television without frontiers the scope of the new directive thibault verbiest partner at ulys law...
TRANSCRIPT
Television without frontiersThe scope of the new directive
Thibault Verbiest
Partner at Ulys Law Firm (Brussels-Paris)Senior Lecturer at University Paris I Panthéon-Sorbonne (France) Senior Lecturer at University Paris II Panthéon-Assas (France)
I. Aim of the revision
= To introduce basic principles for ALL audiovisual media services (both linear and non linear services)
Extension of the scope of the TVWF directive to the non linear services
II. What covers the notion of « audiovisual Media Services » ?
A.Covers the use of mass media to inform, entertain and educate
• Excludes any form of private correspondenceexamples : e-mails
• Excludes services that contain some audiovisual content if this content is ancillary to, and is not
the principal purpose of the serviceexamples : travel agency showing a clip of a holiday resort on its website
B. Covers TV-like services
Excludes : electronic versions of newspapers or magazines, web sites without audiovisual media content, mere
audio transmissions or radio
C. Covers linear and non linear services
III. Minimum principles applicable on linear and non linear services
1. Distinction between linear and non linear services
Non linear services (= on demand services) : « any audiovisual media service where the user decides upon the moment in time when a specific programme is transmitted on the basis of a choice of content selected by the media service provider »
The distinction depends on who decides when a specific programme is transmitted and whether schedules exist
2. Basic tier of rules for linear and non linear services
Concerns : - protection of minors- prohibition of incitement to hatred- identification of the media service provider- identification of commercial communication- prohibition of surreptitious advertising- clear rules on product placement and sponsoring- qualitative restrictions on advertising
For other issues : application of the eCommerce Directive to non linear services
