offer. Plus, we are constantly creating new Voyo originals for Voyo. And there is TV content a week earlier and without commercials. So where would a household save money? People will probably not go to the cinema, to concerts or sports events as often, they will cut all the entertainment that is significantly more expensive.

This corresponds to the fact that the average time spent on this platform per week continues to grow year on year. This is a very important metric. The more time a viewer spends on Voyo, the less likely they are to leave. If a household is going to cut costs, by logic Voyo and Netflix will be cut the least. And for other platforms, it will fluctuate depending on when a new series or interesting film is released.

What are the ratings on Voyo?

We are currently averaging less than fifteen hours a week. We are growing.

Are you happy with the price setting? Are you considering different pricing programmes, for example?

As I said, the price at Voyo is low, allowing it to grow faster. Obviously, as our cost of inputs to run and develop the platform and produce content increases, that price should be higher. At the moment, we don’t want to increase it yet.

A few years ago, when the Czech Republic was switching to digital terrestrial broadcasting, the heads of commercial TV stations were hoping that they could impose a charge on some free-to-air formats. For example, broadcasting in higher resolution as in the case of satellites. That debate is no longer going on today, is it?

Our assessment was that it wouldn’t be worth it because we would lose some of the advertising revenue. Those, as I said, still make up 75 percent of our business, so it would be an extreme risk. With the revitalisation of Voyo, it became clear that we could go both ways at the same time. That we can monetise free-to-air channels through advertising revenue and in addition to that have revenue directly from users.

In the past, PPF and Nova CEOs have said they want Voyo to be one of the three paid video platforms that Czech households will have in the long term. But a number of platforms have emerged, do you still think the market will settle on the three main ones?

I am convinced that consolidation will start partly this year, even on a global scale. In February, there was talk of a merger between Peacock and Paramount Plus. Two years ago, we saw the merger of Discovery and Warner, but they still have separate services – HBO Max, Discovery Plus and Eurosport on top of that. The Max service is coming to Europe in May, which will bring it all together. All the big players are looking for ways to save costs, to merge – either by combining offerings or by physically connecting. There are dozens of these services in the US. And one household has between four and five paid services on average. The smaller ones are going to be gradually closed. In the Czech Republic, three or four at most may be profitable.

Recently, the debate about the increase in the licence fee for Czech Television has been reopened. One of the options is that ČT would get more space for advertising. You might not like that very much…

My comment is that the process has finally gotten on track. Two working groups have been set up, comprising all market stakeholders. They are discussing what the optimal solution should be. At the same time, they are beginning to debate about the role of ČT. How much money such an institution actually needs will depend on that. I cannot say whether ČT needs 300 million, 500 million or two billion. It is just not right that the Ministry of Culture announced how the funding for ČT would be set up without prior discussion, without defining the public service, without saying what will be created with the money. The proposed extension of the definition of the payer and an increase in the licence fee would be a kind of blank cheque for an extra CZK 2 billion a year. That is huge money – more than one new premium channel would be built for that. If there is no definition of what ČT is supposed to do with it, it is a huge threat to the whole market.

On the one hand, private TV stations say they don’t like a competitor getting that kind of money, but you don’t want more competition in the advertising field either.

The way it is currently set up is fundamentally wrong. It is a kind of dual system of financing ČT. There is an entity on the market that is paid for by the viewers, i.e. by licence fees, but it also improves its budget on the advertising market where commercial entities operate but for which this is the only source of income. Part of the discussion on the financing of ČT should probably have included some increase in the licence fee or an extension of the VAT deduction, but it should also have included the fact that ČT would cease to operate on the advertising market.

CME’s owner, the PPF Group, has other activities in finance and telecommunications. Is there anything that could create synergies for Nova? I would imagine that some services may be offered as a package – for example, Voyo and a more favourable account with Air Bank and so on.

At the beginning of last year, we started our first cooperation with O2. The operator’s customer can include Voyo in the same invoice and it is more profitable for them in general. That is the first thing we are doing. Logically, there is also a sharing of experience. O2 as a strong telecom player is far ahead in working with CRM, for example, so that is where we are learning. In the beginning, it helped us, but now I think we are learning from each other. One example is the launch of the Unity platform, through which PPF is strengthening the combined sales of its subsidiaries’ services.

Can it go any further?

It can always go further. There are plenty of scenarios and possibilities. We have to evaluate them and say whether or not any of them make sense.

A big issue last year was the topic of inflation, i.e. price growth. The cost of producing programmes and TV series also rose, as did the cost of energy. Did you have to adjust some production schedules because of that?

Our advantage is that our business has had good results in terms of revenues. Television advertising, and Voyo in particular, has delivered more money than we expected. We didn’t even plan on being in the black with Voyo last year. But I agree that the price increases are being felt everywhere – whether it is energy, locations, or studios.

The production market in the Czech Republic was very tight last year. Players like HBO left, but others are back. Is that still the case?

