Phil Taylor's papers
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BACK TO : INTERNATIONAL BROADCASTING (see also Public Diplomacy)
The Television Without Frontiers Directive 
The Television Without Frontiers Directive's main purpose is to ensure the free flow of television programmes and broadcasting services throughout the European Union. 1) OBJECTIVE To create the necessary conditions for the free movement of European television programmes within the internal market; to encourage the production and distribution of European works. 2) ACT Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, Regulation or administrative action in Member States concerning the pursuit of televisual broadcasting [Official Journal L 298, 17.10.1989]. Amended by the following: European Parliament and Council Directive 97/36/EC of 30 June 1997 [Official Journal L 202, 30.07.1997]. 3) SUMMARY DIRECTIVE 89/552/EEC "TELEVISION WITHOUT FRONTIERS" 1. The Directive aims to ensure the free movement of broadcasting services within the internal market and at the same time to preserve certain public interest objectives, such as cultural diversity, the right of reply, consumer protection and the protection of minors. It is also intended to promote the distribution and production of European audiovisual programmes, for example by ensuring that they are given a majority position in television channels' programme schedules. General principle 2. The Directive establishes the principle that Member States shall ensure freedom of reception and shall not restrict retransmission on their territory of television programmes from other Member States. They may, however, suspend retransmission of television programmes which infringe the provisions of the Directive on the protection of minors. Broadcasting and production quotas 3. In order to encourage the distribution and production of European television programmes, Member States must ensure where practicable that broadcasters reserve a majority proportion of their transmission time for European works, excluding the time allocated to news, sports events, games, advertising and teletext and teleshopping services (Article 4). 4. Broadcasters must also reserve at least 10% of their transmission time or 10% of their programming budget for European works from independent producers (Article 5). 5. The Commission is responsible for ensuring compliance with these two provisions. Member States are therefore required to provide it with a report every two years, including a statistical statement on fulfilment of the quotas referred to in Articles 4 and 5. 6. Under certain circumstances, Member States are authorised to lay down stricter rules where necessary for purposes of language policy. Television advertising and sponsorship 7. The provisions on advertising relate to: duration: 15% maximum of daily transmission time, 20% maximum within a given one-hour period; procedures for interrupting programmes; ethical considerations (in particular the protection of minors); compliance with certain criteria concerning advertisements for alcoholic beverages. 8. Advertising of tobacco and prescription medicines is prohibited. 9. Sponsorship of television programmes is permitted, provided it complies with certain rules. The sponsorship must not affect the broadcaster's editorial independence. In addition, sponsored television programmes must not encourage the purchase of the sponsor's products or services. Finally, news and current affairs programmes may not be sponsored. Protection of minors 10. Programmes involving pornography or extreme violence are prohibited. This ban applies to all other programmes which are likely to harm minors, unless they are broadcast at a time when they will not normally be seen by minors or protective technical measures are in place. Right of reply 11. Any person whose legitimate interests have been damaged by an assertion of incorrect facts in a television programme must have a right of reply. This right shall exist in relation to all broadcasters under the jurisdiction of a Member State. REVISED DIRECTIVE OF 1997 12. On 23 June 1997, the European Parliament and the Council adopted a new "Television without Frontiers" Directive in order to ensure greater legal certainty and to update the provisions of Directive 89/552/EEC. The main elements of this revision relate to the following points: Principle of jurisdiction The Member State responsible for television channels is determined by the location of the head office and the place where programming decisions are made; Events of major importance for society (such as sporting events) The new Directive sets out conditions allowing events which are considered to be of major importance for society to be broadcast freely to the public. Each Member State may therefore draw up a list of events which have to be broadcast in unencoded form, even if exclusive rights have been purchased by pay-TV channels; Teleshopping Teleshopping is subject to most of the rules relating to television advertising. Windows for teleshopping programmes broadcast by a general channel must be of a minimum duration of 15 minutes and be clearly identifiable. The maximum number of windows per day is eight, and their total duration must not exceed three hours per day; Protection of minors The new Directive places greater emphasis on the protection of minors. It specifies, for example, that Member States must ensure that programmes which are likely to impair the development of minors and are broadcast in unencoded form are to be preceded by