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Beyond TV: new EU rules for audiovisual content

OUT-LAW News, 12/07/2005

The provision of audiovisual content services – by television broadcast, broadband or 3G – needs a new legal regime, according to the European Commission, which plans to replace the Television Without Frontiers Directive of 1989.

The Commission published its initial thoughts – based on earlier consultations – and launched a new consultation today. It wants comments by 5th September before it starts writing the new law. According to Viviane Reding, the Commissioner responsible for Information Society and Media, the new law will "give Europe’s media industry the most modern and flexible rules in the world."

The Commission believes that telecom providers soon will be able to deliver broadcasting services in a quality equal to traditional TV, while traditional content providers will enter the communications markets.

Ms Reding promised better competition and consumer choice together with protection for children and cultural diversity in the new regime. "Existing rules, which have been overtaken by technological and market developments, must be abolished,” she said.

The 1989 law already has protections against TV programmes that are likely to impair the physical, mental or moral development of minors. But this may be tightened to address online content. The new consultation refers to a Commission Communication, adopted 1st June 2005, that acknowledged the challenge of making all platforms delivering content "safer from fraudsters, harmful content and technology failures."

Today's consultation suggests leaving it to member states to "take appropriate measures" to protect children but encouraging them "to put in place systems of co-regulation or self-regulation as well as systems of filtering, age verification, labelling and classification of content."

It also recommends a rule that obliges member states to ensure that audiovisual content services do not contain any incitement to hatred based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

Another consideration is a possible new right for a broadcaster to show short reports from a broadcaster in another member state – so that a big part of the public in one country is not excluded from seeing important events from another country on free TV.

The consultation also looks briefly at the rules on advertising spots, product placement, programme sponsorship and teleshopping.

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