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AVMS Directive and New Media (definition of AV Media Service)

AVMS Directive and New Media (definition of AV Media Service). Non-linear audiovisual media service: 1. Economic activity (ECT) 2. Under the editorial responsibility of a media service provider 3. With mass media character 4. Function to inform, entertain, educate the general public

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AVMS Directive and New Media (definition of AV Media Service)

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  1. AVMS Directive and New Media(definition of AV Media Service)

  2. Non-linear audiovisual media service: • 1. Economic activity (ECT) • 2. Under the editorial responsibility of a media service • provider • 3. With mass media character • 4. Function to inform, entertain, educate the general • public • 5. Provision of programmes (TV-like) as principal purpose • 6. Audiovisual character • 7. Provided by electronic communications network • 8. At the moment chosen by the user • 9. At his individual request • 10. On the basis of a catalogue of programmes selected • by the media service provider

  3. (21) For the purposes of this Directive, the definition of an audiovisual media service should cover only audiovisual media services, whether television broadcasting or on- demand, which are mass media, that is, which are intended for reception by, and which could have a clear impact on, a significant proportion of the general public. Its scope should be limited to services as defined by the Treaty on the Functioning of the European Union and therefore should cover any form of economic activity, including that of public service enterprises, but should not cover activities which are primarily non- economic and which are not in competition with television broadcasting, such as private websites and services consisting of the provision or distribution of audiovisual content generated by private users for the purposes of sharing and exchange within communities of interest. (22) For the purposes of this Directive, the definition of an audiovisual media service should cover mass media in their function to inform, entertain and educate the general public, and should include audiovisual commercial communication but should exclude any form of private correspondence, such as e-mails sent to a limited number of recipients. That definition should exclude all services the principal purpose of which is not the provision of programmes, i.e. where any audiovisual content is merely incidental to the service and not its principal purpose. Examples include websites that contain audiovisual elements only in an ancillary manner, such as animated graphical elements, short advertising spots or information related to a product or non-audiovisual service. For these reasons, games of chance involving a stake representing a sum of money, including lotteries, betting and other forms of gambling services, as well as on-line games and search engines, but not broadcasts devoted to gambling or games of chance, should also be excluded from the scope of this Directive. 3

  4. (23) For the purposes of this Directive, the term ‘audiovisual’ should refer to moving images with or without sound, thus including silent films but not covering audio transmission or radio services. While the principal purpose of an audiovisual media service is the provision of programmes, the definition of such a service should also cover text-based content which accompanies programmes, such as subtitling services and electronic programme guides. Stand-alone text-based services should not fall within the scope of this Directive, which should not affect the freedom of the Member States to regulate such services at national level in accordance with the Treaty on the Functioning of the European Union. (24) It is characteristic of on-demand audiovisual media services that they are ‘television-like’, i.e. that they compete for the same audience as television broadcasts, and the nature and the means of access to the service would lead the user reasonably to expect regulatory protection within the scope of this Directive. In the light of this and in order to prevent disparities as regards free movement and competition, the concept of ‘programme’ should be interpreted in a dynamic way taking into account developments in television broadcasting. 4

  5. (25) The concept of editorial responsibility is essential for defining the role of the media service provider and therefore for the definition of audiovisual media services. Member States may further specify aspects of the definition of editorial responsibility, notably the concept of ‘effective control’, when adopting measures to implement this Directive. This Directive should be without prejudice to the exemptions from liability established in Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) ( 1 ). (26) For the purposes of this Directive, the definition of media service provider should exclude natural or legal persons who merely transmit programmes for which the editorial responsibility lies with third parties. (27) Television broadcasting currently includes, in particular, analogue and digital television, live streaming, webcasting and near-video-on-demand, whereas video-on-demand, for example, is an on-demand audiovisual media service. In general, for television broadcasting or television programmes which are also offered as on- demand audiovisual media services by the same media service provider, the requirements of this Directive should be deemed to be met by the fulfilment of the requirements applicable to the television broadcast, i.e. linear transmission. However, where different kinds of services are offered in parallel, but are clearly separate services, this Directive should apply to each of the services concerned. (28) The scope of this Directive should not cover electronic versions of newspapers and magazines. (29) All the characteristics of an audiovisual media service set out in its definition and explained in recitals 21 to 28 should be present at the same time. 5

  6. Some rules are applicable to all the media services: • Identification of media service provider • Prohibition of incitement to hatred • Accessibility for people with disabilities • Qualitative requirement for commercial communications (recognizable, respect of human dignity, no discrimination…) • While other rules only apply to the TV broadcast: • Events of major importance and short news reporting (Chapter V) • Quotas for promotion and distribution of European television programs (Chapter VI) • Time limits for TV advertising and teleshopping (Chapter VII) • Stricter rules on the protection of minors (Chapter VIII) • Right of reply (Chapter IX) • As for the video-on-demand services, the directive defined a more flexible regulation: • Protection of minors (Article 12) • General promotion and distribution of European works (Article 13) 6

  7. http://europa.eu/rapid/press-release_IP-09-1983_en.htm

  8. http://europa.eu/rapid/press-release_MEMO-12-306_en.htm?locale=enhttp://europa.eu/rapid/press-release_MEMO-12-306_en.htm?locale=en Implementation of the AVMSD 25 Member States have notified complete transposition of the AVMSD into theirnational legislation. Two Member States – Poland and Belgium - still need to adapttheir legislation.

