E-Zine 03/17
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M E D I A L A W e-Zine I N T E R N A T I O N A L ® 03/17 Research, analysis and opinion on international media law Australia to extend copyright Broadcast market safe harbour legislation expansion in UAE bu Dhabi Media (ADM) has announced Shutterstock/ Claudio Bertoloni Athe launch of two radio stations, Radio 1 and Radio 2, as part of the company’s expan- sion of English-language radio stations. Launched in April, the stations bring ADM’s total number of radio networks under its umbrella to eight Radio 1 will specialise in delivering music content that targets 18-30 year olds while Radio 2 will broadcast content aimed at 30- 45 year olds, who favour content from 1980s and 1990s. Mohamed Ebraheem Al Mahmood, chairman and managing director at ADM, said: “The official launch of Radio 1 and Radio 2 under Abu Dhabi Media underscores our strategic efforts to create tangible change in media content at Abu Dhabi Media, and Turnbull government to undertake further diversify the media brands under its umbrella.” He added: “The addition of Radio 1 consultation to extend safe harbour provisions and Radio 2 reaffirms our continuous commitment to enhancing Abu Dhabi Media of Copyright Act ahead of introducing new law as a comprehensive and diverse media platform. It also highlights our ongoing he government is reviewing an exten- has undertaken additional consultations to efforts to further advance the media sector Tsion of the safe harbour provisions of the provide further opportunity for all matters of in the UAE and the region by supporting all Copyright Act ahead of introducing legisla- concern to be conveyed to the government to traditional and modern media”. tion. ensure the legislation achieves its objectives. The Arab Media Outlook Report 2016, Announced on 21 April in a press release Reforms currently before parliament which provides expansive data on media by Communications Minister Mitch Fifield, include educational licensing provisions and sector development in the pan-Arab region, the consultation is aimed at expanding the changes to improve the ability of libraries and highlights the broadcast sector as a significant safe harbour regime to provide rights holders archives to preserve copies of materials and market segment. with a useful mechanism to have infringing access unpublished works. The reports states: ‘Radio in the UAE material removed from online platforms. In his statement, Mr Fifield highlighted is expected to grow, led by its ability to The government is progressing significant that the government’s intention is to ‘develop substitute for expensive media such as print. reforms to national copyright law that include safe harbour legislation that encourages Digitisation trends are also becoming more legislating provisions to enable the block of the growth of Australia’s digital economy, prevalent in the UAE, with many stations websites promoting piracy. The government supports a thriving and vibrant creative offering their content online and via apps.’ What’s inside Contact 1-2 MEDIA MARKET NEWS COVERAGE Zineb Serroukh-Ouarda 3 US: WILL THERE BE A NEW WORLD ORDER AT FTC? Managing Editor 4-7 SIMMONS & SIMMONS LEGAL PRACTICE GUIDE: [email protected] DF UK PUBLISHING SECTOR +44 7446 525 299 Contributors US: Federal Trade Commission Reform News By Andrew Lustigman, Olshan Award-winning intelligent IoT Will there be a new world order message platform at the Federal Trade Commission? Unified Inbox Pte. Ltd. (UIB) has announced the public launch, in April, of Andrew Lustigman In defining objective harm, Ms Ohlhausen their intelligent IoT messaging demo website, noted that this may be financial harm, or demo.unifiedinbox.com. something more than that. As an example of The site showcases live, interactive cases consumer injury alternative to financial harm, she for smart homes, smart enterprises and smart cited the FTC’s recent settlement with website, cities using the UnificationEngine intelligent Ashley Madison, and evidence that several people IoT messaging platform, which provides users had committed suicide after their names and and manufacturers with increased security other information was exposed. and interoperability. Ms Ohlhausen went on to address the On 04 April, the website received a negative implications that may affect consumers 2017 Webby Award for Website Features if the FTC fails to focus its energies toward cases of Italian media regulator blocks and Design — Technical Achievement for objective consumer injury. Namely, she cited the Websites. The UnificationEngine intelligent FTC’s settlement with start-up company, Nomi. IoT messaging platform is compatible with Further, Ms Ohlhausen opined that consumer Vivendi’s expansion into Italy over 20 different