audiovisual policy of the european union

7/24/2019 Audiovisual Policy of the European Union

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The Audiovisual Policy of the European Union

The Audiovisual Policy

of the

European Union


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The Audiovisual Policy of the EU

1. Legal Base:

Treaty of Rome 1957:no legal base (TV hardly existed)

1974:ECJ-judgement defines TV-signal as a service

which is concerned by freedom of service delivery according Art.59 and art.60

1989 EU-directive Television without frontiers

1992 Maastricht-Treaty: Art 151 contains TV incontext of culture

- Lisbon


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1. AV-Policy of EU : Legal Base Continuation :

1997 Treaty of Amsterdam : Protocol on public

broadcasting added

2000 Treaty of Nice : Art.157 replaces unanimity votingon industry (including TV) by qualified majority in

Council

2000 Fundamental Rights Charter : Art.II-11 guaranteesfreedom of media and media plurality

2007 EU-directive Audiovisual media serviceswithout frontiers


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2. Audiovisual Policy of EU-principles :

AV is both services as well as artistic creation

But AV is also a technical-industrial production

Subsidiarity of MS, but also.....

EU-Support of cooperation between MS in field of AV

Completion and support of AV-policies of MS

No harmonisation of AV-policies of MS!

EU : only completing, not substituting AV-policies!


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3. Audiovisual Policy of EU goals :

Audiovisual transborder services not to be hindered

Maintaining and strengthening of European identity

Maintaining and strengthening of Europeancreative/artistic production

Maintaining of special position of public TV

Strengthening of European AV-industry

Protection of consumers (viewers/listeners) and ofyouth

Media pleuralism, freedom of opinion and for media


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4. Audiovisual Policy of EU Intermediary Summary:

AV sector underlies to contradictory principles ,f.i. :

- As cultural production it is national domain

- but against US-influence strengthening of European identity by EU is allowed !

- As services free circulation/exchange on Common Market

- but as public broadcasting exempt of EU competition law !

AV sector develops much faster than EU-legislation on AV media

AV policy concerns only actors in MS, but AV-media are by natureinternational...


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5. Audiovisual Policy of EU - Instruments:

Regulation Financial support

5.1. Regulation:

* Directive Television without frontiers (1989)

* Protocol in annex of Amsterdam - Treaty 1997

* EC-Communication on public TV (2001)

* EC-Communication on film industry (2001)

* Directive AV-media services (2007)


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5.1.1 Television without frontiers -Directive 1989

Motives :

* TV spillover into neighbour countries

* Satellite TV covers several countries

* Private TV competes with public broadcastingmonopolies

* Increasing demand for content because of

multiplication of TV stations (also cable TV, local,regional TV)

* US entertainment content threatens EU content


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5.1.1 Television without frontiers -

Directive 1989 Continued

Principles :

* Directive addressed to MS implementation by

national laws needed

* Free flow of TV programmes/broadcastinigservices throughout EU, between MS

* Strengthening of European AV-production andTV-programme content


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Instruments

* MS shall not restrict TV-transmission on their territoryfrom other MS (exception : if rules for protectionof minors are infringed)

* TV-stations have to ensure where practicablea majority of EU-works in programme,excluding time for news, sport, games, advertising

* 10% of transmission time where applicable reservedfor European works from independent procedures (or10% of programming budget) independent ofTV-broadcasters!


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* EC ensures compliance with Directive onlyby reports, statistics about fulfilment of quotas

* Limits for advertising :

- 15% maximum of daily transmission time and

- 20% within given hour period- seperate blocs for advertising obligatory


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5.1.1 Television without frontiers -Directive 1989 Continued

* Interdicted :

- surreptitious advertising

- interruptive advertising

(but natural breaks ok!) (but once after 45 min of one programme OK) other detailed procedures for interrupting as in

children programmes)

- advertising for tobacco and prescription medicines

- advertising directly exhosting minors to buy product


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Interdicted :

* Advertising which lacks respect of human dignity,includes discrimination (race, sex, nationality),

offenses religious/political beliefs, is dangerous tohealth/safety/environment

* Sponsorship of programmes is permitted if

- programme not influenced by sponsor

- sponsored programme is identified as such


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* Sponsorship of programmes is permitted if continuation.

