At a time when European broadcasters are increasingly looking to their advertising revenue to finance their operations and adapting their programming to maximise their audiences, it’s worthwhile considering the forces at work to keep cultural programming on European television screens. To this aim, the European Audiovisual Observatory has just published its latest Iris plus entitled:

In this new report, Thorsten Ader of the Institute of European Media Law (EMR) analyses the notions of what actually constitutes cultural and regional programming, looks at the various European and national legal structures in place to protect this kind of output and also details in practical terms how various European broadcasters apply these rules to their programming and production strategies. His analysis looks at the cultural and regional remit of public service broadcasters and at the same time deals with the duties placed upon commercial broadcasters regarding cultural programming.

Without launching into a lengthy definition of the term “culture”, Ader nevertheless explores the notion of cultural programming as “high quality content from the realms of music, art, theatre etc.” but also indicates that cultural programming involves audiovisual creation by the television companies themselves in that they offer “a professional context for the creative process”. In addition, he points to the important role of cultural programming in reinforcing the identity of the different regions of Europe.

The report then examines the various international and European legal instruments in place to protect and promote cultural and regional output on our television screens. The UNESCO’s “Convention on the Protection and Promotion of the Diversity of Cultural Expressions” , the Council of Europe’s “Recommendation on measures to promote media pluralism” and Article 151 EC of the Maastricht Treaty are all examined as possible ways of obliging European broadcasters to ensure a certain amount of cultural content in their programming. The efficiency of these legal instruments is set against a context of increasing deregulation of the trade in goods and services. Ader feels that the role of the European Union in this sense is interesting as “it energetically advocates creation of an international legal instrument to protect cultural diversity” while objecting to the introduction of measures by its Member States “on the grounds that they are incompatible with the single market and/or fundamental freedoms”.

Ader goes on to examine the national legal position of seven different European countries, ranging from the UK to Slovenia. The report analyses national provisions to provide regional coverage but also provisions designed to support the economic aspect of regional production.

As a result of this country by country analysis, the report is able to conclude that the interdependence between regionality and culture in television programming is clearly reflected in the legal provisions of the countries examined. However, the concept of “regions” differs greatly from one country to the next. For example, in Slovenia, population density of specific areas defines the regions whereas the UK considers everything outside the London catchment area to be “regional”. Ader concludes that regional programming is ensured by one of two models: a network of independent regional television stations covering their own respective regions (such as the German third channel stations or the UK’s ITV) or, alternatively, through the regional centres under the overall control of a national broadcaster with countrywide coverage.

The European Audiovisual Observatory Set up in December 1992, the European Audiovisual Observatory's goal is to gather and distribute information on the audiovisual industry in Europe.  The Observatory is a European public service body comprised of 37 member states and the European Union, represented by the European Commission.  It operates as a partial agreement of the Council of Europe and works alongside a number of partner and professional organisations from within the industry, together with a Europe-wide network of correspondents.  In addition to contributions to conferences, other major activities are the publication of a Yearbook, a newsletter and reports, the management of the LUMIERE, KORDA and IRIS MERLIN databases, and the provision of information through the Observatory's Internet site: www.obs.coe.int.