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TWF and AVMS Directive as a tool of European audiovisual policy

TWF and AVMS Directive as a tool of European audiovisual policy. European Media Policy Maxime ERRIGO 4/1/2014. SUMMARY. I. What is the TWF and the AVMS directive ? II. EU coordination III. The elements of the EU Directive

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TWF and AVMS Directive as a tool of European audiovisual policy

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  1. TWF and AVMS Directive as a tool of European audiovisual policy European Media Policy Maxime ERRIGO 4/1/2014

  2. SUMMARY I. Whatis the TWF and the AVMS directive ? II. EU coordination III. The elements of the EU Directive IV.Examples of controls ( sponsorchip, product placement..) V. Majors Events VI. Program quotas for European works and independants productions VII. Results end effects

  3. I. What is the AVMS directive ? Nowadays, we can watch our programs from all over Europe on TV, via the internet , mobile phones etc Like other goods and services, the audiovisual media are subject to the rules in the European market. To function optimally, this "single European TV market" needs a minimum set of common rules

  4. AVMS DIRECTIVE These rules are set by the EU's Audiovisual Media Services Directive, which governs EU-wide coordination of national legislation on all audiovisual media, (TV broadcasts and on-demand services)

  5. I. The "Television Without Frontiers" Directive : the cornerstone of the European Union's audiovisual policy Itsaim: to create free movement of television broadcasts within the European Union. It achieves this by preventing EU Member States from limiting reception and redistribution of broadcasts from other EU countries

  6. The implications • Firstly: Television broadcasts must be allowed to be received and re-transmitted freely in all the EU member states - all restriction must be abolished. • Secondly: Coordination of the different national broadcasting : • setting of basic standards necessary for the protection of the different interest : advertising, sponsorship, protection of minors, human rights etc

  7. TWF The TWF Directive also safeguards certain important public interest objectives, such as: cultural diversity the protection of minors the right of reply.

  8. General principle Member States must: ensure freedom of reception not restrict retransmission on their territory of television programs from other Member States. They may, however, suspend retransmission of television programs which infringe the Directive's provisions on the protection of minors.

  9. II. Goals of EU coordination providing rules to shape technological developments creating a level playing field for emerging audiovisual media preserving cultural diversity protecting children and consumers safeguarding media pluralism combating racial and religious hatred guaranteeing the independence of national media regulators.

  10. Areas of EU coordination The AVMSD governs EU-wide coordination of national legislation in the following areas: General principles Incitement to hatred Accessibility for people with disabilities Principles of Jurisdiction Major Events Promotion and distribution of European works Commercial communications Protection of minors

  11. III. The elements of the EU Directive Article 2a : ensuring freedom of reception Member States shall ensure freedom of reception and shall not restrict retransmissions on their territory of television broadcasts from other Member States for reasons which fall within the fields coordinated by this Directive.

  12. Article 3 Member States shall remain free to require television broadcasters under their jurisdiction to comply with more detailed or stricter rules in the areas covered by this Directive. Member States shall, by appropriate means, ensure, within the framework of their legislation, that television broadcasters under their jurisdiction effectively comply with the provisions of this Directive.

  13. Article 5: identification Member States shall ensure that audiovisual media service providers shall make accessible to the recipients of a service at least the following information: (a) the name of the media service provider;(b) the geographical address at which the media service provider is established;(c) the details of the media service provider, including its electronic mail address or website,which allow it to be contacted rapidly in a direct and effective manner;(d) where applicable, the competent regulatory or supervisory bodies.

  14. IV.Examples of controls:Rulesfor audiovisualcommercials communications All audiovisual commercial communication must: be readily recognisable not use subliminal techniques not use surreptitious techniques respect human dignity not promote discrimination (based on sex, nationality, religion) not encourage behaviour harmful to health, safety or the environment not promote tobacco or prescription medication

  15. SPONSORSHIP Sponsorship means any contribution made by undertakings or natural persons not engaged in the provision or production of audiovisual works, to the financing of audiovisual media services or programs with a view to promoting their name, trade mark, image, activities or products.

  16. SPONSORSHIP Sponsors shall influence neither the content nor the scheduling of the program. They must be clearly identified as such in an appropriate way for programs at the beginning, during and/or the end of the programs Sponsorship of programs by undertakings whose main activity is manufacture or sales of tobacco products is prohibited. News and current affairs programs may not be sponsored.

  17. Product placement Product placement means any form of audiovisual commercial communication consisting of the inclusion of or reference to a product, a service or the trade mark thereof so that it is featured within a program, in return for payment or for similar consideration.