- Sponsored programme does not encourage buyingof product of sponsor

- Not by a tobaccocompany,

for medical products/treatments

- Programme is news


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* Special rules for advertising for alcohol

(e.g. encourage immoderate consumption)

* Protection of minors :

- programmes impairing physical/mental development of minors(violence, pornography) interdicted

- exception : transmission time not normally seen by youth

- programmes must not incite hatred on grounds of race, sex,

nationality

* Right of reply for any person damaged by incorrect facts


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5.1.1 Television without frontiers

Directive - Problems :

- Legal uncertainties

- Scarcity/costs of european AV-content

- No hard measures against infringement of EU-content rules(only reportsshaming and blaming )

Therefore revision of Directive in 1997:

* Principle of jurisdiction : MS is responsible for TV, if its head

quarters and programming decisions are located on its territory

(or satellite frequences given by it)


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5.1.1 Television without frontiersDirective Problems - continued :

* Events of major importance for society(such as sporting events) :

- must be open for free broadcasting to everybody, list of events by MS

- must be broadcast unencoded even if exclusive rights purchased

by pay-TV-channels

* Teleshopping : subject to most of rules for advertising.

Blocks to last at least 15 minutes

* Protection of minors : potentially dangerous programmes

have to be preceded by accoustic or optical signal

5 1 2 P t l i A t d T t (1997)


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5.1.2. Protocol in Amsterdam Treaty (1997):

Protection of public broadcasting:

Problem: - public broadcasting frequently obtains state aids(license fees; fixed tariffs for TV advertising)

- State aids in principle interdicted or only with

special permission

Solution: Protocol protects public broadcasting ofapplication of EU-law, if

* State aid is necessary for accomplishing public

broadcasting obligations

* And if competition between actors is not substantiallyinfluenced


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5.1.3. EC-Communication on public TV (2001):

Contains obligations for public broadcasting :

- General audiences must be able to use its offeredservices

- Technological progress has to be used

- Advantages of new AV-services have to be propagated

- Digital technology is to be used

- Broad spectrum of program content and ...

- high viewing quotas are to be pursued


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5.1.4. Communication on public TV (2001)continued :

* EC checks financial situation of all public-broadcasting stations separately/individually

* Prerequisites for approval of state-aids:

- Democratic, social and cultural demands have to besatisfied by program

- Media pluralism is maintained

- Supply of AV-services is maintained (territorial, timely)

- Not only entertainment, but also information/educationis offered


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5.1.4.Communication on public TV (2001) continuation :

- Adherence to and communication of common valuesas

freedom of opinion, speech right of counterstatement

fair balance of program contents

protection of intellectual property rights

cultural and linguistic pluralism protection of minors, consumer interests


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5.1.5. Communication on film industry (2001):

Problems: - State aid to film industry (1,6 m E p.a.)

- "State" = Nation, Region, community

- State aids in EU in principle interdicted /

obligation of approval

Solutions": - Film-Communication 2001 protects film

industry of EU-law, if state-aids fulfil certain

criteria

- Film-communication prolongated 2009-2012


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5.1.5. Film Communication criteria for approval of state aids :

- Other MS are not discriminated equal treatment !

- Free movement of goods and services guaranteed

(free access to markets/exchange of programs)

- Focus on cultural creativity, not on other aspects

of film industry


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5.1.5. Film Communication criteria for approval of state aids

continuation :

- Compliance with upper limits of state aids (maximum50 % of production costs to avoid competition withaids attracting for instance US-producers)

- Up to 20 % of production costs may be spent in otherthan in subsidising country


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5.1.6 Audiovisual Media Services Directive (2007):

Motives :

* Technological progress since 1989/1997

* Market developments

Principles :

* Technological neutrality Directive concerns any AV content,irrespective of technology used for delivery (TV, Internet, mobile phone)

* Distinction between linear (traditional) and non-linear

(on demand) services

* Services concerned are commercial (not private internet

websites!),directed to general public and designed as a

programme (so AV-elements on websites are not covered!),

and under editorial responsibility.


