Date:

June 4, 2021

Amendments to the Electronic Media Law in Luxembourg

Since people increasingly access and depend upon content distributed through electronic communications networks, the Luxembourg legislators introduced the Act of Feb. 26 2021 that modifies the Law of 27 July 1991 on electronic media, otherwise known as the “Electronic Media Law.” The new Act intends to balance the right to access online content services with consumer protection and ensure better protection of minors, which previously applied only to linear media like television services.

The changes outlined in the Act are relevant and applicable to Audiovisual Media Services (AVMS) providers as well as social networks and video-sharing platforms (VSP) like YouTube, Vimeo, etc. that allow uploading of user generated videos. The Act came into effect on 12 March 2021. AVMS are essentially linear or non-linear programming services administered by service providers through electronic communication networks. These services have evolved drastically in the past decade, especially around non-linear programming with the rise in popularity of several on-demand service providers like Netflix, Disney, Amazon Prime Video, etc.

What are the features and changes of the new Act for AVMS providers?

Country of origin

AVMS providers established outside of the European Union, will have the benefit of “the country-Laof-origin principle.” This will allow the providers to submit a notification to Luxembourg authorities using satellite uplink facilities in Luxembourg.
There are no changes with respect to the jurisdiction rules and the criteria used to determine whether an AVMS provider falls under Luxembourg jurisdiction.

Information and Reporting responsibility

The ministry maintains a register of AVMS and VSP providers who are subject to Luxembourg jurisdiction, where they also note the criteria on which the jurisdiction is decided.
Any changes that are likely to affect the Luxembourg jurisdiction in accordance with the criteria set in the Electronic Media Law must be communicated to the minister responsible for media.
The Act gives the Independent Luxembourg Broadcasting Authority (ALIA) the right to ask the AVMS providers for any information it deems to be essential by a fixed deadline. Any delay in doing so would attract penalties ranging from 200 euros to 2000 euros per day that the information is delayed.
To ensure that people with disabilities always have access to public communications through AVMS services in the event of any natural calamities, AVMS providers are required to submit an action plan to ALIA initially by Sept. 30, 2022, and every three years thereafter, which outlines how this will be achieved.

Content and Advertising

AVMS may not incite violence or hatred against persons based on any of the grounds for discrimination referred to in Article 21 of the Charter of Fundamental Rights of the European Union or result in public provocation to commit a terrorist offence.
Ban on advertising electronic cigarettes and refill containers.
Product placement is now allowed with a few exceptions such as in programmes for children, news programs and religious programs. It is imperative however that the audience is made aware of the existence of any such product placement at the start and end of the programme and after each break.

Promotion of European works

AVMS providers are now obligated to ensure that their catalogues include at least 30% European programmes that are made prominent in their offerings.

Annual fees

AVMS providers must pay a fixed fee of 200 euros from this year to ALIA.

What are the features and changes of the new Act for VSP providers?

Notification

The concerned minister needs to be notified at least 20 days in advance before the start of a service by the VSP provider who falls under the Luxembourg jurisdiction.
Commitment to allow monitoring of its service by providing unencrypted access to ALIA.

Protection

VSP providers must protect minors from content, including advertising that could impair their physical, mental, or moral development.
Providers should also protect the general public from content, which constitutes as a criminal offence under EU law, namely public provocation to commit a terrorist offence and offences relating to child pornography, racism, and xenophobia.

Commercial communications

User generated content must be monitored by VSP’s for any kind of product placement or sponsorships.
Mechanisms that could be employed by the VSP to facilitate this monitoring could include features where the content generator could declare the presence of any product placement, content rating systems, age verification controls and parental controls.

The Act also stipulates that if the signal used for satellite broadcasting is introduced in Luxembourg with uninterrupted communication leading to the satellite and back to earth, then the resulting copyright levies would only need to be paid in Luxembourg and not in any other EU country.

The new law aims to create a level playing field where the traditional linear programming services are not the only ones to bear the burden of compliance. By bringing the new age non-linear programming services into the fold, the European and Luxembourg legislators have shown an admirable desire to adapt to the ever-evolving technological shift in media.

Related Press

Spherex Co-Founder Teresa Phillips: Find your north star and follow it

Spherex

Industry

As co-founder and CEO of global data and technology company Spherex, Teresa Phillips is pioneering technology that is changing the future of entertainment.

