IPTV under European Law

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1 IPTV under European Law Rules for a Level Playing Field Thorsten Held 12. September 2006

2 Introduction [ ] Modern rules in the audiovisual policy field should not discriminate between and within different platforms delivering similar content and should create a level playing field for fair and enhanced competition between different operators, while enabling new services to flourish. (Explanatory Memorandum of the Proposal for a Audiovisual Media Services Directive) Thorsten Held Seite 2

3 Introduction Traditional television IPTV traditional program near video on demand program streaming near video on demand video on demand Thorsten Held Seite 3

4 Level Playing Field: The Rules of the Game Television Without Frontiers Directive Audiovisual Media Services Directive Protection of Minors Advertising Rules Promotion of European Works Directive on Electronic Commerce Exclusion of prior authorization Universal Service Directive Must-Carry-Rules Thorsten Held Seite 4

5 Proposed Amendment of the Television Without Frontiers Directive Television Without Frontiers Directive television broadcasting services providing moving images with or without sound on individual demand initial transmission by wire or over the air of television programs intended for reception by the public Thorsten Held Seite 5

6 Proposed Amendment of the Television Without Frontiers Directive Directive on Audiovisual Media Services television broadcasting services providing moving images with or without sound on individual demand service provision by electronic communications networks moving images with or without sound to the general public Thorsten Held Seite 6

7 Proposed Amendment of the Television Without Frontiers Directive Member States shall ensure freedom of reception and shall not restrict retransmissions on their territory of television broadcasts/audiovisual media services from other Member States for reasons which fall within the fields coordinated by this Directive (Art. 2a) Thorsten Held Seite 7

8 Proposed Amendment of the Television Without Frontiers Directive Graduated regulation approach: linear services program streaming, near video on demand Services where a media service provider decides upon the moment in time when a specific program is transmitted and establishes the program schedule non-linear services video on demand Services where the user decides upon the moment in time when a specific program is transmitted on the basis of a choice of content selected by the media service provider Thorsten Held Seite 8

9 Rules for the Protection of Minors Thorsten Held Seite 9

10 Proposed Rules for the Protection of Minors Linear services (program streaming, near video on demand): Programs which might seriously impair the development of minors: prohibited (e.g. pornography or gratuitous violence). Programs which are likely to impair the development of minors: measures to ensure that minors do not hear or see these programs (by selecting the time of the broadcast or by any technical measure) unencoded broadcasting shall be preceded by an acoustic warning or identified by the presence of a visual symbol throughout the duration Non-linear services (video on demand): Member States shall take appropriate measures to ensure that audiovisual media services under their jurisdiction are not made available in such a way that might seriously impair the physical, mental or moral development of minors. (Art. 3d) Thorsten Held Seite 10

11 Proposed Rules for the Protection of Minors Directive will allow for co-regulation to implement its rules: Member States shall encourage co-regulatory regimes in the fields coordinated by this Directive. [ ] (Art. 3, sec. 3) state regulation connection non-state regulation Thorsten Held Seite 11

12 Protection of minors in the Netherlands Government certification questionnaire NICAM provider classification content Thorsten Held Seite 12

13 Advertising Rules Thorsten Held Seite 13

14 Proposed Advertising Rules General rules for linear and non-linear services: Audiovisual commercial communications must be clearly identifiable as such; surreptitious audiovisual commercial communication shall be prohibited Rules for sponsoring and product placement Prohibition of all forms of audiovisual commercial communications and teleshopping for cigarettes and other tobacco products Restrictions for audiovisual commercial communications for alcoholic beverages Restrictions for audiovisual commercial communications to avoid moral or physical detriment to minors Thorsten Held Seite 14

15 Proposed Advertising Rules Specials rules for linear services (program streaming, near video on demand): Advertising and teleshopping shall be readily recognizable and kept quite separate from other parts of the program service by optical and/or acoustic means Restrictions for the proportion of advertising spots and teleshopping spots within a given clock hour (20 %) Restrictions for the interruption of films, cinematographic works, children s programs and news programs by advertising (only once for each period of 35 minutes) Special rules for advertising for medicinal products and alcoholic beverages Thorsten Held Seite 15

16 Proposed Advertising Rules Product Placement Product placement is allowed as long as the responsibility and editorial independence of the media service provider is not affected and the product placement does not directly encourage the purchase or rental of goods or services (in particular by making special promotional references to those goods or services) Programs containing product placement must be appropriately identified at the start of the program in order to avoid any confusion on the part of the viewer. News, current affairs, services for children and documentaries may not contain product placement Thorsten Held Seite 16

17 Rules for the Promotion of European Works Thorsten Held Seite 17

18 Rules for the Promotion of European Works Linear services (program streaming, near video on demand): Quotas for European works and works of independent producers Non-linear services (video on demand): Promotion of European works by media service providers Thorsten Held Seite 18

19 Prior authorization Thorsten Held Seite 19

20 Prior authorization Directive on electronic commerce information society services program streaming near video on demand video on demand Art. 4: [ ] taking up and pursuit of the activity of an information society service provider may not be made subject to prior authorization [ ] Thorsten Held Seite 20

21 Must Carry Rules Thorsten Held Seite 21

22 Must Carry Rules Art. 31 (1), first sentence of the Universal Service Directive: Member States may impose reasonable must carry obligations [ ] on undertakings [ ] providing electronic communications networks used for the distribution of radio or television broadcast to the public where a significant number of end-users of such networks use them as their principal means to receive radio and television broadcasts. Thorsten Held Seite 22

23 Conclusion Protection of Minors, Advertising Rules, Promotion of European Works: same rules for traditional television and IP TV programs Advertising Rules: trend towards de-regulation Stricter rules for TV programs than for video on demand Outlook: There will be changes of the proposed Directive on Audiovisual Media Services before the European Parliament will agree on the proposal; however, it is not likely that these changes will affect the inclusion of video on demand Thorsten Held Seite 23

24 Thank you Thorsten Held Seite 24

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