Media

In late August, the California legislature passed two bills that would limit the creation or use of “digital replicas,” making California the latest state to seek new protections for performers, artists, and other employees in response to the rise of AI-generated content.  These state efforts come as Congress considers the NO FAKES Act (S. 4875), introduced by Senator Chris Coons (D-DE) on July 31, which would establish a federal “digital replication right” over individual’s own digital replicas and impose liability on persons who knowingly create, display, or distribute digital replicas without consent from the right holder.Continue Reading California Passes Digital Replica Legislation as Congress Considers Federal Approach

Earlier this week, the FCC released a Second Report and Order revising and expanding requirements to identify and disclose whether any “leased” broadcast program is sponsored by an agent of a foreign government.  The new order followed a decision in 2022 by the U.S. Court of Appeals for the D.C. Circuit to strike down a component of the original rule adopted by the FCC.  The new rule was adopted on a 3-to-2 vote, with the FCC’s two Republican members dissenting.  While the FCC has underscored that these rules are intended to provide broadcasters with flexible and simple options for compliance, failure to comply with these new information gathering and retention requirements could lead to enforcement action, including monetary forfeitures. Continue Reading FCC Adopts Revised Foreign Sponsorship Disclosure Requirements

On February 22, the U.S. Federal Communications Commission (FCC) released an Order reinstating the collection of broadcast industry workforce diversity data on FCC Form 395-B and seeking comment on a similar proposal for multichannel video programming distributors (MVPDs), such as cable companies and satellite television providers.  The FCC indicates that collecting this data “will allow for analysis and understanding of the broadcast industry workforce, as well as the preparation of reports to Congress about the same.” Continue Reading FCC Reinstitutes Collection of Broadcast Workforce Diversity Data

Last month, the FCC adopted a Notice of Proposed Rulemaking (NPRM) seeking comment on a proposal that it reports is intended to incentivize the production of local media by radio and television broadcast stations.  In the NPRM, the FCC proposes to “adopt a processing policy to prioritize evaluation of those applications filed by stations that certify that they provide locally originated programming” in certain circumstances.  FCC Chairwoman Rosenworcel has stated that this proposal will support local journalism, which she explained is “vital for our communities and our country.”Continue Reading FCC Seeks Comment on Proposal to Prioritize Locally Produced Media

On October 3, 2023, an overwhelming majority of the European Parliament (“Parliament”) adopted its position on the EU Media Freedom Act (the “Act”), introducing a number of amendments to the text of the Act as proposed by the European Commission (the “Commission”).

The Commission’s proposal for a Regulation establishing a common framework for media services in the internal market (European Media Freedom Act) and amending Directive 2010/13/EU, published on September 16, 2022, aims, inter alia, to safeguard media independence and promote media pluralism across the EU, in addition to establishing specific requirements for Very Large Online Platforms (“VLOPs”) as defined under Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (the Digital Services Act).

This blog post summarizes some of the key developments resulting from Parliament’s proposed amendments in relation to: (i) requirements for VLOPs when removing content of media service providers from their platforms (Article 17); and (ii) the rights of media service providers (Article 4).Continue Reading European Parliament Adopts its Position on the EU Media Freedom Act