On 13 December 2005, after several public consultations, the European Commission adopted the legislative proposal for the revision of the “Television Without Frontiers” Directive (Directive 97/36/EC). The Commission proposal is for a new Directive on Audiovisual Media Services, which aims to modernise the current “Television without Frontiers” Directive (TWFD).
Background Information
The current “Television Without Frontiers” Directive (first adopted in 1989, then revised in 1997) establishes the legal framework for television broadcasting activities in the European Union. The TWF Directive is considered by the Commission to be the “cornerstone” of the European broadcasting policy. Through the TWF Directive the European Union seeks to create the conditions necessary for unrestricted broadcasting across the territory of its Member States.
If implemented, the revised TWF Directive can be expected in 2008/09 at the earliest. It will include a transitional period for implementation of the proposal at National level.
From a public health perspective, the revision of the advertising framework will impact on the regulation of advertising of unhealthy foods, cigarettes and tobacco products, alcohol, and medicinal products and treatments. The proposed Directive also opens the debate on who regulates advertising in audiovisual services, including the concerns of many of Europe’s citizens about the effectiveness of self-regulation of the advertising industry.
What do EPHA and its members think?
EPHA welcomes the revision of the Television Without Frontiers Directive and we generally agree with the approach of the Commission to find a technology neutral approach for regulation of all audiovisual commercial communications whether linear or non-linear. However, this approach should not result in downward harmonisation and in the abolition of important audiovisual commercial communications rules in the TV sector.
EPHA’s comments and concerns are rooted in public health concerns, especially the protection of minors. It is generally agreed that this Directive must remain a minimum harmonisation directive that allows individual Member States to go beyond the minimum requirements of the Directive, therefore it is of utmost importance that the Directive includes provisions to protect the public health of minors. This concern is in line with the Commission’s impact assessment.
The revision of the advertising framework impacts directly on public health issues such as food, tobacco, alcohol and medicinal products. The Directive also reopens the debate on the ability of the commercial sector to co-regulate or self-regulate. The scope of the Directive is creating confusion at all levels and thus has the potential to pose serious threats to the safeguarding of the public health of Europeans.The regulation of non-linear services in particular is problematic, especially in protecting minors and protecting citizens’ health.
Why the need to revise the current regulatory framework?
The rapid pace of technological developments since 1989 has led to a need to modernise many of the current “TV without Frontiers” rules substantially. This is accompanied by a corresponding increase in the provision of non-linear services, notably video on demand (for more information on linear and non-linear services, see page 4 of EPHA’s Briefing and Position Paper attached below).
Web TV, interactive TV, and films on mobile telephones are now available on demand to most Europeans and compete with a vast array of traditional linear TV programmes broadcast in fixed schedules.
In recognition of the changing nature of the audiovisual industry, the proposed Directive on Audiovisual Media Services aims to expand the rules beyond traditional (linear) broadcasting to all types of audiovisual media services. In other words, the proposal aims to create a single market for all types of television services, irrespective of the technology used to transmit them.
EPHA Members active on the issue:
Eurocare/Actis (position paper attached)
European Network for Smoking Prevention
European Heart Network (position paper attached)
For more Information:
EPHA and BEUC organised an Health and Consumer Intergroup within the European Parliament on advertising unhealthy food to children: parents under pressure, obese children
OSI report on Television accross Europe "Television across Europe: current situation and challenges"