Leading a team of data scientists, AI engineers and content analysts, Phillips and her team are making sense of the crowded content landscape worldwide so media and entertainment companies don’t get lost in translation. Collaborating with major studios, networks, streamers and content creators, they are transforming how media and entertainment enterprises create, adapt, and deliver film and television to audiences worldwide through AI and machine learning.

Prior to establishing Spherex, Phillips was the founder and CEO of venture-backed startup Graspr, a platform that housed a library of DIY videos where users could also share their ideas and expertise. Phillips held executive roles at both Yahoo!, where she helped craft the company’s successful partnerships with SBC (now AT&T), British Telecom and Rogers Communications, and at Time Warner, where she was part of the cross-company effort to migrate systems, products, and operations in support of Time Warner/Media One's joint venture - Road Runner.

Q: WHAT IS YOUR BACKGROUND, AND WHAT ARE YOU WORKING ON?

My career began in the U.S. Army as an executive assistant to four-star generals and diplomats. I served two tours at the Pentagon and NATO. The five years I spent supporting the Supreme Allied Commander, Europe at the end of the Cold War was particularly pivotal in shaping my global mindset, leadership style, and career. Collaborating daily with NATO nations’ civilian and military personnel, I quickly recognized how individual culture shapes how we think, communicate, express emotions, and interact in business and personal settings. Culture influences every aspect of our lives.

Over the past two decades, I’ve held executive positions at both Yahoo! and Time Warner, as well as founded a venture-backed startup. I’ve built a career at the intersection of technology and media, leading teams in product development, business operations, and business intelligence.

At Spherex, we are creating a new business category in culturalization for the Media & Entertainment (M&E) industry. Spherex has developed the first-ever cultural intelligence platform that applies machine learning and artificial intelligence to analyze and process millions of hours of video content created daily for innovations in content recommendations, audience targeting, and cultural compliance with global regulations. We assess every movie and TV series on every platform to make it culturally relevant and appropriate, from compliance and ratings to audience demographics and title, down to religious references and cultural taboos. Through this process, we save content providers and streaming platforms money, increase their audience reach, drive new revenue, keep them brand safe, and make their content more appealing to all audiences.

Q: WHAT MOTIVATED YOU TO GET STARTED WITH SPHEREX?

Since my time at NATO, I’ve been interested in culture and globalization. I believe that cultural awareness and tolerance achieve understanding and harmony, which are the gateways to globalization. Media & Entertainment helps us get there faster. It is the only industry that can produce a product (e.g. a movie or TV series) and simultaneously release it worldwide. A movie has the powerful capacity to connect us emotionally, opening our hearts and minds to different cultural, religious, and gender differences in countries around the world. Today, tens of billions of dollars are spent annually producing content for global distribution, yet very little time and money are spent considering how that content will be perceived by local audiences. My vision for Spherex is to create a cultural dimension that can be embedded in content and associated with viewers to meaningfully connect global storytellers with their local audiences.

Q: HOW HAVE YOU ATTRACTED CLIENTS AND GROWN YOUR COMPANY?

Most of our growth has come from referral business and word-of-mouth. In the industry, we are known for our deep domain knowledge and expertise in facilitating international expansion by way of providing local age ratings, supply chain operations, and metadata. The wonderful aspect of our industry is its connected ecosystem. In a global marketplace serving both supply and demand sides, every transaction touches at least two entities. Even though M&E is a huge global industry, it is still quite small in terms of how closely companies work together across the supply chain. This tight integration allows us to grow organically and very quickly.

Q: WHAT ARE YOUR GOALS FOR THE FUTURE?

Because we’re creating a new business category, we must educate the marketplace about culturalization and the need to adapt content worldwide. We’ll continue to evolve our technology platform in order to scale. The ultimate goal is to be the ubiquitous provider of culturalized listings worldwide, which entails applying artificial intelligence to generate personalized versions of artwork, trailers, and other assets that resonate with cultures around the world. Our industry has a high level of reusability in that once a title is created, it can be relicensed in perpetuity. This means our culturalized listings can be used in every country by every storefront at any time.

Q: WHAT ARE THE BIGGEST CHALLENGES YOU HAVE FACED SO FAR?

