New EU legislation proposes 30% 'European content' minimum for Apple TV+, Netflix

In an attempt to level the playing field for European content creators, EU lawmakers are proposing legislation that would require streaming services like Apple TV+ and Netflix to feature 30% European content or face a European Union customer block.

The bill, known as the General Scheme of the Online Safety and Media Regulation Bill, was published by Catherine Martin, an Irish Green Party politician. She serves as the Minister for Tourism, Culture, Arts, Gaeltacht, Sport, and Media in Ireland.

If ratified, the law would require all streaming media services to host a minimum of 30% content classified as "European Work," or be shut down within the European Union.

The proposal was pointed out by Adrian Weckler on Twitter.

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

The bill hopes to provide more European content to consumers across Europe, as many big-name streaming services tend to overwhelmingly host content produced by the United States.

Section 64 of the bill reads as follows:

his head transposes the requirements of Article 13 of the Revised Audiovisual Media Services Directive. It provides that on-demand audiovisual media services provided by media service providers shall ensure that a minimum of 30% of the works in their catalogues qualify as European works.

Section 65 expounds upon the requirement, stating that "on-demand audiovisual media services shall, in the interests of providing culturally diverse European content to the widest possible audience, ensure the prominence of European works on their service."

It notes that the rules will not apply to services deemed to have "low turnover" or "low audience."

If passed, streaming giants such as Netflix, Apple TV+, and Disney+ would likely need to scramble to procure enough content to meet the minimum requirement or shut down in the EU. Netflix likely already has an appropriate product mix, but it would depend greatly on how much of any given production has to be done in the EU.

The Minister has noted that the content can include content produced by the United Kingdom, even post-Brexit, which may make the criteria easier to meet for certain services.

The proposition comes at a time when Apple is currently facing myriad of other legal issues, including multiple antitrust investigations, both at home and abroad.

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64 Comments

red oak 13 Years · 1104 comments

About 4 years ago

You ever get the feeling the EU has been a failed effort?

aderutter 17 Years · 625 comments

I remember when Netflix service in the UK was very poor with very little content worth watching; so people simply used VPNs to access the US Netflix. If this bill comes to pass, expect the customer to suffer because it will simply reduce the quantity of material available.

e.g. If Netflix had 5% EU content and 95% non-EU content, they will simply remove non-EU content and not increase EU content. They will go from proportionally 100 programs to 18 programs. How is that a win for consumers?

Sarkany 4 Years · 60 comments

I’d like to be able to filter out non-US, non-English-language native shows. Majority are horrid.

avon b7 20 Years · 8046 comments

I'm against quota systems in general and prefer other lines of action. That said, for EU markets, it would be easy to comply with a 30% content requirement for the companies involved.

The problem is that it might mean getting even less decent content to users which is hard to come by nowadays.

beeble42 11 Years · 32 comments

aderutter said:

I remember when Netflix service in the UK was very poor with very little content worth watching; so people simply used VPNs to access the US Netflix. If this bill comes to pass, expect the customer to suffer because it will simply reduce the quantity of material available.

e.g. If Netflix had 5% EU content and 95% non-EU content, they will simply remove non-EU content and not increase EU content. They will go from proportionally 100 programs to 18 programs. How is that a win for consumers?

Or they pay for the mandated EU content (which no one wants otherwise it'd already be there) and pass the cost on to EU customers. A nice little bit of wealth redistribution from the working classes to the rich media folks.

Why does the thought never cross the minds of the European ruling classes to encourage starting a streaming service and compete in a free market where people will choose what they want?

We replaced Netflix with Britbox. Great British content. Love it. Much, much smarter comedy. American comedy by comparison is mostly like still thinking fart jokes are funny. We chose to pay for what we like in a free and open market. Other people who don't want what we want are free to pay for whatever they like. Why can't EU countries offer EUTube or something? People will pay for it if it's any good. And perhaps herein lies the problem.

So EU customers are destined to either pay more, have less content or both. As Reagan said, "The nine most terrifying words in the English language are: I'm from the Government, and I'm here to help."