messaging channels, injury should be the focus when deciding what including WhatsApp, Viber, Facebook, Twitter remedies to seek. She noted that in several recent and many others. cases, as opposed to seeking a remedy aimed to citing violation of anti-trust law Carsten Czech, UIB Head of Design, said: redress the injury of the consumer, the FTC sought “Demo.unifiedinbox.com allows users to disgorgement, the company’s total revenues as Italian media regulator Agcom has ruled company of Mediaset that is controlled by connect their smartphones to control and monetary relief, even in cases where the company against the expansion of Vivendi into Italy on former Prime Minister Silvio Berlusconi. query a virtual smart home or smart city. did not exhibit fraudulent behavior. the grounds that it violates the country’s anti- Vivendi highlighted its surprise at the Users can message connected devices, Citing the FTC’s recent USD20 million trust laws. ruling, stating that it may file a formal vehicles, and infrastructure — from lights to settlement with Uber, Ms Ohlhausen opined that French media conglomerate Vivendi complaint to the European Commission and ovens to buses to cameras — using the most such disproportionate settlements, disconnected has built large stakes in Telecom Italia and an appeal to an Italian regional court. popular communications channels.” from the actual consumer harm caused, has significant shareholder voting rights in In a statement, the company said: ‘Vivendi The messaging platform is used by global FTC reform to focus on strengthening anti- ultimately harms businesses without advancing broadcaster Mediaset, almost a 30 per cent has always operated within Italian law, and smart device manufacturers and governments the consumer’s position. stake and rapid fire share purchases. specifically the Gasparri Law regarding the to enable users to communicate with their fraud and enhancing consumer protection Ms Ohlhausen also addressed several recent Agcom’s ruling, issued in April, includes protection of media pluralism from the appliances, electronics and cities as easily as advertising cases, whereby she believes the a one year deadline within which Vivendi creation of dominant positions.’ they do with their friends. Many think that the Federal Trade Commission consumer benefit should be factored into an FTC FTC’s “more strict than necessary” substantiation must reduce its stake in one of the two media Adding: ‘Vivendi neither controls nor According to Aby Varghese, UIB CTO, the will no longer be the significant enforcement action and resolution. standards effectively disadvantage consumers by companies. Agcom’s review into Vivendi’s exercises a dominant influence on Mediaset UnificationEngine platform was created to power it has been in recent decades. While At the ABA Consumer Protection Conference banning potentially truthful claims by companies purchase of Mediaset shares followed a which is controlled on an exclusive basis by increase security and convenience, which time will tell how things play out with the in Atlanta, Georgia in February 2017, Chairwomen to consumers. She argued that such strict complaint filed by Fininvest, the holding Fininvest with a stake close to 40 percen.’ have been IoTs two main problems. new administration and presuambly, new FTC Maureen K. Ohlhaus outlined the FTC’s consumer substantiation rules “overprotect” consumers, Commissioners, it is likley that the FTC will protection goals. She expressed that the FTC must and restrict their access to information. Finally, Ms remain a very powerful and thoughtful consumer strike a balance between protecting consumers Ohlhausen talked about her intention to reduce Turnbull government to extend safe harbour rules continued from page 1 protection agency focused on protecting from potentially unfair and deceptive market unnecessary regulatory burdens on businesses, in consumers from harm. What constitutes practices, and limiting the encumbrances placed conjunction with added FTC transparency. sector, while supporting the interests of media companies from broadcasting to more The spokesperson added: “License fees consumer harm, however, and the appropriate on legitimate businesses to the point where In conclusion, reports of the FTC’s death have copyright holders.’ than 75 per cent of the population. are being examined in the budget context remedy for noncompliance, may change under consumers are deprived of potential market- been greatly exaggerated. While the FTC will The extension of safe harbour provisions, A government spokesperson told Fairfax and the government does not comment on the current administration. generated benefits. likely remain a powerful agency addressing unfair to include online service providers not just that the Communications