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Cooperation procedure - article 4 in the AVMS-directive

Cooperation procedure - article 4 in the AVMS-directive. Cooperation process – article 4 in the AVMS-directive. Member States are free to have more detailed or stricter rules. Such rules should be in compliance with Union law. Cooperation process – article 4 in the AVMS-directive.

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Cooperation procedure - article 4 in the AVMS-directive

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  1. Cooperation procedure -article 4 in the AVMS-directive

  2. Cooperation process – article 4 in the AVMS-directive • Member States are free to have more detailed or stricter rules. • Such rules should be in compliance with Union law.

  3. Cooperation process – article 4 in the AVMS-directive Requirements for a cooperation process • A Member States have more detailed or stricter rules, and • those rules are of general public interest.

  4. Cooperation process – article 4 in the AVMS-directive Rules of general public interest The concept of rules of general public interest is explained in recital no. 41. It is based of the case law in the Court of Justice and can be: • Protection of consumers • Protection of minors • Cultural policy

  5. Cooperation process – article 4 in the AVMS-directive Requirements for a cooperation process • A broadcaster under a jurisdiction of another member state, • that provides a broadcast which is wholly or mostly directed towards another member state, and • the broadcast breaches the stricter rules in that member state.

  6. Cooperation process – article 4 in the AVMS-directive Wholly or mostly directed towards a territory? Indicators of the concept are listed in recital 42, and could be: • The origin of the television advertising and/or • subscription revenues, • the main language of the service, • the existence of programs or commercial communication targeted specifically at the public in the Member state where they are received

  7. Cooperation process – article 4 in the AVMS-directive The cooperation process • The member state with the stricter rules contacts the member state with jurisdiction over the broadcast, and • request that the broadcaster comply with the stricter rules.

  8. Cooperation process – article 4 in the AVMS-directive The request • The request by the first member state must be substantiated. • That the country has stricter rules that are of general public interest as set out in article 4:1, 4:2, and preamble 41 and 42. • The relevant national rules, in comparison with the relevant rules of the country of origin. • In what way the broadcast breaches the rules, e.g. an audit of the broadcast • Why the broadcast is “wholly or mostly” targeting the country. • A formal request that the regulator ask that the broadcasting company ensures that it complies with the relevant national rules in the country of reception.

  9. Cooperation process – article 4 in the AVMS-directive The result of the request • The member state with jurisdiction shall request the broadcasting company to follow the stricter rules in the other country. • The member state with jurisdiction shall inform the firs member state of the result of the request within 2 months.

  10. Cooperation process – article 4 in the AVMS-directive The result of the request • Either member state can invite the contact committee to examine the case. • The article doesn´t state at what stage the contact committee should be contacted. To our understanding the relevant stage would be if no satisfactory result have been achieved through the request.

  11. Cooperation process – article 4 in the AVMS-directive No satisfactory result of the request • If no satisfactory result have been achieved through the request, the first member state can continue with the process laid down in article 4:3.

  12. Cooperation process – article 4 in the AVMS-directive No satisfactory result of the request Measures taken according to article 4:3. • is only possible if the broadcaster has established itself in another member state to circumvent the stricter rules. • includes a notification to the Commission and a decision by the Commission if the measures are appropriate.

  13. Cooperation process – article 4 in the AVMS-directive Example of a formal request: Denmark has sent a formal request to Ofcom in Great Britain. The request is made public at the Danish Authority website. http://www.kulturstyrelsen.dk/fileadmin/user_upload/dokumenter/medier/radio_og_tv/radio_og_tv_naevnet/Jurisdiktion/Anmoding_til_Ofcom_181110.pdf An EPRA working group on jurisdiction led by Maria Donde is also colleting data on formal requests according to article 4:2.

  14. Thank you!Anna Dingertz

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