The European Parliament approved the Council's common position
on the Directive yesterday. Member States now have two years to
make the Directive national law. It replaces the 1997 TV Without
Frontiers Directive.
The rules do not apply to private websites. They cover an
"audiovisual media service" that is "under the editorial
responsibility of a media service provider". Editorial
responsibility requires "effective control both over the selection
of the programmes and over their organisation either in a
chronological schedule, in the case of television broadcasts, or in
a catalogue, in the case of on-demand audiovisual media services."
A site like YouTube will not be caught by the rules.
TV programmes offered 'on demand' from the internet will be
covered by rules concerning protection of minors and product
placement though not rules concerning the amount of time allowed
for advertising.
Product placement, where a specific product is placed in TV
programmes for commercial purposes, will be allowed only in a
limited range of programmes, and then only under strict rules. It
would be prohibited in news and current affairs programmes,
children's programmes, documentaries and programmes providing
advice. Signals must appear when a programme containing product
placement starts, when it ends and after commercial breaks. Members
states can still choose to have a ban on product placement.
Commercial breaks will be permitted every 30 minutes in TV
films, cinematographic works and news programmes. In children's
programmes, commercial breaks will not be allowed unless the
programmes are more than 30 minutes long. There are no insertion
rules for other types of programmes, such as serials. The maximum
of amount of advertising permitted under the new rules would not
exceed be 12 minutes an hour.
Member States and the Commission are required by the Directive
to encourage media service providers to develop codes of conduct
towards children, for example to preclude junk food commercials
aimed at children.
Parliament also ensured that a provision on access to media
services for disabled people was included in the legislation
itself, and not just the introductory remarks, and included an the
obligation for Member states to ensure that the Directive's
application is overseen by independent regulatory bodies.
The European Commission welcomed the Parliament's vote.
"Today the dawn of Europe's convergent audiovisual services
industry is breaking," said Viviane Reding, EU Commissioner for
Information Society and Media. "With these modernised rules that
improve legal certainty and reaffirm the country of establishment
principle, Europe's audiovisual policies will better meet the
demands of a fast-moving and dynamic industry while maintaining
high consumer protection standards."
"There will be less regulation, better financing for content and
greater visibility to cultural diversity and the protection of
minors," she said.
The new rules will apply fully in 2009.
