| Author (Person) | Nikoltchev, Susanne |
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| Author (Corporate) | Council of Europe: European Audiovisual Observatory |
| Publisher | Council of Europe |
| Series Title | IRIS Special |
| Series Details | 2011-1, Number 1 |
| Publication Date | 2011 |
| ISBN | 978-92-871-7301-0 |
| Content Type | Textbook | Monograph |
Summary:This publication looks at the troubles caused by the new task of regulating non-linear – commonly referred to as on-demand – audiovisual media services. Similar to the fact finding letters of the European Commission, it starts with questions related to how member states defined on demand audiovisual services in transposing the AVMSD. To this end, the publication first explores the technical setting for Internet–connected devices and hybrid TV services that may potentially increase that particular regulatory challenge by turning linear and non-linear services into Siamese twins. The publication then recalls in some detail the very complex solution that the AVMSD has chosen to delineate the different kinds of media services, including those that might not be covered by the scope of the directive but possibly by other EU rules. Thereafter it turns to the special approach chosen by member states for their definitions and their struggle to find solutions that comply with EU requirements, are technology-proofed and compatible with the existing national legal systems. Ideally they should also appeal to common sense and be manageable in practice. Thereafter the IRIS Special concerns itself with the call of the AVMSD for increased use of self- and co-regulation. More precisely, it offers its readers first experiences with these regulatory forms. The examples stem from the United Kingdom and Germany and were gained in the areas of protection of minors and commercial communications. Another cluster of contributions summarises observations, comments, and questions that consumers, the industry or regulators may include in a fact finding letter were they to send one to the European Commission or a member state. In addition, the IRIS Special contains the essence of a round table discussion on all those issues and an overall summary of the presentations that were given to stimulate that discussion. Table of Contents:
At the end of 2011, the European Commission will report for the first time on the application of the Audiovisual Media Services Directive. The Commission’s letters to member states asking for information in this connection were unusually long and detailed, thus indicating the difficulties experienced in incorporating the Directive into domestic law. These difficulties mainly arise with respect to regulating non-linear audiovisual media services. For this reason, in April 2011 the European Audiovisual Observatory and the Institute for European Media Law invited 25 experts on audiovisual media law to a workshop at which an assessment was made of the situation with regard to the regulation of on-demand audiovisual services. The principal questions for discussion were how the new provisions on the scope of the Directive have been incorporated into domestic law and how member states have handled the possibility of promoting the self- or co-regulation of on-demand audiovisual services. The papers on which the workshop was based and a detailed report on the discussions that followed the various contributions are summarised in this IRIS Special and form a comprehensive overview of the possible regulation. After reading this IRIS Special, the somewhat provocative question in the title, 'Chaos or Coherence?', can probably be answered by establishing that the regulatory landscape in Europe is characterised by both chaos and coherence. |
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| Source Link | Link to Main Source http://www.obs.coe.int/ |
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| Subject Categories | Business and Industry, Law |
| Subject Tags | Audiovisual | Media Services, EU Law, National Law | Legal Systems |
| Countries / Regions | Germany, Italy, Netherlands, United Kingdom |
| International Organisations | European Union [EU] |