  9. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52012DC0203:EN:NOThttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52012DC0203:EN:NOT REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS First Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the application of Directive 2010/13/EU (Audiovisual Media Service Directive) Audiovisual Media Services and Connected Devices: Past and Future Perspectives/* COM/2012/0203 final */ As regards the transposition of the AVMSD, by the end of 2011 notifications had been received from a total of 23 Member States, twenty of which amounted to full transpositions. Three Member States still need to make some changes to their legislation in order to comply with the Directive. Measures communicated by two Member States are still being examined. At the end of 2011, seven infringement proceedings for non-communication of transposition measures were still pending. In the monitored Member States alcohol advertising represents between 0.8 % and 3 % of overall advertising activity (…) very few cases of clear infringements have been found. However, a significant proportion, more than 50 %, of the advertising spots contained elements which might be linked to some of the characteristics banned by the AVMSD, although in view of the detailed requirements of the AVMSD they fell short of constituting a clear cut infringement. The AVMSD also regulates advertising targeting children. (…) Content analysis of the 100 most frequently broadcast advertising spots showed that the Directive’s provisions on the protection of minors in advertising were seldom contravened. (…) there are few infringements of the AVMSD. Nevertheless, it does appear that advertising techniques geared towards minors are frequently used in television advertising. Five Member States prohibit advertising in children’s programmes. Member States and stakeholders raised the question whether cross-border broadcasts of gambling advertising fall within the areas coordinated by the AVMSD. Article 1(1)(h) is intended to cover all forms of audiovisual commercial communication (…) However, the AVMSD does not apply to gambling services as such.

  10. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52012DC0203:EN:NOThttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52012DC0203:EN:NOT REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS First Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the application of Directive 2010/13/EU (Audiovisual Media Service Directive) Audiovisual Media Services and Connected Devices: Past and Future Perspectives/* COM/2012/0203 final */ The emergence of Connected or Hybrid TV integrating Internet and Web 2.0 features into modern television receivers marks a new stage in the convergence of Internet and TV. (…) Connected TV services are currently operational in Germany and Italy and about to be introduced in France and the UK. (…) Although many of the TV sets sold now are connectable, only 20% to 30 % are actually online. With more citizens having access to higher Internet speeds, and the increase of connected devices and available content, it can be expected that Connected TV will grow relatively fast over the next few years. In addition to traditional broadcast TV, connected devices including tablets, smart phones and consoles also provide consumers with access to video-on-demand services through apps and catch-up TV services from broadcasters’ own hybrid broadcast/broadband platforms. Estimates predict 47 million active connected in-home devices in Europe including connected TV sets, games consoles, standalone TV set-top boxes, Blu-ray disc players and pay-TV set-top boxes by the end of 2011.(…) Foreseeable technological developments might blur the boundaries between broadcasting and over the top delivery of audiovisual content. As a result, the current regulatory framework set by the AVMSD may have to be tested against evolving viewing and delivery patterns taking into account related policy goals such as consumers' protection and the level of media literacy. As the possible impact on the market and the regulatory framework are not totally clear yet, a full assessment of the current and future situation should be made.

  11. http://europa.eu/rapid/press-release_MEMO-12-306_en.htm?locale=enhttp://europa.eu/rapid/press-release_MEMO-12-306_en.htm?locale=en Keyissues - advertisingpractices - furtherguidance on Connected TV (whichis internet enabled TV) TasksforCommission: - Launch a public consultation on Connected TV (second half 2012) - Update itsguidance on televisedadvertising in 2013 AVMS isworking, but… future????

  12. New Notion of Media – New Media http://www.youtube.com/watch?v=xribiLGmYLI Karol Jakubowicz, Keynote speaker of the "A New Notion of Media" Ministerial Conference -28-29 May 2009, Reykjavik.Chairman, Intergovernmental Council of the Information for All Programme, UNESCO. He worked as a journalist and executive in the Polish press, radio and television for many years. He has been involved in policy-making and regulation in the field of broadcasting in Poland and internationally curriculum vitae

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