TV and streaming platforms face the challenge of visibility: the Regional Administrative Court upholds Agcom’s safeguards
Google, Samsung and Anitec-Assinform have lost their appeal against the rules on prominence: nine icons on the home page to make services of general interest more accessible. Confindustria Radio Televisioni is satisfied.
Simply being there is not enough. Amidst the clutter of digital screens, a television or radio programme may be available yet remain virtually invisible. This is the true essence of prominence – a battle in which broadcasters and the tech world are pitted against one another. At stake is bridging the gap between the existence of content and the actual possibility of finding it. And in this age in which we are bombarded with stimuli and demands, the stakes become (almost) vital.
Appeals dismissed
The news: the Lazio Regional Administrative Court has dismissed the appeals lodged by Samsung Electronics, Google and Anitec-Assinform against the AGCOM guidelines, which ensure that audiovisual and radio media services of general interest are given due prominence. At the heart of the dispute is Resolution 250/25/CONS, which sets out the criteria for classifying services of general interest, the devices and interfaces involved, and the procedures for implementing the measures. The reference is to Article 29 of the Consolidated Law on Audiovisual Media Services: the protection of access to content extends to the tools through which the public searches for and selects it. AGCOM
Visibility
The English word ‘prominence’ therefore raises a very practical question: how easy is it to access a service amongst competing apps, menus and offerings? A service’s position on the screen can influence the viewer’s choice even before they have decided what to watch. And behind that positioning, commercial relationships between global platforms and manufacturers of connected devices also come into play.
The administrative judges recognised that the mere availability of content does not, in itself, guarantee that it will actually be accessed. What matters is visibility, ease of access and positioning on user interfaces. The Regional Administrative Court therefore held that the AGCOM rules ensure a balance between the need to give prominence to services of general interest and the economic interests at stake, helping to correct the asymmetries arising from commercial agreements.
Content accessibility
“Today, the challenge is not merely the existence of a diversity of content, but also ensuring that citizens can actually access it,” says Antonio Marano, president of Confindustria Radio Televisioni, who expressed his satisfaction with the Regional Administrative Court’s ruling. “Ensuring adequate visibility for services of general interest means strengthening the right to reliable, high-quality and independent information, which is essential to the country’s democratic life.”
