EU Broadcasters Warn Smart TV Platforms Evade DMA Regulation in 2026 Open Letter

On March 24, 2026, the Association of Commercial Television and Video on Demand Services in Europe (ACT) and the European Broadcasting Union (EBU) sent an open letter to European Commission executive vice-president Teresa Ribera. The letter argues that connected TV operating systems and virtual assistants now act as gatekeepers by controlling search, recommendations, and app visibility, similar to app stores and search engines on other devices. However, these platforms have not been designated under the Digital Markets Act (DMA), creating a significant regulatory oversight.

The Structural Shift in Content Control

The open letter highlights a structural shift where software layers, rather than hardware, dictate content access. Smart TV interfaces and voice assistants use algorithms and recommendation rows to determine what users see and hear, mirroring gatekeeping practices in digital markets but without regulatory scrutiny. The DMA, designed to curb dominant platforms with rules against self-preferencing and unfair access, currently excludes these TV systems, allowing tech companies to shape audience behavior unchecked. For European broadcasters, this results in reduced visibility and potential marginalization on devices that serve as primary content hubs.

Stakeholder Dynamics: Gains and Losses

If regulation succeeds under the DMA, European TV broadcasters could regain control over content distribution, enhancing their competitive advantage. Content creators and producers may benefit from fairer audience access, and consumers could see improved content diversity. Conversely, tech companies dominating smart TV platforms, such as those behind major operating systems and virtual assistants, face potential revenue loss and market share erosion if forced to comply with DMA rules.

Second-Order Effects and Market Impact

Should the European Commission act, regulatory designations could force changes in smart TV platform operations, such as banning self-preferencing or mandating equal app visibility. This might spur innovation in content discovery methods or prompt tech companies to adapt business models. Inaction, however, could solidify user habits around current platforms, locking in market power and complicating future regulation. Virtual assistants, with their cross-device reach, further complicate this by acting as universal gatekeepers, potentially necessitating new regulatory frameworks beyond the DMA.

The market impact centers on the DMA's potential to reshape digital fairness. Connected TV platforms, a growth area for streaming, gaming, and health applications, might see reduced dominance by few players, fostering competition. European businesses could gain opportunities to develop and compete, but only with effective regulatory oversight. This could lead to more transparent content recommendation systems, affecting advertising revenues and partnerships, and influence global tech strategies based on EU outcomes.

Executive Action and Strategic Steps

• Monitor the European Commission's response closely, including any draft amendments or public statements from Teresa Ribera, to anticipate regulatory changes.
• Diversify content distribution strategies by investing in direct-to-consumer platforms or partnerships outside dominant smart TV ecosystems to reduce dependency.
• Engage with industry groups like ACT and EBU to advocate for fair regulatory frameworks and prepare for potential DMA compliance requirements.

Final Assessment: Urgency of Regulatory Intervention

The broadcasters' warning underscores that delays in regulation could cement tech dominance over European media. With high stakes for content diversity and market contestability, swift action is necessary to prevent irreversible market consolidation. Executives must prioritize strategic agility to navigate this evolving landscape.

Source: The Register