DOWNLOAD PDF FRONTIERS OF EUROPEAN BROADCASTING LEGISLATION

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1 Chapter 1 : Article 10 of the European Convention on Human Rights - Wikipedia Books Advanced Search New Releases Amazon Charts Best Sellers & More The New York Times Best Sellers Children's Books Textbooks Textbook Rentals Sell Us Your Books Best Books of the Month Kindle ebooks Audible Audiobooks. Text "Audiovisual media services without frontiers" Directive The revision of the "Television without frontiers" TVWF Directive aims to adapt and modernise the existing rules. The main objective of this revision is to take account of technological developments and changes in the structure of the audiovisual market. A further objective is to ease the regulatory burden on providers of audiovisual services while facilitating the financing of European audiovisual content. The aim is to achieve a modern, flexible and simplified framework for audiovisual media content. The revision proposed by the Commission is based on a new definition of audiovisual media services, which is independent of the method of broadcasting. Distinction between "linear" and "non-linear" services The new Directive defines the notion of "audiovisual media services" by making a distinction between: In accordance with this distinction, the Directive: All these services will benefit from the country of origin principle and will therefore have to comply only with the legal provisions in force in the country in which they are established. Extending the benefits of this principle to non-linear services will create the best conditions for their commercial success. A new two-stage procedure applies where broadcasters in other Member States are likely to circumvent the stricter rules of the Member State of destination. A dialogue is begun between the two Member States and, where this is unsuccessful, the Commission intervenes in order to assess the compatibility of the measures proposed by the Member State of destination with Community law. Relaxing the rules on advertising The Directive simplifies and relaxes the rules on the insertion of advertising, while encouraging self- and co-regulation. The existing daily limit of three hours of advertising has been abolished. The Directive provides support for new forms of advertising, such as split-screen advertising, virtual advertising and interactive advertising. Product placement is the explicit use by characters in a film of a particular brand of product. The Commission authorises product placement, provided this is specifically identified as such at the beginning of the broadcast. Pluralism in the media Three types of measure are provided for, which aim to promote pluralism in the media: Promotion of cultural diversity The promotion of cultural diversity is ensured by imposing quotas for media content on broadcasters and other service providers. The Directive currently in force reaffirms the commitment of the EU to support European audiovisual works by allowing Member States to impose quotas on broadcasters in favour of European productions whenever this is possible. These flexible rules on quotas work well and the Member States have no problems meeting the quotas, which have permitted the promotion of independent European productions. Key terms used in the act Linear service: Such representation is considered to be intentional in particular if it is in return for payment or for similar consideration. Page 1

2 Chapter 2 : EUR-Lex - l - EN - EUR-Lex European broadcasting policy has attracted attention from many disciplinesbecauseithasdualnature:blog.quintoapp.comokoffers a detailed treatment of European broadcasting law, set against an overview. What would be the impact of Brexit on UK media regulation? So, which areas are likely to change once the UK formally leaves the EU? The precise outcome is difficult to predict, of course, because much will depend on the terms of Brexit. Copyright issues are not considered here. EU law does, however, affect the scope of public service provision insofar as it falls within exceptions to general competition law and state aid rules. Note that the European Broadcasting Union, which is the association of European public service broadcasters, is not set up under EU law and indeed already has members from outside the EU. Given its non-eu law origins, Brexit would not necessitate any change there. It was implemented in the UK by primary legislation: So while the acts would remain, these updating regulations would fall. Notably, the regulations extend the basic level of regulation to video on demand services and introduce rules on product placement. Not all current content standards were derived from the AVMSD but were part of domestic assumptions about content regulation anyway. There is a question about where government policy stands on product placement. Product placement used to be prohibited in the UK, but AVMSD allowed but did not require product placement as long as certain conditions were met. When these rules were introduced, the UK government first stated that it would continue to prohibit product placement, but then changed position and introduced rules allowing the practice. Given that, as outlined above, the relevant regulations would lose their legal basis, does this mean the legal regime would revert to what it was before i. Action would be required to tidy this up, but it is difficult to predict what the political response would be. European quotas and independent quotas would be another area where we might see local change, though political action would be required to effect this as the rules are in the Communications Act. There might also be some concern about the consequences of lost EU funding on Welsh and Gaelic language programme production. Of course, coming out of the EU may give rise to some international trade concerns. The only permitted departure from MFN relates to preferential treatment among countries that are members of regional trading arrangements. Television is considered to be a service falling within GATS. These rules apply in relation to a sector only when a signatory state makes commitments to this effect. The EU and its Member States have so far not entered into such commitments in relation to the audiovisual sector. Will Brexit trigger a reconsideration of this as far as the UK is concerned? If so, to what extent will it be able to resist the dictates of US trade policy when negotiating with the US, particularly with regard to online services? With the loss of the Regulations, there will be no statutory regime, effectively taking us back to a system of self-regulation, if any regulation at all. The Convention does not, however, deal with recent developments in the audiovisual sector, and attempts to update it have run into difficulties as â post-lisbon â the European Commission claims exclusive EU competence in respect of the Member States who are also signatories to Convention. Practical Impact London would no longer be a sensible EU base for pan-euro satellite services or services trying to circumvent inconvenient local rules on advertising to children: Some satellite television companies which are currently based in London may therefore move elsewhere. Taking into account language issues and broad similarity of regulatory approach, Dublin could be an obvious choice. While through leaving the EU the UK may gain some freedom of choice with regards to regulatory approach â especially as regards on-line services â it seems that there may be a significant price to pay in terms of loss of business. Page 2

