Television without Frontiers: 2003 work programme aimed at reviewing the Directive, January 2003

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The regulation of Europe's audiovisual industry is set to come under scrutiny in 2003 following the adoption by the European Commission on 7 January 2003 of the fourth report [COM(2002)778] on the application of the Television without Frontiers Directive (TVSF) and a work programme aimed at reviewing the Directive.

Over the course of 2003, the European Commission proposes a series of consultations with key stakeholders about four key issues central to the Community rules in the audiovisual industry, namely: public access to major events; the promotion of cultural diversity, television advertising and the protection of minors.

Viviane Reding, the European Commissioner responsible for education and culture, hopes that the debate will provide her and her colleagues with 'concrete guidelines' that will enable them to submit a Communication on future changes to the TVSF Directive by the end of 2003.

Background

The Television without Frontiers Directive [Direcitve/89/552/EEC] was introduced in October 1989 as a fundamental part of the EU's audiovisual policy. It provides effective regulation in the broadcasting sector ensuring the free movement of programmes within the European Union whilst also pursuing certain cultural objectives through the protection of certain general interests. In particular, the Directive co-ordinates the legislation of individual Member States in the following areas:

  • Television broadcasts
  • The production and distribution of European programme content
  • Public access to major events
  • Television advertising and sponsorship
  • Protection of Minors
  • Right of Reply

More background information on the Television Without Frontiers Directive can be found in European Sources Online's previous In Focus on the issue entitled: Television Without Frontiers Directive - Third Report.

Review of the Television Without Frontiers Directive

Under Article 26 of the 1989 TVSF Directive the European Commission is required to submit a report on its application every two years and, if necessary, propose appropriate changes. On the basis of the first report produced in 1995 the Directive was revised, resulting in the adoption of Directive/97/36/EEC on 30 June 1997. The amended Directive called on the European Commission to produce a follow up report by the end of 2000.

Since 1997, there have been a further three reports [COM(97)523; COM(2001)9; COM(2002)778] including the report published on 7 January 2003. At a meeting of the Culture and Audiovisual Council on 23 May 2002 it was decided that the TVSF Directive should undergo an in-depth review. On the basis of that decision the European Commission opted to propose a work programme for a possible review of this Directive in its fourth report.

Fourth Report on the application of the Television Without Frontiers Directive

The European Commission's fourth report on the application of the TVSF Directive opens by outlining the current audiovisual landscape in Europe, noting in particular the proliferation in the overall number of channels available as well as the increasing number of channels received in more than one EU member States. However, the report notes that this increased choice has had little affect on the average viewer's behaviour and the TV audience remains concentrated around a limited number of channels.

With regards the transmission of TV programmes, the report finds that an increasing number of people receive digital programmes via satellite although terrestrial digital television has yet to make much of an impact.

The number of reality shows and domestic TV fiction broadcast during 'prime time' has increased whilst US fiction products tend to be broadcast at other times. In 2000, the EU's trade deficit with the United States on the television rights market was estimated at 4 billion dollars.

As for the application of the TVSF Directive in the EU's Member States, the report highlights the use of Article 3a of the TVSF Directive concerning the broadcast of major events, particularly sporting ones. To date, Italy, Germany, the United Kingdom and Austria have all drawn up a list of such events and Belgium and Ireland are in the process of doing so. With regards to the rules on advertising, the European Commission has received a number of complaints about failure to comply with the hourly and daily limits on advertising. The European Commission has also established that the rating systems used to ensure that minors are protected from what might be termed 'inappropriate' programmes vary widely between the Member States and depending on the form of distribution, for example in the cinema or on home rental video.

Work programme for review of the TVSF Directive

On the basis of the report's findings and consultations with the relevant stakeholders, the European Commission has identified four specific themes that will be dealt with during the work programme. They are:

  1. Access to events of major importance: the European Commission is to discuss with stakeholders whether the current provision needs to be improved
  2. The promotion of European works: this debate will centre on whether programming quotas should be set up to ensure that European programmes are promoted. The current proposal is that a majority of airtime should be allocated to EU programmes with 10% reserved for programmes made by independent producers. The definition and exploitation of on-line rights will also be discussed.
  3. Rules on advertising: the European Commission intends to investigate whether the rules on advertising in the current Directive still comply with the principle of proportionality. Possibly, the increased number of channels and availability of interactive television have made the current quantitative restrictions on advertising redundant. By the same process, the rules on quality and /or presentation of advertising may need to be clarified. Self regulation may offer a more effective way of protecting the general interests covered in the Directive
  4. The protection of minors: the European Commission will examine, in consultation with relevant stakeholders, whether there should be greater consistency in the rating systems applied to various types of broadcasting to ensure that the health of minors is protected.

In addition to these four key areas, the work programme will also examine whether the right of reply, which currently only covers television, should be extended to other forms of broadcasting. The European Consumers' Organisation believes that the right of consumers to complain should be extended to all forms of electronic media.

The debate on advertising is likely to prove the most controversial with the European Publishers Council calling for no more restrictions on advertising and opposing any attempt to extend rules that currently cover the broadcasting sector to electronic media.

The European Commission is planning to hold a series of public hearings during the first half of 2003. If it decides to proposes amendments to the TVSF Directive then these are likely to be submitted to the European Commission by the end of 2003 as part of an 'audiovisual package' along with a proposal for the programme that will succeed MEDIA plus (programme which provides financial support for the development of the European audiovisual industry) when it finishes in 2006.

Further information within European Sources Online:

European Sources Online: In Focus:
Television without Frontiers Directive - Fourth Report
 
European Sources Online: European Voice:
21.03.02: Review of TV law must strike balance to guarantee the best reception for all
21.03.02: Flexible framework will boost digital revolution
28.03.02: Culture chief eyes 'radical' TV overhaul

Further information can be seen in these external links:
(long-term access cannot be guaranteed)

EU Institutions

European Commission:
 
DG Press and Communication:
  Press Releases:
    08.11.02: Television broadcasters are devoting an average of 62% of their transmission time to European works, and steadily improving the 'quotas' provided for in the 'television without frontiers' Directive [IP/02/1632]
    07.01.03: What changes will be made to the Community's audiovisual policy? Work programme for reviewing the 'Television without frontiers' Directive [IP/03/6]
 
  Speeches:
    21.03.02: European Voice Conference on 'Television without Frontiers' [SPEECH/02/120]
    21.03.02: The New Communications Directives and their benefits for the Audiovisual Sector [SPEECH/02/124]
    10.06.02: UK's draft Communications bill and the Community's audiovisual policy [SPEECH/02/276]
    13.06.02: The transnational dimension of television in Europe and its future [SPEECH/02/282]
    17.10.02: The challenges facing a future European regulatory system for media and communications [SPEECH/02/490]
 
  Memos:
    07.06.02: Study on the development of new advertising techniques and their regulatory implications [MEMO/02/130]
 
DG Education and Culture
  Audiovisual Policy
  The new 'Television without Frontiers' Directive
  Fourth Report on the application of the Television without Frontiers Directive [COM(2002)778 final]

Miscellaneous Organisations

European Publishers Council:
Home
Factsheet: Television without Frontiers [April 2002]
 
European Consumers Organisation (BEUC):
Review of the TWF Directive: General comments

Helen Bower

11 January 2003

On 7 January 2003 the European Commission adopted the fourth report on the application of the Television without Frontiers Directive (TVSF) and a work programme aimed at reviewing the Directive.

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