Legislators within the European Union are evaluating the possibility of broadening existing regulations designed to eliminate geoblocking throughout the region to encompass streaming audio-visual content.

Currently, access to platforms such as Netflix is often restricted based on a user’s location within the EU, preventing individuals from accessing content libraries available in other member states. Consequently, if a subscriber attempts to utilize their Netflix account while traveling to another EU country, or wishes to view content exclusive to a different European region, they generally encounter limitations, as previously documented.

This practice conflicts with the fundamental principles of the EU’s Single Market – and its Digital Single Market objective, which aims to create a seamless and borderless online commerce environment, a goal that regulations addressing geoblocking are intended to support.

The European Commission acknowledges the continuing challenges surrounding online access to audio-visual material. In a recently published assessment of the Geo-blocking Regulation, which has been in effect for two years, the Commission announced it will initiate discussions with stakeholders in the audio-visual industry to explore methods for enhancing consumer access to copyrighted content across the EU.

These forthcoming conversations will contribute to the development of the upcoming Media and Audiovisual Action Plan, which seeks to facilitate the growth and expansion of European media companies and their reach to wider audiences. However, the Commission has not yet committed to any specific measures, leaving the ultimate outcome of this initiative uncertain. The entertainment industry’s historical resistance to the free flow of digital content remains a significant factor.

According to a press release accompanying the review, the Commission believes that “greater access to and circulation of audio-visual content will support increasing cross-border demand, including in border regions and for linguistic minorities.”

The review indicates that, on average, a European consumer has access to only 14% of the films available online across all EU Member States (EU27), with considerable differences between countries. For example, viewers in Greece can access approximately 1.3% of the online film selection within the EU, while those in Germany have access to 43.1%.

The assessment also reveals a growing desire – particularly among younger demographics – to access audio-visual content from other Member States, with demand nearly doubling between 2015 and 2019, rising from 5% to 9%.

“A 2019 Eurobarometer survey confirmed the existing interest in accessing audio-visual content offered in different Member States,” the Commission states.

Regarding other forms of copyrighted material – including music, e-books, and video games – the Commission expresses less conviction regarding the necessity for further regulatory changes.

“The Report concludes that extending the regulation’s scope would not necessarily provide substantial benefits to consumers in terms of content choice, as the available catalogs are largely similar (often exceeding 90% overlap) across Member States,” it explains, also noting potential effects on the pricing of these services in different countries.

Following 18 months of implementation of the current Geo-blocking Regulation (which came into force in December 2018), the Commission’s review highlights progress in reducing certain barriers, reporting “a significant decrease in obstacles caused by location requirements, from 26.9% to 14% of approximately 9,000 websites examined.”

“These restrictions previously prevented users from registering on foreign websites due to the requirement of a postal address in another Member State, a crucial step in the online shopping process,” the Commission explains.

“A further reduction in restrictions encountered when accessing websites across borders was observed (such as denied access or automatic redirection), with the remaining instances being minimal (only 0.2% of websites blocking access).”

The regulation is also credited with increasing cross-border delivery purchases, as the improved access to international websites led to a 1.6% increase in the EU27 compared to 2015, with roughly one-third of surveyed websites now offering cross-border delivery.

In a public statement, Thierry Breton, the internal market commissioner, commented: “This initial review of the Geo-blocking Regulation already demonstrates positive outcomes. We will continue to monitor its effects and engage with stakeholders, particularly within the framework of the Media and Audio-visual Action Plan, to ensure the industry can expand and reach new audiences, and consumers can fully benefit from the diversity of goods and services available in the various EU Member States.”