An Irish bill could result in Apple TV+ being banned across Europe for not having enough European content on the streaming platform.
The Irish government said that streaming services must “meet a quota of 30% European Works and ensure the prominence of such content in their catalogues” in a Wednesday announcement outlining updates to a proposed law on media regulation and online safety.
Minister Catherine Martin says Apple TV+ has to have minimum 30pc European content or govt will shut it down across Europe.
(— Same new legislative bill, implementing EU directive.)
— Adrian Weckler (@adrianweckler) December 9, 2020
“For many years light touch regulation has been the norm for video on-demand services,” Irish arts and media Minister Catherine Martin said in a statement. “The Online Safety and Media Regulation Bill will establish more appropriate regulation of these services and ensure that they are subjected to similar regulatory obligations as television broadcasters.”
The bill was created to enforce a November 2018 directive from the European Union to regulate “audiovisual media services … in view of changing market realities.” It would be enforced by a recently created Media Commission, which would execute the policy across the EU.
“Providers of on-demand audiovisual media services should promote the production and distribution of European works by ensuring that their catalogues contain a minimum share of European works and that they are given sufficient prominence,” the Audiovisual Media Services Directive reads. “In order to ensure adequate levels of investment in European works, Member States should be able to impose financial obligations on media service providers established on their territory.”
The European directive would affect all streaming platforms, including Disney+, Netflix, and Hulu, but Apple TV+’s heavily American oeuvre and reliance on original content mean that it could face more difficulty complying. Given the movies and television shows on its streaming service, Apple TV+ would need to add 17 more European shows to comply, according to MacRumors, without adding any more United States-based shows in the process.
The Irish Press and Information Office told the Washington Examiner that enforcing the quota depends on where the country’s European headquarters is located. Since Apple TV+ is headquartered in Ireland, the Irish Media Commission would regulate Apple’s streaming platform across the EU. Netflix, headquartered in the Netherlands, would be regulated by a Dutch commission.
“The revised Directive requires EU countries to put in place enforcement mechanisms to ensure that video on-demand services will comply with the law,” the press office’s Tara Waish said. “In Ireland this is intended to primarily take the form of potential fines. However, a video on-demand service which continually refuses to meet its obligations could result in the regulator seeking a court injunction against the service to prevent it from operating unless it meets its obligations.”
ps Govt says ‘European content’ will still include British content, even post-Brexit
— Adrian Weckler (@adrianweckler) December 9, 2020
According to additional materials published by the Irish government, content produced in the United Kingdom will still qualify as European works, even after Brexit — meaning that Apple TV+’s new show Trying would count toward the quota. The platform is also in the process of filming a science fiction show called Foundation in Ireland, adding another program that would qualify as a European work.
Apple has announced a number of new shows, the majority of which will be produced in the U.S.
The Washington Examiner reached out to Apple and the Irish Department of Tourism, Culture, Arts, Gaeltacht, Sport, and Media for further comment.