3 Chapter 3 : The European Union Directive â œtelevision without Frontiersâ Nordicom Television broadcasting activities: "Television without Frontiers" (TVWF) Directive. The "Television Without Frontiers" Directive (TVWF Directive) is the cornerstone of the European Union's audiovisual policy. Text Television broadcasting activities: It rests on two basic principles: The TVWF Directive also safeguards certain important public interest objectives, such as cultural diversity, the protection of minors and the right of reply. General principle The Directive establishes the principle that Member States must ensure freedom of reception and that they may not restrict retransmission on their territory of television programmes from other Member States. Broadcasting and production quotas In order to encourage the distribution and production of European television programmes, Member States must ensure where practicable that broadcasters reserve for European works a majority proportion of their transmission time, excluding the time allocated to news, sports events, games, advertising and teletext and teleshopping services Article 4. The Commission is responsible for ensuring compliance with these two provisions. Under certain circumstances, Member States are authorised to lay down stricter rules where necessary for purposes of language policy. Television advertising and sponsorship The provisions on advertising relate to: Advertising of tobacco and prescription medicines is prohibited. Sponsorship of television programmes is permitted, provided it complies with certain rules. Lastly, news and current affairs programmes may not be sponsored. Protection of minors Programmes involving pornography or extreme violence are prohibited. This ban applies to all other programmes which are likely to harm minors, unless they are broadcast at a time when they will not normally be seen by minors or protective technical measures are in place. Right of reply Any person whose legitimate interests have been damaged by an assertion of incorrect facts in a television programme must have a right of reply. This right shall exist in relation to all broadcasters under the jurisdiction of a Member State. The main elements of this revision relate to the following points: Each Member State may therefore draw up a list of events which have to be broadcast in unencoded form, even if exclusive rights have been purchased by pay-tv channels; teleshopping: The maximum number of windows per day is eight, and their total duration must not exceed three hours per day; protection of minors: It specifies, for example, that Member States must ensure that programmes which are likely to impair the development of minors and are broadcast in unencoded form are to be preceded by an acoustic warning or identified by a visual symbol. The report is accompanied by a work programme setting out the specific themes in need of more thorough examination. These were the subject of an extensive public consultation in the Member States and the candidate countries in Public consultation in The public consultation focused on several themes including the promotion of cultural diversity and the competitiveness of the European audiovisual programme industry, advertising rules, the protection of minors and public order. The Commission received a considerable number of replies. Most recognise that the Directive was a satisfactory and flexible regulatory instrument for the Member States and that it had had a favourable effect on the free circulation of televisual services within the European Union. However, they also highlighted the need to examine certain aspects in more detail, such as the diversity of national legislation, new advertising techniques and the protection of minors in the context of the on-line environment. The communication proposed a dual approach for the review process: To this end, the Commission has consulted experts and has ordered independent studies. Their work centred on: Page 3

