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About the modernisation process of the Television Without Frontiers Directive
Par Yannick-Eléonore Scaramozzino
THE COMMISSION PROPOSAL TO BOOST EUROPE’S AUDIOVISUAL SECTOR
SUMMARY
On 27 April 2006, Viviane REDING, Member of the European Commission responsible for information Society and Media spoke to CEOs and executives of the Association for Commercial Television about the Commission proposal for a directive on audiovisual media services, adopted on 13 December last year.
The main features of the Commission proposal
The main features of the Commission’s proposal are :
- more flexible, liberal rules for television advertising – without changing the high level of consumer protection with regard to qualitative restrictions,
- some basic obligations for all audiovisual media services – including on-demand, non-linear services – which subject them to the fundamental country of origin principle.
The objective of the Commission’s proposal is thus to ensure that all audiovisual media services providers within the Member States can fully benefit from the internal market on the basis of a set of minimum coordinated rules applied by Member States to media service providers under their jurisdiction.
The Commission’s proposal introduces a basic tier of obligations for all audiovisual media services. This means that for the first time these audiovisual media services would have to comply not only with a set of minimum rules harmonised at the European level with regard to the protection of minors and human dignity, but also in view of qualitative rules concerning advertising.
The proposal also establishes an obligation for providers of non-linear services to promote, where practicable and by appropriate means, production of and access to European works.
A second prominent feature of the Commission’s proposal is that it aims to liberalise the rules on television advertising (i.e. those applicable in the linear environment) and adapting them to the realities of the modern world. Broadcasters will be able to choose the most appropriate moment to insert advertising during programmes instead of being compelled – as is the present case- to allow twenty minutes time between each advertising break. However, cinematographic films, children programmes and news remain protected and may only be interrupted once per each period of 35 minutes time. The proposal also maintains and reaffirms the hourly limit for advertising of 12 minutes and the qualitative restrictions. The first discussions at working level with the Member States seem to indicate a reluctance of some to relax the current quantitative rules. Viviane REDING also currently hears calls for introducing additional rules and restrictions.She has underlined that in a convergent media world with enhanced competition, commercial television and the advertising business clearly need flexibility under the regulatory framework.
Rules on product placement
Concerning the product placement, the Commission’s proposal for the new directive provides clear rules on product placement. This legal framework allows it in certain programmes, in particular in fiction, after clear information to the consumer, while excluding it in sensitive programmes such as news and children programmes. The Commission’s proposal, which introduces more freedom to do business as regards product placement, would allow for an additional source of revenue for productions by broadcasters and a higher level of consumer protection.
According to Viviane REDING, the Commission’s proposal aims at creating a coherent regulatory framework in line with “better regulation principles”, based on most extensive consultations with stakeholders, and simplifying important aspects of the current regulation.
Vital values that the current Television without Frontiers Directive purports to safeguard have been reaffirmed : protecting children from harmful content and safeguarding human dignity from racial hatred : upholding consumer interests, promoting the production of, and access to European works as a prime vector of our cultural values, recognising that advertising is the financial basis of a strong and diverse “free-to-air” audiovisual sector as well as promoting pluralism of audiovisual media by encouraging cross-frontier content provision.
Europe should be a leader on mobile TV
For convergence to be fully effective, the Commissioner has pointed out that we also have to address the barriers that inhibit the wide availability and distribution of audiovisual content online and on other distribution platforms, like mobile delivery. She believes that Europe should be a leader on mobile TV and this will be high on her agenda next year.
She has launched the Film Online Talks, which are about leading the way to a Charter of commendable practices. She is working on a Communication on content online for the end of this year. She has underlined that the Association for Commercial Television cannot expect to protect by policy makers from competition. Policy makers can only create the best possible starting conditions for fair competition and sound business models. For Viviane REDING : “ But it is up to you to rethink your business model for the convergent media world and to take advantage of your know-how as regards competitive audiovisual content.”
Source : The new Television Without Frontiers Directive : The Commission proposal to boost Europe’s audiovisual sector, Viviane REDING, Member of the European Commission responsible for Information Society and Media, SPEECH /06/268 – High Level Conference on the future of the Television Sector of the Association for Commercial Television (ACT), Brussels, 27 April 2006.
Publié sur le site www.scaraye.com le 2 mai 2006
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