EC Audiovisual Conference Debates New Media Rules

Michael Hedges September 19, 2005

The European Union’s main policy experts, regulators, broadcasters, legislators along with industry and employees associations will gather in Liverpool to “facilitate expert discussion of the revision of the Television Without Frontiers Directive.”
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The conference title, “Between Culture and Commerce,” barely hints at the quagmire facing Directorate General Information Society and Media (DG Info) Commissioner Viviane Reding in bringing Television Without Frontiers (TVWF) into this century. In a noteworthy attempt to keep the debates from rambling on into the next century, DG Info released in July six thematically organized issues papers, then invited all interested parties to comment, for which they were given a 60 day deadline.

“I want the new rules on audiovisual content to be an example of better regulation,” said Mrs Reding in July. Her stated preference has been for a “lighter touch” on audiovisual regulation, at least as applied to traditional broadcasting, but making sure new services (i.e. the internet) comes under the EC guidance. Legal experts familiar with Commission thinking say all audiovisual components will fall under a revised TVWF, the e-Commerce Directive or the Services Directive.

The Television Without Frontiers Directive was an attempt at codifying throughout Europe audiovisual practices, largely regarding television, to promote European content and regulate advertising practices. This was in 1989, the year Google founders Sergey Brin and Larry Page passed their 17th and 18th birthdays, respectively. Very respectively! TVWF was amended in 1997 but the European Commission has had little success since syncing the idea with the technical and commercial realities of a global audiovisual sector, not to forget 10 new Member States.

That stupor ended when Mrs Reding became, for lack of a better term, Europe’s Media Czar. The issues are complex but that need not hinder either the debate or, inevitably, a new set of codes. The deadline for a revision of TVWF is the end of this year.

“We all live in our yellow submarine…”

Conference delegates will, no doubt, attempt to sway European rule makers with their legal, cultural and economic arguments. Members of the European Parliament are politicians, after all, and not media experts. At least 20 organizations, associations and other interested parties have released formal statements ahead of the conference, setting out positions and concerns. Some interests are very narrow, like Brewers of Europe and European Public Health Alliance on alcohol advertising. Others, notably the European Broadcasting Union (EBU) are vested in each and every issue.

A new look at TVWF means, ultimately, a new look at the entire audiovisual sector. Topping that agenda, in almost universal agreement, are new services, meaning all the clever digital platforms that have risen to the surface since the 1989, and those services that jump into the metaphysical – non-linearity.  DG Info adopted language in previous communication dividing audiovisual services into (a) linear – scheduled delivery and (b) non-linear – from downloading to PVR recording. This, then, opens the likelihood of adding audiovisual services other than television to TVWF.

Adding non-linear services, those at users control, is a leap because it travels beyond regulating the activities of broadcasters and on to regulating consumers. So concerned with the trans-border effects of on-line media are the Commission, Parliament and public broadcasters that the addition is all but certain.

"Try and see it my way..."

The Advertising Standards Authority (ASA) opposes the addition of non-linear “commercial communication” (i.e. advertising) as unnecessary and “containing unrealistic expectations.”

The Bishops’ Conference of the European Community (COMECE) argues for including radio within technology neutral rules covering as a means of extending protections to minors.

In its comprehensive position paper, the EBU notes, as it argues for the addition of non-linear services to the Directive, that viewers are “unaware of, or indifferent to, the transmission technology.” However, the EBU opposes including radio broadcasting in any revision of TVWF.  

The practical issue of adopting new rules – these things do take time – is one of the arguments of the Broadband Stakeholds Group against including non-linear services. They also argue that a better solution for all would be relaxing many of the current broadcast (linear delivery) rules. And they argue for a concurrent review of TVWF and the e-Commerce Directive.

“But tomorrow may rain…”

Another private sector stakeholder, The International Communications Round Table (ICRT), questions the entire approach. “Imagine,” it muses in its comments on the Issues Papers, “how much more difficult it will be to categorize services in 2010 when the new directive would come into place.” The ICRT counts the aforementioned Google in its membership.

EURO-MEI, representing unions and employee associations in the audiovisual sector, sees revision of TVWF as necessary “to insure the protection of the services of general interest in future as well as to adapt the regulations to the new digital environment.” The developing new platforms, they argue, are no reason for relaxing current rules as “new transmission methods should not be confused with new services.”

The Liverpool Conference will tackle the audiovisual rules question from almost every aspect. Is radio in or out? More or fewer rules for advertising? What might the future bring? What effect will the revised Directive have on employment in or competitiveness of the audiovisual sector. MEPs will certainly receive an education.

Fortunately conference organizers, in part the co-host UK Culture Ministry, has arranged an outting to Liverpool's Beatles Museum.

ftm Follow Up & Comments

European newspaper publishers express strong concern over “Television without Frontiers” Directive revision. - September 20, 2005

text of European Newspaper Publishers’ Association (ENPA) press release, edited, emphasis added

ENPA firmly believes that newspapers in all their forms of delivery should be kept out of the Directive because of their special role in society that gives them their unique personality. ENPA also believes that newspapers should not be treated just like any other electronic media. Any audiovisual content that newspaper publishers present on their websites is a complement to written content appearing on the site and has not yet found a business model.

ENPA Director Valtteri Niiranen said: “ENPA sees a strong case for excluding from the Directive where the principal function of a particular electronic news communications service is not to provide television programme services or audiovisual extracts, but where the audiovisual feature clearly only forms a minority segment of the delivery options available through that electronic news communications service. There are a number of issues which raise legal uncertainty for publishers if their publications fall under this Directive.”

ENPA refutes the statement in one of the Commission Issue Papers issued before the summer break that publishers are simply concerned by a transfer of advertising revenues to the broadcasting sector as ENPA also has strong views on protection of editorial integrity in the Directive. ENPA believes that it is essential to keep the principle of separation between advertising and editorial content in the Directive, in addition to the principle of identification of advertising. If this is not respected, new techniques will mislead the consumer as to what has been paid for in the content and publishers also want to avoid further pressure from advertisers who demand unreasonable manipulation of editorial content.

Publishers are also taking a strong stand on product placement for these reasons, stating that the EU should not include an approval of product placement in the revised Directive. Rather, each national-level authority should retain the right on whether to permit this in the detail of their legislation.

ENPA also calls for a definition of short reporting to be included in the revised Directive to prevent unjustified instances of reporters being denied access to content.