This is a very ominous development–not just for fledgling Internet video networks like 18 Doughty Street , Rocketboom, and Hot Air, but for any blogger who incorporates video into his/her site:

EU plans threaten new media development

European Union plans to regulate moving images that will threaten new services such as online games and mobile phone clips, Ofcom said on Wednesday.

The Office of Communications said the findings came from a study it commissioned into the possible impact of the planned EU rules being debated in the European Parliament and member states.

Many new media services were at the early stage of development and may locate or relocate outside the EU to avoid the new rules, Ofcom said.

The rules update existing EU legislation known as television without frontiers, as it was limited to traditional broadcasting.

As proposed, the rules would oversee the content of moving images no matter how they are distributed, such as TV over the Internet or on mobile phones, to ensure the protection of minors and stop incitement to hatred and other abuses.

Britain has campaigned for months to restrict the new rules to television-like broadcasts so that emerging new media services are not affected.

“Ofcom believes that this report highlights some important economic risks inherent in the Commission’s proposals,” the watchdog said in a statement.

Britain is, however, relatively isolated in its push to remove new media from the scope of the EU rules. EU lawmakers handling the legislation say steps are already being taken to tighten that scope to generally avoid including images such as video blogs.

Some regulators say they’ll accomplish that by exempting Myspace and YouTube. But that leaves independent video broadcasters high and dry. This proposal to force Internet innovators to apply for broadcast licenses is an attempt to squash competition under the guise of protecting children and regulating “hate speech.” The Times of London has more on Britain’s attempt to rein in the grabby hands of EU regulators:

THE Government is seeking to prevent an EU directive that could extend broadcasting regulations to the internet, hitting popular video-sharing websites such as YouTube.

The European Commission proposal would require websites and mobile phone services that feature video images to conform to standards laid down in Brussels.

Ministers fear that the directive would hit not only successful sites such as YouTube but also amateur “video bloggers” who post material on their own sites. Personal websites would have to be licensed as a “television-like service”.

Viviane Reding, the Media Commissioner, argues that the purpose is simply to set minimum standards on areas such as advertising, hate speech and the protection of children.

But Shaun Woodward, the Broadcasting Minister, described the draft proposal as catastrophic. He said: “Supposing you set up a website for your amateur rugby club, uploaded some images and added a link advertising your local sports shop. You would then be a supplier of moving images and need to be licensed and comply with the regulations.”

The draft rules, known as the Television Without Frontiers directive, extend the definition of broadcasting to cover services such as video-on-demand or mobile phone clips.

Ministers argue that while television programmes should be subject to minimum standards, the content of websites should not be subject to EU regulation.

Mr Woodward is proposing a compromise that requires EU states to agree a new definition of what constitutes “television”. He said: “It’s common sense. If it looks like a TV programme and sounds like one then it probably is. A programme transmitted by a broadcaster over the net could be covered by extending existing legislation. But video clips uploaded by someone is not television. YouTube and MySpace should not be regulated.”

British criminal law already covers material that might incite hate or cause harm to children, Mr Woodward added. The Government’s definition of online broadcasting covers feature films, sports events, situation comedy, documentary, children’s programmes and original drama. It excludes personal websites and sites where people upload and exchange video images.

“The real risk is we drive out the next MySpace because of the cost of complying with unnecessary regulations,” Mr Woodward said. “These businesses can easily operate outside the EU.”

Ofcom, the media regulator, is also opposing the proposed directive, which it believes could discourage new multimedia business in Europe.

Mr Woodward is seeking EU member state support for the British compromise. So far only Slovakia has pledged support, but Mr Woodward believes that other nations will come onboard before a key EU Council meeting on November 13.

The hate-speech strictures ought to be of particular concern to bloggers who are unapologetically critical of jihad. But this is a regulatory threat that crosses partisan, ideological, and geographic lines. If European videobloggers of all stripes are forced to apply for licenses, it won’t be long until those of us across the pond face those same ridiculous requirements.

Say not to Internet blog licensing requirements. Contact the EU Council here:

Council of the European Union
Rue de la Loi, 175 B-1048 Bruxelles
Telephone (32-2) 281 61 11
Fax (32-2) 281 69 99

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