4 Chapter 4 : EUR-Lex - la - EN - EUR-Lex commission of the european communities com(84) final brussels, 14th june television without frontiers green paper on the establishment of the common market for broadcasting, especially by satellite and cable. Since, the EU includes fifteen members: Among the most important purposes of the original EEC Treaty were the creation of a Common Market and an increase in economic integration among the Member States. Economic integration was intended both to promote economic prosperity and aid in the prevention of further conflicts such as occurred in World War II. Television policy in the EU reflects the underlying purpose of promoting European integration and abolishing national barriers to the free movements of goods and services within the Common Market. By decision of the European Court of Justice in Sacchi, a television signal is considered a provision of services under Articles 59 and 60 of the Treaty of Rome, and national barriers to cross-frontier broadcasting or the establishment of broadcasters from one Member State in another are intended to be abolished in most circumstances. A directive requires Member States to conform or harmonize their national legislation to standards or criteria laid down in the text of the directive. The TWF Directive, enacted by the Council of the EC in, had the purposes of securing access for viewers and listeners in all Member States to broadcasting signals emanating from any other Member State and the harmonization of EU broadcast advertising standards. The Hahn Report advocated establishment of a unified European television channel and saw satellite television technology leading to a reorganization of the media in Europe and breaking down of the boundaries of national television networks. The TWF Directive lays down minimum standards that, if met by any television program, allow it to freely circulate within the EU without restriction, provided that it complies with the legislation of the country of origin. The directive contains chapters devoted to promotion of television program production and distribution, protection of minors, television advertising and sponsorship, and right of reply. Advertising that promotes discrimination on grounds of race, sex, or nationality; is offensive to religious beliefs; or which encourages behavior prejudicial to health, safety, or the protection of the environment is prohibited or restricted. For example, advertising of alcoholic beverages is restricted, but advertising of tobacco products is totally prohibited. A right of reply is accorded to any person or organization whose legitimate interests have been damaged by an incorrect assertion of fact in a television program. The TWF Directive also lays down two other policies which have an effect similar to the establishment of quotas on broadcasting in the EU. First, the Directive requires Member States to ensure "where practicable" and by "appropriate means" that broadcasters reserve for "European works" a majority of their transmission time, exclusive of news, sports events, games, advertising, and teletext services. During the late s and early s, concern developed in Europe that a single market in television was an economic threat to national broadcasting markets and national media, as well as a threat to cultural and linguistic diversity in Europe. The threat is seen to derive from English language services and productions-originating from the United States, not England--in that only the United States is considered to have film and television industries organized on a scale large enough to take advantage of the single market. Indeed, one report indicates that the European market is largely dominated by United States productions in a proportion of These are collectively intended to support and stimulate independent production and distribution networks for European works which are currently considered noncompetitive with U. European Union television policy thus simultaneously pursues the economic objective of creating a Single Market in broadcasting along with the fostering of cultural pluralism and protection of existing national and subnational broadcasting markets and institutions. The "Television Without Frontiers" approach, rooted in the fundamental purpose of the EU, has so far had more impact than other protectionist policies. However, there are sharp differences between Member States which could ultimately lead to less economic integration and more cultural and economic protectionism. In, the TWF Directive was the subject of debate at the European Commission level concerning possible revision, but consideration of any amendments will be forthcoming. Office for Official Publications of the European Page 4

5 Communities, European Parliament, "Report on radio and television broadcasting in the European Community. Silj, Alessandro, with Manuel Alvarado. The European Challenge to American Television. British Film Institute, Wallace, Rebecca, and David Goldberg. Chapter 5 : "European Unification - Broadcasting Law - Eastern Europe and the "Tele" by Christopher B. S The "Television Without Frontiers" Directive, Cornerstone of the European Broadcasting Policy By Patrice Aubry, attorney at law, Geneva Published in agreement with the author on the. Chapter 6 : What would be the impact of Brexit on UK media regulation? LSE Media Policy Project The coordination of national broadcasting laws was partial in that it did not cover all areas, and minimum, in that member states were free to impose higher standards on their broadcasting industry if they so wished (European Court of Justice, ). Page 5