an acoustic warning or identified by a visual symbol. Act Date of entry into force Deadline for implementation in the Member States Directive 89/552/EEC 03.10.1991 03.10.1991 Directive 97/36/EC 30.07.1997 30.12.1998 4) IMPLEMENTING MEASURES REPORTS ON THE APPLICATION OF THE DIRECTIVE In accordance with the provisions of the Directive, every two years the European Commission submits to the European Parliament, the Council and the Economic and Social Committee a report on the application of the "Television without Frontiers" Directive. Third report COM(2001) 9 final - not published in the Official Journal Third report from the Commission to the Council, the European Parliament and the Economic and Social Committee on the application of Directive 89/552/EEC "Television without Frontiers". Second report COM(97) 523 final - not published in the Official Journal Second report from the Commission to the Council, the European Parliament and the Economic and Social Committee on the application of Directive 89/552/EEC "Television without Frontiers". Report COM(95) 86 final - not published in the Official Journal First report from the Commission to the Council, the European Parliament and the Economic and Social Committee on the application of Directive 89/552/EEC "Television without Frontiers". REPORTS ON THE APPLICATION OF ARTICLES 4 AND 5 (BROADCASTING AND PRODUCTION QUOTAS) Under the system provided for in the Directive, Member States are required to submit a report to the Commission every two years on the application of Articles 4 and 5 of the Directive. On the basis of these national reports, the Commission draws up a summary report highlighting the extent to which Member States have applied the provisions of Articles 4 and 5 and identifying certain general trends. Communication COM(2000) 442 (01) - not published in the Official Journal Fourth communication from the Commission to the Council and the European Parliament on the application of Articles 4 and 5 of Directive 89/552/EEC "Television without Frontiers" for the period 1997-98. Communication COM(98) 199 final - not published in the Official Journal Third communication from the Commission to the Council and the European Parliament on the application of Articles 4 and 5 of Directive 89/552/EEC "Television without Frontiers" for the period 1995-96. Communication COM(96) 302 final - not published in the Official Journal Second communication from the Commission to the Council and the European Parliament on the application of Articles 4 and 5 of Directive 89/552/EEC "Television without Frontiers" for the period 1993-94. Communication COM(94) 57 final - not published in the Official Journal Communication from the Commission to the Council and the European Parliament on the application of Articles 4 and 5 of Directive 89/552/EEC "Television without Frontiers" for the period from 3 October 1991 to 31 December 1992. IMPLEMENTATION OF DIRECTIVE 97/36/EC IN THE MEMBER STATES Laws, regulations and administrative measures adopted by Member States in order to fulfil the obligations contained in the Directive. EVENTS OF MAJOR IMPORTANCE FOR SOCIETY In accordance with the "Television without Frontiers" Directive, as amended by Directive 97/36/EC, the Member States shall notify the Commission of any measure taken or to be taken concerning the use of exclusive broadcasting rights to events of major importance for society. Austria: Publication 2002/C 16/06 - Official Journal C 277, 19.01.2002 Publication in accordance with Article 3a (2) of Council Directive 89/552/EEC on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities, as amended by Directive 97/36/EC of the European Parliament and of the Council. United Kingdom: Publication 2000/C 328/02 - Official Journal C 328, 18.11.2000 Germany: Publication 2000/C 277/04 - Official Journal C 277, 29.09.2000 Italy: Publication 1999/C 277/03 - Official Journal C 277, 30.09.1999 Denmark: Publication 1999/C 14/05 - Official Journal C 14, 19.01.1999 5) FOLLOW-UP WORK Revision under way In accordance with the timetable set out in its 1997 version, the "Television without Frontiers" Directive has been undergoing a revision process since June 2001. At the Council of Ministers of Culture held on 23 May 2002, the Member States and the European Commission discussed the options available and decided on the creation of a work programme for revision of the Directive at a later date. Revision of the Directive will be the subject of a report likely to be adopted by the Commission by the end of 2002. As part of the evaluation under way, the European Commission has launched three major studies relating to the areas covered by the Directive [Official Journal S 149 of 05.08.2000]: - technological and market developments in this sector; - the effect of measures intended to encourage the distribution and production of European works; - new advertising techniques. The latter report, entitled " Study on the development of new advertising techniques " (pdf), was submitted to the Commission in June 2002. It analyses the regulatory implications of three new advertising techniques: interactive, split-screen and virtual advertising. Given the significant differences in the way in which different countries have responded to new advertising techniques, the study also stresses the need to clarify certain provisions of the "Television without Frontiers" Directive in the area of advertising. It considers that it is not currently necessary to devise advertising rules applicable to all types of media. Last updated: 27.08.2002 |