>>‘Audiovisual without Frontiers’ directive expected by end 2005

Maryke Lefebvre, of the European Association of Communications Agencies (EACA), offers an overview of the revision of the TVWF directive, and how it relates to advertising self-regulation.

Television programmes and advertisements have been regulated in Europe to the general satisfaction of consumers and industry since 1989, when the first Television Without Frontiers Directive 89/552/EEC was adopted. The directive was amended in 1997 by directive 97/36/EC, and allowed free circulation of TV programmes and advertisements.

Classical television has for some time been gradually moving towards digital transmission modes. Programmes can now be watched from a variety of hand-held devices including mobile phones, hand-held mini-PCs and, of course, via a computer on the internet. Advertisements seen on a TV screen can also direct viewers to further content on satellite platforms or on the internet.

In order to regulate these new forms of content in a manner coherent with the classical, or ‘linear’, televised content rules, the European Commission published six Issue Papers in July that propose a broader coverage of the revised directive to include 'audiovisual content services', defined as moving images with or without sound provided to the general public via electronic networks.

Rules based on general principles of transparency and non-discrimination have been proposed for online content. 'Audiovisual commercial communications' could, therefore, be subject to similar qualitative rules as advertising and tele-shopping in the existing directive.

European industry bodies and associations have opposed this overly enthusiastic regulatory tendency for media such as the internet and proposed giving greater importance in the directive to self-regulation instead.

EASA, supported by its members, has asked the Commission to clearly state its trust in the capacity of self-regulation to allow for responsible advertising and commercial communications on all media.

That the Commission has already been considering such a possibility has been shown by a study it commissioned on Co-Regulation and Media, the results of which should be available – together with the final text of the “new” directive – by the end of 2005.

The Audiovisual Conference to be held from 20 to 22 September in Liverpool, UK, will bring together all stakeholders and member states to discuss the revised directive, and possibly allow a first glimpse of how the Commission has interpreted the responses to its Issue Papers.