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5.1.6 Audiovisual Media Services Directive (2007)

continued

Rules applied to linear services only :

* Events of major importance

* Quota for European TV programmes

* Time limits for advertising and tele shopping

* Protection of minors stricter rules than for

on-demand

* Right of reply


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5.1.6 Audiovisual Media Services Directive (2007)continued

Rules applied to non-linear services only :

* protection of minors only for content seriously impairing

minors

* Only general promotion of European works

Rules applied for non-linear and linear services:

* Identifying the media provider

* Interdiction of incitement to hatred

* Accessibility for people with disability

* Advertising rules

* Sponsoring rules

* Product placement rules


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5.1.6 Audiovisual Media Services Directive (2007) continued

Restrictions by MS for receiving possible if

* approved by Commission

* exceptional circumstances as

for TV : serious violations against human dignity orprotection of minors

for on-demand : also for risk to public health,security, consumer protection


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continued

What is new ?* Wider coverage : covers all media services,

on-demand and linear

* Different levels of strictness, graduated regulation :

because viewers can control on-demand offers better,fewer/less strict rules apply

* Restriction of unsuitable content : e.g. neo-nazi propaganda,

which cannot be restricted in its country of origin

* Same rules apply for all forms of commercial

communication (advertising, sponsorship, teleshopping)


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What is new? - continued

* Promotion of European works also by non-linear services !

* Product placement : allowed, if identified, if not unduly

prominent, if not unhealthy

* Television advertising : new challenges addressed,

as unhealthy foodstuff

* Access for disabled persons : TV stations must offer

e.g. subtitling and audio description

* Independent national regulators recognised, must cooperate


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5.1.6 Audiovisual Media Services Directive

Results :

Infringement procedures, examples :

* Estonia warned to apply its advertising rules (2009)

* Court action against Spain because of excessivespot-advertising (2008)

Promotion and distribution of European works, examples :

* Eight report (2008) :- 63% of transmission time European works

-35% independent works

5 1 6 A di i l M di S i Di ti


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5.1.6 Audiovisual Media Services DirectiveResults - continued :

Lowest quota of European works: - 50% Ireland

Highest quota of European works: - 86% Denmark

Lowest quota of Independant works : - 16% Denmark

Highest quota of Independant works : - 45% Austria

* Seventh report (2006) :

- 60% European works- 30% Independent works

* Sixth report (2005) :- 67% European works (still EU -15!!)- 38% Independent works


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5.2. EU Audiovisual Policy Financial aids:

The MEDIA-programmes

MEDIA I 1990-1995 200 Mio Euro

MEDIA II 1996-2000 310 Mio EuroMEDIA Plus 2001-2005 400 Mio Euro

MEDIA 2007 2006-2013 755 Mio Euro

Media International 2008-2010 8 Mio Euro

Media Mundus 2011-2013 15 Mio Euro


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5.2.1. MEDIA-Programmes - Origins:

* Rise of private TV in eighties creates additional demandfor TV-programs (films,)

* This demand gets increasingly satisfied by

US-producers

* Advance of TV leads to decrease of cinema visits,specially of European productions

* European film production loses market shares


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5.2.1. MEDIA-Programmes Principles:

* Support only of pre- and post production-activities offilm production itself !

* Film distribution (within EU and outside) has priority -65% of subsidies!

* Leverage-effect of subsidies :

Each Euro of subsidies produces 6 Euros of privateinvestments !


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5.2.1. MEDIA-Programmes Objectives:

* Strenghtening of competitiveness of EU-film industry(2007 : market share of Hollywood in EU is 63%!!)