  18. Product placement Product placement against payment is only allowed in certain kinds of programs (cinematographic works, films, series, sports and light entertainment programs). It is prohibited in children's programs. Product placement of tobacco products and medicinal products for prescription is prohibited Further, viewers must be clearly informed about the existence of product placement

  19. Products placement https://www.youtube.com/watch?v=t8aSIjSQzAo https://www.youtube.com/watch?v=iY56r2qj8f8

  20. V. Majors events The events concerned may be national or other, such as: the Olympic Games the Football World Cup European Football Championship an inauguration marriage or burial of a king, queen or head of state an important cultural event. 

  21. Major Events the AVMSD establishes framework conditions to enable Member States to ensure that broadcasters under its jurisdiction do not broadcast on an exclusive basis events of major importance for society and deprive a huge proportion of the public of the possibility of following such events. Each Member State must define a list of events which are seen as being of major importance for society.

  22. Czech Listed Sporting Events (events of major importance for the society) The Olympic Games (Summer/Winter) The FIFA World Cup (soccer) - all matches played by the Czech team - Semi-finals and Final The European Football Championship (soccer) - all matches played by the Czech team - Semi-finals and Final Hockey World Championship - all matches played by the Czech team - Semi-finals and Final Track-and-Field World Championship

  23. VI. Program quotas for European works The European audiovisual industry suffers from a trade deficit with the US industry of 6 to 7 billion Euros every year. Solutions : Promoting European productionsby the support delivered by the MEDIA programs Measures of promotion, distribution and production of European and independent audiovisual productions as set out in Articles 13, 16 and 17 of the AVMS

  24. Measures to promote European programmes Article 16 of the Directive requires broadcasters to reserve a majority proportion of their transmission time, excluding the time appointed to news, sports events, games, advertising, teletext services and teleshopping, for European works.

  25. Measures to promote European programmes Article 13 of the Directive provides that on-demand audiovisual media services will promote the production of and access to European works. Such promotion could be carried out through financial contributions to the production and rights acquisition of European works

  26. VI. Independent productions :10 percent quota” for works of European independent producers Article 17requires broadcasters to reserve a minimum proportion (at least 10%) of their transmission time, excluding the time appointed to news, sports events, games, advertising, teletext services and teleshopping, for European works created by independent producers. Member States may also require broadcasters to allocate at least 10% of their program budget to independent productions.

  27. Services demand audiovisual media Article 13 imposes an obligation to promote European works on-demand services. Member States have flexibility on how to get there, but there is still a lack of uniformity in the application of this requirement.   The Commission is currently analyzing the best way to promote European works and soon engage in discussions with the Member States.

  28. VII. The Results In 1989 the Commission President Jacques Delors emphasized that European television policy is required both in the name of competitiveness and in the name of cultural defence In the meantime number of TV satellite channels has multiplied the supply side of the television broadcasting in Europe. 1989 - 60 channels, 2000 – 400 channels, 2008 - 4000 channels(1500 regional) 2012 – 7500 broadcasters (programming services) in Europe The development of audiovisual media resulted in two amendments of the Directive during last two decades.

  29. The effects The average proportion of European works on TV channels in the European Union continued to increase in recent years, reaching 64.3% in 2010. The majority proportion of European works in Article 16 of the AVMS Directive has been largely achieved. With an average of 33.8% in 2010 from independent European works in the EU was well above the proportion of 10% laid down in Article 17 of the AVMS Directive. the Commission invites Member States to consider ways to further increase the diffusion

  30. The effects According to information provided by 14 Member States , they share a relatively high proportion of their European works programs (ranging from about 37% to 100% in 2010). 5 Member States reported financial contributions to European productions 6 indicated that the use of certain tools to give priority to European works

  31. Résults (2007-2008) A stabilization of the proportion of European works broadcast (over 63% of transmission time) A slight decrease of European works by independent producers , although they represent more than one third of transmission time. These figures demonstrate the strength of the European audiovisual industry and demonstrate the continued commitment of the Member States to cultural diversity.

  32. SOURCES http://europa.eu/legislation_summaries/audiovisual_and_media/l24101_en.htm http://ec.europa.eu/avpolicy/reg/tvwf/index_en.htm http://ec.europa.eu/avpolicy/reg/tvwf/implementation/promotion/index_en.htm http://ec.europa.eu/avpolicy/reg/tvwf/implementation/reports/index_en.htm http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:095:0001:0024:EN:PDF http://ec.europa.eu/avpolicy/reg/tvwf/advertising/index_en.htm

  33. Thanks for watching !

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