| Abstract [eng] |
Problematic aspects of Regulating online streaming Television under European Union Law In the Master‘s thesis ‘Problematic Aspects of Regulating Internet Television under European Union Law’ the new type of television – internet television – is analysed. In the thesis the notion of ‘internet television’ means not only linear services but also non-linear and video-sharing platforms. As of this moment, the institutions of EU negotiate the new project of amendments to the Audiovisual Media Services Directive, which is considered to be a suitable way to regulate the audiovisual market of the EU in the light of technology convergence. In the first part of the thesis the notion ‘internet television’ is analysed. Having in mind that there is no exact notion of internet television in the EU laws, the author takes into account the notions suggested by the international organizations (ITU, OECD). These notions are compared with the similar ones established in the EU laws. In this chapter the features of every type of internet television are compared in the light of EU law and relevant case law of the Court of Justice of the European Union. The second chapter deals with the net neutrality issues. Net neutrality has a crucial role in the provision of internet services. As of today, Net neutrality is considered as one of the most debatable topics of technology. Because of that, the main arguments of both sides are presented in the thesis, together with the comparison of regulations considering neutral internet rules in both USA and EU. In the third part the author discusses the geographic blocking (geoblocking). The geoblocking practice is analysed together with the operating principles concerning it. It is worth mentioning that even though the geoblocking is mostly familiar with the relationships happening in the private sector, the abovementioned practice can also be used in order to ensure the public interest. In this chapter the circumvention of geoblocking is discussed in the light of several scopes – international treaties, EU law and the terms of services introduced by the providers of the online content. In the last chapter the country of origin principle is discussed. The country of origin principle is considered as a fundamental provision of the digital single market of the EU. However, due to the technology convergence, this principle is questioned whether it is a suitable regulatory mechanism. There are several alternatives introduced to this principle. |
