COMMISSION OF THE EUROPEAN COMMUNITIES

Transcription

1 COMMISSION OF THE EUROPEAN COMMUNITIES COM(84) 300 final Brussels, 14th June 1984 TELEVISION WITHOUT FRONTIERS GREEN PAPER ON THE ESTABLISHMENT OF THE COMMON, Hmn_, FOR BROADCASTING, ESPECIALLY BY SATELLITE AND CABLE (Communication from the Commission to the Council) GOVH page and Table of Contents COM(84) 300 final Blank page not reproduced: 2 also numbered as

2 ~ II - Contents INTRODUCTION THE BRIEF FOR THE COMMUNITY Purpose of the Green Paper EEC Treaty and cultural activities EEC Treaty and broadcast i ng PART ONE TECHNICAL ASPECTS New developments in the audio-visual field Direct satellite television - A concept to overcome the spatial Limitations of conventional television transmission I I. III. IV - Agreements under i nternat i ona L law Techni ca l concept Reception possibi l ities Compat i bi l i ty of broadcast i ng systems Plans for direct satellite television in Member States Cable television - A concept for overcoming the restrictions on the content of television broadcasts Enhanc i ng broadcast i ng capabi l i ty II - III. IV. Technical criteria Recept i on capabi l i ty Progress wi th cabl i ReLationship between satellite and cable broadcast i ng

3 - III - PART TWO CULTURAL AND SOCIAL ASPECTS Po Lit i ca l f reedom$ II. III. Freedom of information and opinion Obstac les PoL icy for safeguarding freedom in the fi e Ld of communi cat ions The new technologies in the service of European i ntegrat ion The new technologies in the service of cultural exchange The soc i a L consequences I1. Effects on viewers Effects on programme content PART THREE ECONOMIC ASPECTS Broadcasting II. The broadcasting organizations as a force in the economy The financing of broadcasting organizations exposed to compet i t i on f rom other Member States New transmission techniques: satellite and cable II. Costs Direct broadcasting by satellite Cable broadcasting Programme$ Financing Li cence fees Adverti sing Subscriptions (Pay-TV) State subsidies Other forms of income Significance and prospects of the sectors affected Distribution of programmes througho~t the Community Interaction of different mass media

4 - IV - PART FOUR LEGAL ASPECTS Luxembourg ItaLy Nether Lands Belgium United Kingdom Ireland France Federal Republic of Germany Denmark Greece 101 PART FIVE FREEDOM TO 'PROVIDE SERVICES Free movement in broadcast i "Servi ces (Paragraphs 1 and 2 of Art. 60) 1. Good or servi ce? Servi ce for remuneration II. Establ ishment of the provider of the service in a Member State other than that in whi ch the recipient is established CArt. 59(1)) 1. Relay by transmitter and relay via cable as two separate services 2. ReLay by transmitter and relay via cable as a single service ( a) (b) Provider, recipient, remuneration The bas i c nature of broadcast i ng Transmission by microwave Link Lon9~distan~e ~able or telecommunications satellite and relay through cable as a single service Consent to the cable relay of copyright domestic programmes abroad as a further service ::, 114

5 - v - Restrictions discriminating against non-nationals (Arts 59(1) and 62) 116 II. III. CabLe distribution of foreign broadcast programmes Coverage of other Member States by satellite broadcast i ng Foreign broadcasting programmes and domestic pub l i c po L i cy Applicability of special provisions for foreign nationals (Art. 56(1)) (a) (b) (c) Scope of the exception Respect for the fundamental rights Laid down in the Convent ion on Human Ri ghts Free f Low of information across frontiers (Art. 10 of the European Convent i on on Human Ri ghts) (d) Discriminatory restrictions on foreign broadcasti~g programmes? Approximation of special provisions for foreign nationals (Art. 56(2)) Restrictions affecting nationals and non- nationals without distinction (Arts 59 to 66 EEC) 139 II. The provisions of the Treaty Terms employed in the Treaty Article 60, third paragraph Objectives and conception of the Treaty Appl ication of the Treaty by the Commission and the Counci 1. Exp Lanatory Memorandum to the Gene ra L Programme The GeneraL Programme and broadcasting The Commission s position in the cases of Coditel v Cine Vog and Debauve

6 - VI - III. Interpretation of the Treaty by the Court of Justice Restrictions " covered by Articles 59 a"nd 62 InappLicability of " similar" national rules Range of the applicable laws or international scope of public advertising Law (a) Applicability only of the Law of the place where the broadcast is produced? (b) Additional applicability of the Laws of the places of reception and relaying of the broadcast by cable televi$ion distribution undertakings? (c) Addi ti ona l appl i cabi Li ty of the laws of the places where the broadcast is recei ved di rect ly? IV. NationaL general interest and foreign commercial advertising 1. Applicabi Lity of national Law on television advertising to commercial advertising from abroad ( a) RuLes justified on grounds of general interest" ( Debau~. judgment) Cb) Provisions that are justified " grounds of public policy, public security or public health" and which are enforced (Art. 56(1), by analogy) Approximation of laws governing broadcast adverti sing (a) Competence, need, urgency (b) Appl icabi L ity of Article 57(2) (c) The purpose of approximation