It was a herculean effort in analyzing cultures around the world to gain insight and knowledge; then codifying that knowledge and embedding it in systems so that we can act on it. Without machines, humans alone cannot determine how a film should be adapted to better connect with audiences, in say, Brazil, Singapore, Russia, and Indonesia – all at the same time. Another challenge is that cultures and societies are always changing and evolving, so we must stay closely aligned with content regulators worldwide to update our system rules when they update their policies and laws.

Q: WHAT IS YOUR ADVICE FOR FEMALE FOUNDERS WHO ARE JUST STARTING OUT?

My advice for new female founders is to find your north star and follow it – day and night. While others can give you advice on stops to make and things to pick up along the way, only you can choose the path that’s best for you. There is no simple formula, no secret to success, or no “one right way” of doing anything. Pack the 3 C’s and you’ll do fine: Courage, Compass, and Conscience. Trust your instincts, open your heart, and sharpen your mind. Above all, take care of yourself and enjoy the journey!

Source: Databird Busines Journal

‍

Read Now

Spherex Monitoring to Support Vertical Transaction Video On-Demand Releases

Metadata

Classification

Spherex

Santa Clara, CA (July 7, 2023) – Spherex, a global technology company serving the Media & Entertainment industry, announced today that its proprietary title monitoring solution would support Vertical and the monetization of its high-profile releases across MVPD cable companies in the U.S. Spherex's solution applies leading-edge technology to provide accurate and holistic monitoring of global title availability.

As the only worldwide provider of title monitoring and local age ratings, Spherex will ensure Vertical’s premium Transaction Video On-Demand (TVOD) titles are available for rental and purchase for U.S. cable consumers.

"Vertical is a well-known and highly respected film distribution company with a long history of working with Tier-1 talent. We're pleased to support its U.S. MVPD release strategy and help expand audience engagement by providing accurate and timely reports and alerts on the non-availability of titles," said Teresa Phillips, Spherex CEO.

"We are excited to partner with Spherex and utilize its monitoring platform to help us distribute Vertical content to movie fans nationwide," said Jason Pecora, EVP of Distribution. "Spherex is a recognized leader in content monitoring, and we look forward to leveraging their technology to support our continued growth."

About Spherex:
Spherex is a global technology company transforming how media and entertainment enterprises create, adapt, and deliver film and television to audiences worldwide through expert-centered AI and machine learning. With unmatched expertise in culture and regulatory compliance, Spherex works with the world's largest media companies, movie studios, networks, distributors, and streamers to build larger audiences, speed up content discovery, drive more video views, and generate higher revenue. Learn more at www.spherex.com.

About Vertical
Founded in 2012, Vertical has become a leading global independent distributor releasing films across all mediums. Vertical's unique combination of full-service marketing and highly effective sales services provides collaborative solutions for filmmakers, as the company leverages creative and platform relationships to maximize revenue streams from all content providers. Learn more at www.Vert-Ent.com.

Read Now

Spherex Harnesses ML to Help Producers Go Global

Machine Learning

Spherex

SANTA CLARA, Calif.- Even though revenue from global markets covers half or more of the costs for major U.S. movie and TV productions and many streaming services are rapidly launching around the world, companies continue to struggle with the difficulty of making their content appeal to the cultural diversity of global audiences.

To help with that problem, the global entertainment technology and data company, Spherex is launching a new product called SpherexGreenlight that combines machine learning and human curation to capture societal and cultural cues from more than 120 countries around the world.

These insights are then applied to movies and TV shows set for global distribution so that studios and networks can easily adapt their new releases to be fully compliant with local norms and reach larger audiences, the company said.

“SpherexGreenlight was developed in response to market demand for combined cultural and regulatory insights that enable our media and entertainment clients to make data-informed decisions earlier in the production cycle.” said Spherex CEO Teresa Phillips. “Media and entertainment companies spend tens of billions of dollars annually producing new content for worldwide distribution. Greenlight assures that the content will reach the right audiences in each local market and avoid cultural missteps or censorship.”

The SpherexGreenlight technology highlights which scenes to edit in order to comply with local regulations; helps predict how a movie or TV show will be perceived by audiences worldwide; delivers data to make informed decisions about local marketing; and helps minimizes risk of offense or censure in local markets, the company said.

Source: tvtech

Read Now