IRIS Special

The Regulatory Framework for Audiovisual
Media Services in Russia

Electronic edition (PDF file): 94,50 Euros
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ISBN 978-92-871-6806-1

Both editions: 97,50 Euros
ISBN 978-92-871-6809-2

Also available in French and German

2009 saw a steady flow of information on the EU’s Audiovisual Media Services Directive and one does not need a crystal ball to predict the next wave of information that will spill over our desks in 2010, be it to tell us about transposition and implementation or about EU enforcement measures. The European Audiovisual Observatory has already analysed some of the core questions that the Directive raises, concentrating especially on those that are likely to continue to trouble legislators, regulators and the industry. As a result, we published in June 2009 the IRIS Special entitled “Ready, Set… Go? – The Audiovisual Media Services Directive”.

What we did not do so far is to inform about the legal framework for audiovisual media services outside the scope of EU legislation. The wider Europe as covered by the Council of Europe and thus the Observatory goes far beyond the geographic reach of the Directive. To have its media industry unfold, more and different information is needed. One huge territory, home to around 17 percent of the European citizens and thus a significant amount of (potential) recipients of audiovisual media services, is Russia. Yet despite the economic potential of this sizable market, it seems that at least outside of Russia little has been published on the legal conditions that the audiovisual industry must meet....

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Editorial

I. General aspects

1. National policy and general problems in the regulation of audiovisual services

a. General approach
b. Applicability of traditional requirements to new audiovisual media services (Mass character / Periodicity / Dissemination)
c. Attempts to introduce a separate law for online services
d. Development of new services: the State policy and "soft law"
e. Russia's position with regard to the Convention on Transfrontier Television

2. Key notions of the regulations and their interpretation

a. Freedom of broadcasting
b. Jurisdiction over audiovisual media services originating from third countries
c. Development of broadcasting
d. Government-private sector partnership
e. Uniform licensing for all audiovisual media services
f. Must-carry rules

3. Licensing requirements for audiovisual media services

a. System of dual licences (Broadcasting licence / Communications licence)
b. Legal instruments of television licensing today
c. Registration of media outlets
d. Specific aspects of the current licensing system (Status of the competition body / Criteria for competitions / Programme policy / Duration of licence /Transfer of licence / Revocation of licence and case law)
e. Line-up in the digital era

4. State versus public service broadcasting

a. Ideology of state broadcasting
b. State broadcasting as an alternative to public service broadcasting
c. Content obligations for state broadcasting

5. Media ownership and concentration
6. Foreign property

II. Specific areas

1. Right of reply
2. Product placement
3. Right to short reporting
4. Protection of public morals
5. Protection of minors
6. Rights of national minorities
7. Restrictions to counter extremism

III. Regulatory means

1. Self-regulation and co-regulation

a. Self-regulation mechanisms: charters and codes
b. Self-regulation and co-regulation bodies
c. Public control through boards at state-run channels
d. Obstacles to self-regulation

2. Regulation by the national regulatory authority: the case of advertising

a. Regulation of commercial speech
b. Monitoring and control of compliance with advertising rules

3. Co-operation with authorities outside of Russia

IV. Summary and Outlook