Yes, we are in competition with many groups here and the demand is both local (because of Voyo and the competitor Prima, which has started to invest heavily) and foreign. In fact, the number of projects being created here has multiplied. HBO may have given up its local ambitions but Amazon, for example, is busy filming its series here at the Barrandov studios, such as Wheel of Time. Netflix filmed The Grey Man here. Then there are German TV stations that also film series here. This creates a huge overflow of demand for various professions – from creative ones, such as scriptwriters and script editors, to catering, editing, sound, lighting and all the supporting professions.

Did prices go up at a double-digit rate last year, for example?

We are trying to keep growth below double digits in the negotiations. We are successful but the price increase is noticeable. Given the costs that we have with production, even a single-digit price increase is a huge number.

How much does Nova invest annually in programme production?

I can’t give you a specific figure, but I can tell you that last year we put the most money into production ever. This is related to our long-term strategy that we set last year. We produce the most series and the most individual shows in the 30-year history of Nova. And we are going to continue this year.

So this year is going to be another record for spending on your own production?

Yes. It’s related to what I said at the beginning – we want to strengthen our position in the market, so we need to invest much more in quality local production. Whether it is for TV or Voyo. We increased our investment massively last year and it will be even higher this year.

Where else did the investment go?

Last year we also started to focus more on news and journalism. When I talked about profiling and segmenting our brand, here is an example: as part of the news (Televizní noviny), we started working on how we want to be perceived.

What exactly does that mean?

We go back to the roots, dealing with the problems of ordinary people, trying to explain in a simple way and in context what is happening around them, and how it affects them. At the same time, we also stand up for their rights. That is why, for example, we launched a programme called Na vaší straně (On Your Side) this year where we fight for people not to be ripped off or manipulated. After many years, we have relaunched a political debate show on Sunday. It is called Za pět minut dvanáct (Five Minutes to Twelve) and I am convinced that such a show was missing in our programme. We have enhanced Střepiny to include investigative reporting. And we have brought back our weekend show (Víkend) and given it new airtime, which has also been beneficial.

Could it happen that there will be something like an editorial position on a certain topic within the newsroom at Nova if the Czech Republic were to decide on some major issues, such as leaving the EU?

The example you used is of course extreme. I can imagine that we will deal with it in an extreme situation such as a referendum on leaving the EU or NATO. But up to this point, we are maintaining maximum balance and neutrality, and we are proud of it. This was evident in the presidential election and in the way we tried to express ourselves on all geopolitical and social issues. I enjoy our coverage and I am pleased with the quality of my colleagues’ work.

And now about investments in sports, which you consider to be another pillar of the strategy. O2 TV is building its own sports content in parallel – it has exclusive rights to local ice hockey and football leagues. Wouldn’t it be a good idea to make use of that for Nova, since you are one group?

O2 is already working on it. It offers its customers access to Nova’s sports channels and sports channels via Voyo. This means that O2 can work with Nova to provide customers with the biggest sports offering on the market.

What about buying the rights to sports shows? Can’t there be some synergies if the rights keep getting more expensive?

The issue of expensive rights is intensifying. Champions League, Premier League or Formula 1 rights are extremely expensive. And even domestic rights already cost huge amounts of money. Rights are usually bought for a certain period – two, three or four years. And it seems to me that with each new period, the prices are almost double the previous ones. There is a lot of demand pressure coming from multinational groups and platforms.

But that doesnt mean you are adjusting your focus on the sport, does it?

We see sports as premium content, which is the most expensive. That is why we only offer it through paid services. This year we bought the rights to Formula 1, we have MotoGP. In terms of football, we actually have everything. It will be available on the pay channels Nova Sport 1 to Nova Sport 6. There won’t be Formula 1 on Voyo, it will only be available through the operators. This is the only option because sports content is so expensive that we cannot run it on a classic free-to-air terrestrial TV channel.

Source: archiv.hn.cz

PIRATE UPLOADED FILES TO THE INTERNET AND CAUSED $48 MILLION IN DAMAGES. HE VIOLATED COPYRIGHT, NOW THE POLICE ARE PROSECUTING HIM

A man from Moravian region Slovácko is being prosecuted by the police and faces up to 8 years in prison. He was supposed to upload over 2,000 files on the internet without the permission of the copyright owner. He has been operating since 2019.

Anyone who has never downloaded a feature film from the internet for free should come forward so that they don’t have to pay for it. While I believe there are a few, I am under no illusions of a high number. The topic of copyright infringement in connection with online file sharing is dealt with relatively frequently in society, and the case of a man from Slovácko is now sparking discussion.

As reported by Novinky.cz and Slovácký Deník, police officers are currently prosecuting the man for violating copyright, copyright-related rights and database rights, and he faces up to eight years in prison. By sharing the content on the internet, he committed damages amounting to almost CZK 50 million.

According to police spokesman Radomír Šiška, the man was supposed to distribute foreign copyright works, or audiovisual files containing all or a substantial part of the works, on public websites without the consent of the rights owner. He has allegedly been engaged in the activity since 2019, since when he has managed to publish at least 2 300 files that infringed copyright.

“The damage to copyright caused by the free sharing of files exceeded forty-eight million five hundred thousand crowns,”

the spokesman quantified, according to Novinky.cz.

Source: svetandroida.cz: