Press Release

Strasbourg, 14 April 2003

Is the audiovisual sector favorable for new forms of regulation?

The first round of public consultation on the review of the "Television without Frontiers" Directive took place in Brussels from 2 to 4 April 2003. The discussions, which attracted great interest among the relevant fields of industry, covered topics such as the protection of general interests in television advertising, sponsorship, teleshopping and self-promotion; access to events of major importance to society; and short extracts of events. Although the European Commission, which conducted the hearing, stressed that its aim was to gather different opinions and points of view, it did not intend, at this stage, to enter into the discussion itself.

Although possible forms of regulation did not form a separate agenda item, it became clear at various times that, alongside the debate on the content of television regulations, the type of legal instrument ("Directive") used is also under scrutiny. For example, the participants in the hearing discussed the extent to which the "advertising and youth protection field" might be regulated through self- and co-regulation. They also wondered whether the "Television without Frontiers" Directive in its current form could be transposed into national law through self- and co-regulation and whether the different national legislative bodies would consider such a process to be satisfactory. With regard to the application of Articles 18 to 19a, which regulate admissible transmission time for TV advertising, the Commission even asked in its discussion paper whether self- and/or co-regulatory mechanisms would help to ensure consistent transposition of the Directive. In another discussion paper on short reporting, the Commission asks whether forms of self- and/or co-regulation are suitable for regulating the right to broadcast short extracts.

These observations, and many others besides, are not new, but they are being increasingly debated. This is why the European Audiovisual Observatory has published a topical IRIS Special under the title Co-Regulation of the Media in Europe. This publication provides comprehensive information about the necessary conditions for introducing so-called "new" forms of regulation at national and European levels. As well as a detailed description of European legal provisions on co-regulation, the articles by various experts give practical examples of existing self- and co-regulatory frameworks, including in the fields of advertising and youth protection. In addition, the IRIS Special gives examples of texts relating to current self- and co-regulatory mechanisms. On balance, the message of this publication and of the first round of hearings in Brussels could be summarised as follows:

The media are already regulated through self- and co-regulation; as alternatives to traditional forms of regulation, the latter can therefore not be ignored in discussions concerning the "Television without Frontiers" Directive.

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For details or questions, contact:

Markus Booms, Marketing Officer, European Audiovisual Observatory
E-mail: Markus.BOOMS@coe.int
Tel.: +33 (0)3 90 21 60 06, Fax: +33 (0)3 90 21 60 19

The European Audiovisual Observatory

Established in Strasbourg in December 1992, the European Audiovisual Observatory is dedicated to gathering, processing and publishing information on the European audiovisual sector. A European public service organisation, it currently comprises 35 Member States and the European Community which is represented by the European Commission. It operates within the legal framework of the Council of Europe and works with various partners, relevant professional organisations and a network of correspondents. Its main activities are producing publications, databases and a comprehensive Internet site.