The Audiovisual Media Services Directive covers all EU audiovisual media services (including on-demand services) in the digital age. It amends and renames the Television without Frontiers Directive, providing less detailed but more flexible regulation. And it modernises TV advertising rules to better finance audiovisual content. The directive must be transposed in national law by the end of 2009.
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The Audiovisual Media Services Directive extends to all audiovisual media services the country of origin principle. It means that each service must comply with the rules of the country in which its provider is located. The enforcement of the rules is the responsibility of that EU Member State. Service providers can therefore easily identify the rules applicable to them and EU Member States share responsibilities on a clear and straightforward basis. At the same time, the principle promotes media pluralism by opening up national markets to competition from other EU countries.
Protecting the viewers
As on-demand services become increasingly popular, ithe European Commission believes that t is important to protect an appropriate economic foundation for all audiovisual media service providers. The Directive introduces a set of rules for commercial communications right across the new audiovisual environment, and also updates the rules on television advertising. As a result, users now benefit from general requirements that make advertising and commercial messages readily recognizable, protect human dignity, and abstain from using surreptitious and subliminal techniques.
The Directive sets clear rules for the so called product placement technique which is used to include or to refer to products in film scenes or as part of certain audiovisual programmes. Programme sponsorship has to abide by the same rules in all audiovisual media services.
The existing ban on tobacco advertising is extended to on-demand services. The same applies to the portrayal of alcohol thus giving special consideration to the protection of minors. The Directive also addresses for the first time the issue of ‘fatty foods’ in commercials linked to children’s programmes.
Broadcasters benefit from more flexibility as regards the insertion of spot advertising within the established hourly limit of 12 minutes for advertising and teleshopping spots. In this manner, all service providers can better exploit the potential of audiovisual commercial communications, while a high standard of consumer protection is ensured.
Source: European Commission