* Strenghtening of production and distribution ofEuropean AV-products within and outside of EU

* Promotion of cultural diversity in Europe and facilitation

of intercultural dialogue


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5.2.1. MEDIA-Programmes Instruments:

* Promotion of networks of training institutions (e.g. forscreenplay writing; project development; filmmanagement; use of new technologies)

* Support of distribution (e.g. distribution companies;DVD; production; cinemas; TV-transmission)

* Boosting of marketing activities for films

* Encouragement of pilot projects use ofnew technologies


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5.2.1. MEDIA-Programme Problems:

* Low endowment

* MS with strong vs MS with weak film industry

* Still dominance of US-film supply

* Distribution companies frequently non-European* Language barriers (subtitling; dubbing)

* National support programs for film continue to exist

competing subsidies/competition with subsidies,not for subsidies

* Cinema is under pressure of DVD, video on demand


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5.2.2. MEDIA-2007 New accents :

Reasons : Digitalisation; enlargement to the east

Additional objectives:

* Focus on SME-structures

* Facilitation of private investments

* Focus on MS with weak film industries (languageproblems, size of MS)

* Priority for impacts of digitalisation


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5.2.3. MEDIA-MUNDUS-programme :

Purpose :

* To strenghten cultural and commercial relationsbetween EU-film industry and film-makers of thirdcountries

* Two way flow of films/AV-works, mutual benefits

Basis :

* Experiences of Preparatory Action MEDIA-International 2008-2010

- Funding 8 mio Euro, 58 projects



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p g :Experiences with Preparatory action continued

- Funded projects :

continuous training of AV-professionals

promotion of films(reciprocal)

- support of marketing/distribution agreements

- support of marketing outside/within EU

cinema networks which devote programming mainly

to EU films and third countries films

awareness-raising for EU/third country films(reciprocal)


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Experiences with Preparatory Action -

continued

Eligible costs :

- between 50% (in EU MS) and 80% (in third

countries)

Eligible applicants :

- coordinator of applicant group located in EU- at least one applicant located in third country

- only legal persons


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Experiences with Preparatory Action

continued

Selection criteria for projects :

- operational capacity

- financial capacity

Award criteria for projects :

- quality of proposals submitted in terms of objectivesand priorities set

Problems: * small amounts of funding

* discrimination in funding of big MS filmproducers vs.others



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Motives :

* Small presence of EU films on big markets likeAsia, Latin America

* To increase competitiveness of film industries in EU,third countries (mainly vis--vis US films!)

* To fill the gap left by film support programmes likeMEDIA, Euromed Audiovisual, EU-ACP supportprogramme for film and cinema/AV industries

* Difference of preparatory action to above-mentioned-programmes : Reciprocity !

5 2 3 MEDIA MUNDUS programme :


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Motives :

* Increasing demand for content due toVideo-on-demand, internet TV or multichannel-digital TV

* Increasing cultural diversity of film offer in EU

* Intensifying intercultural dialogue

* Positive experiences with preparatory action,

interest of third countries

* Strengthening of Europe in the world,

soft diplomacy


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5 2 3 MEDIA MUNDUS programme


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5.2.3. MEDIA-MUNDUS-programme continued

Funding : * 15 mio Euro 2011-2013* first call for proposals 2ndhalf 2010

Objectives :

Specific Objective 1: Information exchange andmarket intelligence

1) Building up websites and databases

2) Network of contact points

4) Initial training

5) Continuous training

6) Market access mechanisms

5 2 3 MEDIA MUNDUS


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5.2.3. MEDIA-MUNDUS-programme continued

Specific Objective 2: Facilitating internationalco-production activities

1) Development

a) Script developmentb) Co-production markets/partner search (pitching)

2) Co-production

a) Supplement existing co-production funds

b) Access to finance

Specific Objective 3: Distribution and circulation


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Specific Objective 3: Distribution and circulationsupport

1) Support to partnerships of rights holders, sales agentsand distributors

2) Cinema network

3) Support to broadcasters and digital platforms

Specific Objective 4: Reach new audiencesand promote Film literacy

1) Festivals

2) Special events

3) Networks to target young audiences including educationactivities

4) Support for TV programmes dedicated to young audiences

audiovisual policy of the european union

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