7 - VII - National general interest and international coverage of the rules on the taking-up and pursuit of broadcast i ng act i vi ty Limitation by Articles 59 and 62 Practice and law in the ~ember States Scope of broadcast i ng mono po lies Establishment on the territory of one country? Authorization in a country? VI. Nat i ona l genera L interest and retransmission of programmes f rom other count ri Applicabi Lity of national rules " justified by the general interest" on programmes or on the protection of youth and of reputation (a) (b) (c) (d) Basic principles of case law on which the i nterpretat i on is based rounds of general interest Justified rules Requi rements as to the content of forei gn programmes Approximation of the Law on broadcasting (a) Approximation of laws and freedom to provide services (b) (c) RuLes for the protection of public security, public policy and morals Ru l es concern i ng programmes Cd) AppLicabi lity of Article 57(~ VII. National copyright and foreign broadcasts AppLicability of national provisions based qn Literary and artistic property rights Harmonization of copyright for radio and television ApplicabiLity of Article 57(2)

8 - VIII - Di rect effect of freedom to provide services 186 Exceptions Rules applying to undertakings entrusted wi th the ope rat i on of servi ce$ of genera l economic interest (Art. 90(2)) Undertak i ngs Entrusted" undertakings Services of general economic interest" erformance of the particular tasks assigned to them Interests of the Community II. Ri ght of establi shment and freedom to provi services (Arts. 52 to 66) Privi Leged activities: broadcasting and the exercise of official authority (a) (b) Art. 55, fi rst paragraph and Art. Art. 55, second paragraph and Art. Exempted broadcasting organizations (a) ( b) Persons and forms of organization caught (Arts. 52, 58, 59 and 66) Broadcasting companies and profit-making activities (Art. 58, second sentence)

9 PART SIX HARMONIZATION OF legislation 209 RuLes on advertising I. National Legislation 1. Overvi ew 2. Broadcast advertising regulations in the individual Member States (a) Member States in which broadcast advertising is forbidden (b) Member States in whi ch broadcast adverti$ing is permitted (c) Comparative analysis 3. Bans on advertising for certain goods and services (a) Tobacco (b) AlcohoL i c drink (c) Advertising for other products and services Advertising codes, advertising control and voluntary restraint 245 II. The effects of national rules on freedom of broadcasting within the Community; need for harmoni zat i on 1. Broadcast advertising 2. Bans on advertising for drink and tobacco 3. Advertising codes, supervision of advertisements and voluntary self-discipline III. The potential for approximating national laws,. RuLes governing broadcast advertising (a) Starting point (b) Harmonization of the rules on conflict of Laws by means of reference to the law of the broadcasting state, or harmonization of the substantive Law of the broadcasting and of the receiving states. (c) Extent of t he harmon~ zat i on of ru Les for ~omesti c and cross-frontier advertising (d) Prohibition or authorization of (e) Extent of broadcast advertising (f) limitation of advertising revenue (g) Advertising on Sundays and publ ic holidays broadcast advert is i ng? (h) Times of the day at which advertisements may be broadcast 276 ". 1. Ii V

10 - x - (i) The blending in of advertising (j) Individual spots and advertising slots (k) Separation of advertising and other programme material; sponsored advertising 2. Restrictions on the advertising of specific products? (a) Tobacco advertising (b) Alcoholic beverages 3. Cont ro l of broadcast advert is i ng? (a) Present position Cb) Structure of controls (c) General standards (d) Standards relat i ng to ch i ldren and young peop le (e) Standards relating to alcoholic beverages B. PubLic order and safety, protection of personal rights 1. Int roduct i II. Protection of minors 1. National law 2. Necessity and scope for approximation of Laws III. Right of reply C. Copyright 1. NationaL provisions 2. Necessity and scope for harmonization I. Introduction 1. Nature and function of copyright 2. International copyright 3. Copyright and freedom of broadcasting II. NationaL LegisLation and the law of international agreements 1. Synopsis of rights affecting radio and television 2. Ownership of right$ and the Law of contract 3. Summary

11 ... - XI - III. Alternative models Unrestricted retransmission after Legal primary t ransrni ssi on? 2. Conclusion of contracts on direct broadcasting by satellite? 3. Conclusion of contracts on retransmission by 'other undertaking$ via broadcast or cable? 4. ObLigation to use collecting societies, or statutory Licensing? 5. ModeLs in internal Law IV. Compatibility of the Directive with international Law and Article International copyright Law 2" Art i c le 222 of the EEC Treaty V. Ingredients of a solution ') 1'.0

12 - XII - Annexes 1. Number of radio and television sets in the Community as at 31 December Present TV overspi II in Europe 3. Origin of fi lms shown on television Number of person$ employed on a permanent basis by broadcasting organizations in Operating results of broadcasting and television organization$ in 1981 or Radio.and television licence fees in the Community in Advertising expenditure in Europe in US$ mi II ion 8. European broadcasting bodies taking commercials 9. TV advertising in Europe 10. Broadcasting: Advertising expenditure in Advertising expenditure in Member States and in the USA and shares accounted for by various advertising media, Growth in advertising recorded by advertising media, Media development in the Federal RepubLic of Germany 14. Britain - Press and television advertising revenue France - Press and television advertising revenue Italy - Advertising expenditure, market shares of advertising media, rates of increase in market share, Permitted television advertising time as a percentage of daily transmission time Lt