Audiovisual and Media Policy The EU experience

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1 Audiovisual and Media Policy The EU experience International Seminar on Electronic Communications and Media Convergence Brasilia, 8/9 November 2010 Harald TRETTENBREIN European Commission DG Information Society and Media Audiovisual and Media Policies

2 content EU Convergence AVMSD Commercial communication Protection of minors DAE MEDIA & external aspects

3 The European Union: 500 million people 27 countries Member states of the European Union Candidate countries

4 23 official languages

5 EU population in the world Population in millions, EU China Japan Russia United States

6 The EU a major trading power Share of world trade in goods (2007) Share of world trade in services (2007) EU 17% EU 28.5% Others 53.2% United States 14.5% Others 40.6% China 9.5% Japan 5.8% China 5.9% Japan 6.8% United States 18.2%

7 Getty Images The single market: freedom of choice The EU single market has led to: significant reductions in the price of many products and services, including internet access and airfares. 40% drop in price of phone calls from million new jobs Four freedoms of movement: 4 goods 4 services 4 people 4 capital

8 content EU Convergence AVMSD Commercial communication Protection of minors DAE MEDIA & external aspects

9 Convergence eliminates borders between sectors Service Network Voice telephony Fixed Mobile Data Internet Fixed Broadcasting Cable Satellite Terrestrial Wireless Satellite Cable Telecommunications Terminal

10 Dealing with Convergence in the EU All content can be transmitted through all networks Rules depending on networks are being overtaken by technological development and market It is therefore necessary a coherent regulation of electronic communication infrastructure and associated services Content and transport are different matters Regulation for transport and content should thus be separated, though recognising the links between them

11 Consistent approach to the regulation of all Electronic Communication Services in the EU (regardless of the infrastructure) Content Services Audiovisual and Media Services Directive (Broadcasting, TV, on-demand news, etc.) Electronic Communication Services (telephony, video, data, etc.) Electronic Communication Networks (fixed, mobile, satellites, cable TV, electric delivery networks, including networks used for TV and radio broadcasting) and associated facilities (e.g. conditional access)

12 . what comes through the pipes Audiovisual Sector: >7000 TV channels Daily TV viewing time: min. on average >700 digital on demand services Catch up TV: the most rapidly expanding on demand service Wider digital agenda: internet video/broadband

13 content EU Convergence AVMSD Commercial communication Protection of minors DAE MEDIA & external aspects

14 Audiovisual Issues Goals and dilemmas: competitiveness of European audiovisual industry circulation of European audiovisual works cultural diversity Actions: Regulatory framework Support instrument External measures

15 Audiovisual and Media Services Directive (AVMSD) what are the stakes? Process and adoption for an innovative new EU directive Replaces Television without Frontiers Directive (TVwF) Benchmark for EU Member States Challenge: getting it to work Implementation issues Subsidiarity Single Market

16 Triggered by 1980s: satellite technology AVMSD: internet/convergence

17 AVMSD an internal market directive Purpose: Eliminate obstacles to the EU internal market Set high standards, especially on consumer protection (advertising) and protection of minors Means: Principle of one country of jurisdiction only (country of origin) for each broadcaster / service provider Harmonisation of the applicable laws by setting minimum standards (stricter national rules remain possible) Balance: economic service and cultural & societal aspects

18 AVMSD definitions Scope: what is covered? Services as defined by the EU Treaty Under the editorial responsibility of Media Service Providers, having as principal purpose: The provision of programmes To inform, entertain and educate To the general public By e-communication networks Either linear (schedule) or non-linear (catalogue)

19 AVMS Linear (or television) schedule Non-linear (or on-demand) catalogue

20 AVMSD Structure - 3 parts Applicable to all services General Provisions (Definitions, Jurisdiction, Contact Committee, Regulatory bodies, Transposition, Reports) Basic tier of obligations (transparency, disabilities, incitement to hatred, advertising qualitative rules, sponsoring, product placement) Applicable to non-linear services Protection of minors Promotion of European works Applicable to linear services Protection of minors Promotion of European works & independent productions Advertising quantitative rules Events of major importance and short extracts Right of reply

21 Media Pluralism & Freedom of expression Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms Freedom of Expression and Information 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. 2. The freedom and pluralism of the media shall be respected. Article 11 of the EU Charter of Fundamental Rights

22 AVMSD Commercial Communication Qualitative Rules (all) Recognizable, no subliminal techniques Respect human dignity Ban: Tobacco, medicinal products Protection of minors Alcohol Fatty food codes of conduct Product placement & sponsoring Quantitative Restrictions (TV) Hourly limit (12 minutes) Rules on insertion

23 Protection of minors Instruments: AVMSD AVMSD covers traditional TV programmes and on-demand audiovisual media services graduated regulation : User choice and control -> stricter rules for TV programmes (= linear AVM services ) than for non-linear / on-demand AVM services TV: watershed & encryption On-demand: no ban of adult content (but adult content may not be available to minors)

24 Protection of minors Instruments: Recommendations and Video games Recommendations of 1998 and 2006 on Protection of Minors and Human Dignity Media Literacy Good practices of self-, co- and regulatory bodies Action against discrimination in all media Right of reply concerning online media Video games communication of 22 April 2008 Growing social and economic importance video games -> new range of opportunities Potential risks of (violent) video games -> graduated access to video games using age classification PEGI and PEGI Online = industry's voluntary Pan-European Games Information System

25 Protection of minors Instruments: Safer Internet Programme EU Safer Internet programme Empowering and protecting children online 75% of Europe's youngsters and 42% of 6 year olds are online 52% of 10 year olds have their own mobile phone Safer Internet centres in 27 countries Inform parents, teachers and children about online risks / opportunities EU Kids Online survey of children and new media 26 countries Mobile phone agreement - 95 signatories in February national codes of conduct, coverage of 96% of European subscribers Social networking signed Feb 2009 by 20 companies Facebook, Myspace, YouTube, Netlog, Hyves etc

26 content EU Convergence AVMSD Commercial communication Protection of minors DAE MEDIA & external aspects

27 Europe 2020 & Digital Agenda (DAE) Smart Growth & Digital Society: Digital Agenda for Europe aims at speeding up roll-out of high-speed internet and reaping benefits of a digital single market for household and firms Pillars: Digital Single Market Interoperability and Standards Trust and Security Fast and ultra fast internet access Research and Innovation Digital literacy, skills and inclusion ICT-enabled benefits for EU society

28 Virtuous Cycle of the Digital Economy

29 DAE Digital Internal Market Fragmentation ( 4% ) Transaction: Completion Single Euro Payment Area (SEPA)/eInvoicing esignature Directive/eAuthentication System Etc. Content: Consultation Greenbook 2012 Already announced: Governance & Transparency Collecting Societies Orphan Works

30 content EU Convergence AVMSD Commercial communication Protection of minors DAE MEDIA & external aspects

31 Support Instruments: MEDIA 2007 Total budget of 755 millions Period countries Entry into force: 1 st January 2007

32 MEDIA Budget by intervention line Projets pilotes Questions horizontales Formation Promotion 9% 4% 5% 7% 20% Développement 55% Distribution

33 External Dimension EU further enlargement: alignment with European media law standards and the AVMSD Growing internationalisation of audiovisual markets UNESCO Convention on Cultural Diversity: The specific and dual nature of cultural goods and services; The legitimacy of public policies in its protection Defines appropriate links with other international instruments for its effective implementation The EU position at WTO on audiovisual products Freedom for action in the field of audiovisual policy: Exceptions to the Most Favoured Nation clause (MFN) Absence of commitments concerning National Treatment and Market Access for the audiovisual sector.

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