Subject: FW: To the Attention of the European Board for Digital Services: Commercial Television and VoD Services on trusted flagger qualification
From: "MKM info"
To: "MKM info"
Date: Mon, 20 May 2024 08:08:47 +0300

From: Grégoire Polad <[email-masked] <mailto:[email-masked]> >
Sent: Friday, May 17, 2024 9:03 AM
Subject: To the Attention of the European Board for Digital Services:
Commercial Television and VoD Services on trusted flagger qualification
Importance: High

Official letter attached

Dear Members of the European Board for Digital Services,

RE: Commercial Television and VoD Services on trusted flagger
qualification

As we approach the meeting of the Digital Services Coordinators scheduled
for May 28, 2024, I wish to highlight ACT's ongoing emphasis on the
importance of the trusted flagger status and its granting to our members.

For context, this is a point we have repeatedly underlined in our contacts
with the Institutions throughout the negotiation process of the Digital
Services Act (DSA); diligently providing insights and rationale as to why
the status should include more than collective interests. We were
therefore pleased and reassured that the co-legislators unanimously
approved in their final agreement an increase in the scope for qualifying
entities under the trusted flagger regime.

As such we are surprised and concerned to see that many Member States may
currently be taking dispositions that may result in a restrictive or
two-speed interpretation of Recital 61. As you are aware, Recital 61
encourages industry associations representing members' interests to apply
for the trusted flagger status yet also clarifies that entities
representing private interests are eligible for this status.

It is imperative that DSCs align with both the spirit and letter of the
law. The criteria outlined in Article 22.2 are the only mandatory
requirements within the Regulation. Any deviation from these standards
would contradict the clear intention of the co-legislators to allow
private entities to be eligible for the trusted flagger status.

ACT remains a staunch advocate for the recognition of IP rights holders
and their partners as trusted flaggers. We appreciate the co-legislators'
proposal to formalise the attribution of this status through the
involvement of an independent third party, namely the Digital Services
Coordinators. Equally, as recognised in the 2023 European Commission
Recommendation on combating online piracy of sports and other live events,
this type of contents economic value is exhausted at the end of the live
broadcast. This is why immediate take down is essential and where trusted
flagger status for private entities can deliver results in tackling
piracy.

I thank you for your kind consideration of the above and remain at your
disposal should you wish to discuss this in further detail.

Yours sincerely,

Grégoire Polad

Copy to:

*	European Commission, DG CNCT Office of Director General & relevant
services
*	Council of Ministers, Internal Market attachés

Grégoire Polad | Director General | Association of Commercial Television
and Video on Demand Services in Europe

Rue des deux églises, 26 | 1000 Brussels | Belgium | T: +32 2 736 00 52 |
M: +32 495 24 64 65 |
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