GSMA和Connect Europe对地理封锁监管评估的看法——公开公众咨询

December2025 In light of thisconsultationand the opportunity for stakeholders to raise issues regardingthe implementation of the Geo-blocking Regulation—particularly the potential inclusionof audiovisual services—Connect EuropeandtheGSMA,representing the Europeantelecommunication sector,aim to highlight key concerns andhighlightthe importance ofkeepingaudio-visual media servicesoutside the scope of this regulationas is today thecase followingArticle 1(31). The following points outline the reasoning behind thisposition. 1.On the importance of territorial exclusivity licenses Connect EuropeandtheGSMAemphasize the importance ofterritorial exclusivityinaudiovisual works asthis principle supports investmentin current production and avariety of distribution models.This follows from the exclusion ofaudiovisual servicesunder article 1(3) of theGeo-blockingRegulation.Territorial exclusive licensing is a key tool for producers when raising funds for new projects. It is indeed fundamental for Europe’s AV businesses.According totheOxerareport, “The impact of including AV in the EU GeoblockingRegulation2”,92% of theindustry says that territorially exclusive pre-sales are very important to the functioning oftheirbusiness.Territorial content exclusivity enables distributors and platforms todifferentiate their offerings by investing in localized marketing and promotion, ultimatelydriving greater demand for their content. Maintaining contractual freedom for producersis essential, as it maximizes their ability to secure funding and recover investments,fostering a dynamic and sustainable European audiovisual industry. This is especiallycrucial for producers of high-quality local European films and TV series, who increasinglyrely on financing models that help mitigate production risks—such as co-productions andpre-sales—to support new content development. For instance, pre-selling agreementscan significantly reduce the financial risks associated with production. Releasing new works on a territory-by-territory basis adds significant value to bothconsumers and the industry. It allows works to be "incubated" in their domestic territorybeforeexpanding internationally,increasing the value of the rights for foreigndistributors3. It also enables local distributors to tailor promotion and release strategiesto specific cultural preferences and audience demands, highlighting the importance oflocal tastes and requirements. Additionally, it helps mitigate the risks associated withacquiring new content by giving distributors, online platforms and broadcasters theopportunity to assess a work’s success in itsdomestic territorybefore committing to widerdistribution. In conclusion to this first point, expanding the scope of thegeo-blocking regulation toaudiovisualservices would undermine the value-generating strategies of the audiovisualindustry, increasing the risk of under-recovery for producers and distributors investing in theirproduction of new content.Indeed,in order to remain competitive and todifferentiate their services, it isincreasingly important for broadcasters and onlineservices to have exclusive content in the territories they operate in. 2.Negative impact on consumersdue toincrease in the price of services. •Includingcopyright-protected works within the scope of the Geo-blockingregulation couldnegatively impact consumers, especially those with lower-income, as it will limit choice in content, distribution and access options acrossEuropedue toprice increasefrom an impact of higher costs of content rightsandsmaller relevant audiences. Currently, multi-territory broadcasters and online services can acquire the rights to awork in different territories(Member States)at different prices, or on different terms. Forexample, abroadcastermay acquire rights to one territory as a pre-sale and in anotherterritory after the title has already been produced. If thesebroadcasterswere to beprohibited from geo-blocking across the territories for which they hold rights, it couldundermine the economic case for acquiring rights in certain territories; or may lead to anincrease in prices, as highlighted in theOxerareport4.Although the Oxera report is from2016, we still consider themain findingsof considerable consumer detrimentvalid.Consequently, increasing the prices of licensing (as it includes a larger territory) will makeconsumers have less access to the content as they will have to pay higher prices for filmand audiovisual services. •A potentialexpansion of the scope of theGeo-blockingRegulation is likely tomainly benefitglobal contentplatformsof which, none are European. Extending theGeo-blocking Regulation to audiovisual services will undermine theeconomic sustainability ofEuropeancreative industry and will erode contractualfreedomat all levels of the value chain andwill only benefitglobal contentplatformsthat have the economic power to sustain European licensesandalready today,operate in countries across Europe. It wouldsoonsquee