The European Commission is evaluating possible changes to its 2018 regulation “on addressing unjustified geo-blocking,” as part of the e-commerce measures under the EU’s Digital Single Market (DSM) Strategy.
The spirit of the regulation is to minimize “forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market,” under which “customers (across) Member States should be able to purchase under the same conditions as those applied to domestic customers. ”
Sectors that are excluded from the Regulation include the audiovisual, transport, financial services, electronic communications and healthcare services sectors.
Audiovisual industry responses
Voices within the audiovisual industry were loud and consistent in their pleas to maintain that exception. More than 300 responses came from that sector alone. .
“Including the (European audiovisual industry) AV sector in the scope of (the EC’s proposed) Geo-blocking Regulation would threaten 10,000 European cinemas, access to over 8,500 Video on Demand films, and up to 50% of European film production budgets, potentially costing consumers over €9.3 billion annually,” said the Audiovisual Anti-Piracy Alliance (AAPA); in its feedback to the European Commission’s evaluation of geo-blocking regulation.
The Polish New Cinemas Association (PSNK), which represents 80% of the Polish market, added that “the cinema industry relies on 3 key principles which would be endangered by the end of Geoblocking: Territoriality of copyright; Windows and exclusivity.”
“Contrary to common misconceptions, geoblocking is not a barrier aiming at restricting the circulation of content but a mere mechanism that prescribes the exclusive distribution of content per territory,” said Group CANAL+ of France. “A very large proportion of all scripted film and TV in Europe relies on the ability of producers to pre-sell exclusive distribution and other rights to their projects on a country-by-country basis and to leverage those contracts to finance production,” declared the Independent Film & Television Alliance (IFTA).
Sports leagues are especially sensitive to territoriality: “Indeed, the 2024 edition of Audiovisual media services in Europe highlights the fact that only 7% of the TV channels available throughout Europe are pan-European,” said the Sports Rights Owners Coalition of Belgium. “This cultural specificity is even more acute when it comes to sport. Team sports are inherently national, regional or local.”
Respondents included industry-wide and country-specific entities from the film industry, sports leagues, TV programmers, national broadcasters, publishers, as well as some individuals; some of whom contributed anonymously
Bottom line
“Geo-blocking is essential for protecting our members’ intellectual property and exclusive agreements, which are foundational to their business models.” said AAPA.
The target for completion and adoption into law is approximately the fourth quarter of 2025.
Further reading
Call for evidence. Geo-blocking Regulation. Landing page including link to the EC’s 3-page proposal. Includes links to 598 feedback items. Feedback period: 11 February 2025 – 11 March 2025. European Commission.
Feedback from: Audivisual Anti-Piracy Alliance (AAPA). Written document (PDF). Submitted March 11, 2025. Audivisual Anti-Piracy Alliance (AAPA)
The importance of geo-blocking for audiovisual content. Press release. March 12, 2025. Audivisual Anti-Piracy Alliance (AAPA)
Feedback from the Polish New Cinemas Association (PSNK), Written document (PDF). Submitted March 11, 2025. PSNK
Feedback from: Groupe CANAL+ (France). Written document (PDF). Submitted March 11, 2025. Groupe CANAL+
Sports Rights Owners Coalition (Belgium). Written document (PDF). Submitted March 11, 2025. Sports Rights Owners Coalition
Feedback from: The Independent Film & Television Alliance [IFTA]. Written document (PDF). Submitted March 11, 2025. The Independent Film & Television Alliance [IFTA]
REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC. Source: Official Journal of the European Union.
Why it matters
AAPA summed it up broadly: “Maintaining geo-blocking is essential for safeguarding intellectual property and supporting exclusive agreements, which are crucial for our industry’s financial model.
“Geo-blocking not only preserves cultural diversity but also protects jobs in the creative sector. It ensures that local audiences have access to tailored content while allowing for fair competition among broadcasters.
“Abolishing or restricting geo-blocking poses significant risks, including potential revenue losses that could threaten thousands of cinemas and millions of jobs across Europe. To ensure a vibrant cultural landscape and protect the interests of consumers, it is imperative to maintain geo-blocking for audiovisual content,” said AAPA.
