Watchdogs to screen TV advertisers

Date: 02/04/1998

By Peter Chapman

TELEVISION watchdogs in the European Commission are set to investigate claims that some member states are allowing advertisers to interrupt programmes more often than is permitted under EU rules.

The Commission is launching a Union-wide study in response to complaints from consumer groups in Spain, Portugal and Greece that broadcasters in all three countries are systematically exceeding the advertising time-limits laid down in the 1989 Television Without Frontiers Directive.

"We have a number of complaints about the advertising rules. There seems to be a problem. A study will show whether or not there is any evidence to go further," explained a Commission source.

Under the terms of the directive, broadcasters must not interrupt films more than once every 45 minutes and advertisements cannot be screened at all during news, religious, documentary or children's programmes which are less than 30 minutes long.

The legislation also limits the number of 'spot adverts' placed in regular breaks in programmes to 15% of broadcasting time, and states that attempts to sell goods directly to the public should not take up more than one hour of air-time a day.

If officials working for Audio-visual Commissioner Marcelino Oreja find evidence of a breach of EU rules, the governments concerned could face legal action in the European Court of Justice for failing to implement the directive.

The study could also target rule infringements by other member states, even if no complaints against them have been lodged with the Commission.

"We do not always act on a case-by-case basis. What we are doing is much the same as competition officials have done. They launch a study into a particular sector such as telecoms and see if there is cause for action," said the source.

Italy has already been hauled before the ECJ this year for a catalogue of alleged failings in implementing the directive.

The Commission accused Rome of ignoring EU rules governing the way advertising is inserted in programmes other than films. It said Italy had failed to stop advertising during news and religious broadcasts, allowed more publicity breaks in films than permitted by the directive and ignored a rule requiring broadcasters to give the majority of air-time to European productions "where practicable".