The European Commission has released a new draft proposal to update the EU's "TV without Frontiers" Directive. In a press release, the Commission notes the proposal is intended to keep pace with rapid technological and market developments in Europe’s audiovisual sector. Highlights from the press release:
- The proposal will create a level playing field for all companies that offer TV-like services, irrespective of the technology used to deliver them (e.g. broadcast, high-speed broadband, third generation mobiles).
- The Commission proposes replacing disparate national rules on protection of minors, against incitement to racial hatred and against surreptitious advertising with a basic, EU-wide minimum standard of protection for audiovisual on demand services.
- Under the Commission proposal, the modernised TV without Frontiers Directive would govern TV and TV-like services. To open up the present EU rules to technological developments, the proposal distinguishes between “linear” services (e.g. scheduled broadcasting via traditional TV, the internet, or mobile phones, which “pushes” content to viewers), and “non-linear” ones, such as on-demand films or news, which the viewer “pulls” from a network. Today’s TV broadcasting rules would apply to linear services in a modernised, more flexible form, whereas non-linear ones would be subject only to a basic set of minimum principles, e.g. to protect minors, prevent incitement to racial hatred and outlaw surreptitious advertising.
- More flexible advertising rules: For scheduled broadcasting, the Commission proposes to remove red tape, make existing rules more flexible for new forms of advertising, and encourage self- and co-regulation. Instead of detailed prescriptions on how often and under which conditions programmes may be interrupted by advertising, the modernised Directive would simplify the existing EU rules. In the future, broadcasters would be able to choose the best moment to insert advertising in programmes, rather than being obliged, as they are now, to allow at least 20 minutes between advertising breaks. However, the quantity of advertising would not be allowed to increase as the Commission proposes to maintain the existing 12 minutes per hour ceiling.
- The new Directive would also support new forms of advertising, such as split-screen, virtual and interactive advertising. Product placement would, for the first time, be explicitly defined and provided with a clear legal framework. Except in news, current affairs and children’s programmes, clearly identified product placement would be permitted in Europe, both in linear and non-linear audiovisual services. To prevent surreptitious advertising, consumers would be informed at the start of a programme that product placement is in use. These new rules should remove legal uncertainty, provide additional funding for European productions and thus enhance the competitiveness of Europe’s audiovisual sector.
[Via Roger Darlington's blog]