No. 50: The Promotion of European Works: An Analysis on Quotas for European Audiovisual Works and their Effect on Culture and Industry

Details

Author(s):
  • Piero Papp
Publish Date:
October 20, 2020
Publication Title:
European Union (EU) Law Working Papers
Publisher:
Stanford Law School
Format:
Working Paper
Citation(s):
  • Piero Papp, The Promotion of European Works: An Analysis on Quotas for European Audiovisual Works and their Effect on Culture and Industry, EU Law Working Papers No. 50, Stanford-Vienna Transatlantic Technology Law Forum (2020).
Related Organization(s):

Abstract

This paper examines the impact, which EU level quotas on audiovisual works have on the internal market and on European culture. By evaluating quotas on broadcast providers and on-demand audiovisual providers, I identify the inherent issue of quantitative restrictions and the varying impact it has on each audiovisual media service. I measure the success of EU quotas based on whether they achieve the policy goals of the European Union: cultural diversity and developing the audiovisual industry. My research method is to first define the policy goals of the EU by evaluating the drafting history of the Television without Frontiers Directive and the Audiovisual Media Services Directive, in order to identify the intentions and justifications for EU level quotas. I then conduct an impact assessment, identifying real and potential effects the quotas will have on the internal market and culture, and evaluate how the results align with the policy goals of the EU. My findings indicate that prior legislation on broadcasting has hindered EU policy goals while current legislation on non-linear services will not contribute to EU policy goals. This paper challenges the necessity for European quotas as a means to ensure cultural diversity and employment. Some view quotas as necessary to protect European identity from U.S. cultural dominance and to protect the industry from the overpowering U.S. market. However, I argue that quantitative restrictions have a negative impact on the quality of European works, which ultimately affects both the cultural value of European works and the creation of a pan-European audiovisual industry.