Seminar EUROPEAN COMMUNITY REGULATION OF COMMERCIAL COMMUNICATIONS IN AUDIOVISUAL SERVICES IN THE AG

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Seminar EUROPEAN COMMUNITY REGULATION OF
COMMERCIAL COMMUNICATIONS IN AUDIOVISUAL SERVICES
IN THE AGE OF CONVERGENCE

• Prof. Roberto Mastroianni
• (Università degli Studi di Napoli Federico II)
• WARSAW 8th December 2005

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Purpose and importance of qualitative and
quantitative advertising rules envisaged in the
Television Without Frontieres Directive
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Advertising Rules in the TWFD

• TWFD actual text Chapter IV
• Rules on recognition and separation (art. 10)
• Rules on insertions (art. 11)
• Rules on particular products and protection of
  minors (artt. 13-16)
• Rules on sponsorship (art. 17)
• Rules on the amount of advertising and
  teleshopping (artt. 18-19a)

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Need of Clarifications of Existing Provisions
examples

• Isolated spots. When exceptional?
• Programs consisting of autonomous parts. Notion
  of interval.
• Insertion of advertising and Matrioska programs
  (audiovisual works)
• Product placement and surreptitious advertising
• Calculation of hourly duration for other forms
  of advertising. Telepromotions

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The Procedure for Revision

• 1997 Revision
• Only few changes (teleshopping, quantitative
  rules)
• Current Revision Procedure
• Rules on advertising are discussed at the
  Commissions initiative (focus group 2 Issue
  paper n. 4)
• Partially anticipated by the Interpretative
  communications of April 2004 (e.g. product
  placement)
• Text circulating in November 2005 distinction
  between linear and non-linear services

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Which new rules? European Commission Issue paper
n. 4 and new Proposal

• In favour of more flexibility
• No different rules for public broadcasters
• MS still may choose deeper or stricter rules for
  domestic broadcasters
• Two tiers
• Rules common to all audiovisual commercial
  communications
• Rules applicable only to linear services

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The new framework non-linear services

• Horizontal rules for all media services
  providers (new art. 3g) lighter approach
• Principle of identification
• General principles on h.r. protection
• Basic principles on alcohol and minors
• No provisions on pharmaceutical products or
  tobacco (other legislative instruments)
• Proper choices for non-linear services?

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The new framework traditional broadcasting

• Basic question do qualitative and quantitative
  rules for the linear transmission of
  advertising need amending?
• Which interests are involved? (fair distribution
  of revenues, press, integrity of programs,
  protection of viewers)
• Reasons given by the Commission in favor of
  flexibility
• New opportunities created by new advertising
  techniques flexibility in applying the
  principle of separation
• Increased choice for viewers no need of
  detailed rules for the protection of viewers
• Only some categories of programs which require
  specific protection against excessive
  interruptions

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The new framework A - Separation and
identification of advertising (new art. 10)

• Separation and Recognition rules remain unchanged
• Rule of separation derogated by legitimate
  product placement? Preamble
• Repealing of the rule imposing exceptional use of
  isolated spots (art. 10, par. 2)

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The new framework B - Insertion of advertising
(new art. 11)

• Repealing of the general rule on the insertion
  between programs (par. 1, first part).
• Repealing of the autonomous parts and intervals
  rule (par. 2)
• Modification of the rule for audiovisual works
  (par. 3)
• Repealing of the 20 minutes rule (par. 4) not
  envisaged by the Focus group
• Repealing of the 30 minutes rule for childrens
  programs and news programs (par. 5)

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The new framework C - Qualitative restrictions
- Articles 13 to 16

• Are we satisfied with the existing rules?
  (minors, advs for food)
• Proposal of the Commission Extension of the
  basic rules to any audiovisual commercial
  communications. Existing rules for linear
  programs (but product placement!).

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The new frameworkE - Hourly and daily
advertising limits for linear services (new Art.
18)

• Abolition of the daily limits (no added value
  very high limits)
• Maintaining hourly limits (20) for any forms of
  advertising and teleshopping spots. No definition
  of teleshopping spots
• Other forms of teleshopping (windows) meet no
  temporal limitations

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Monitoring and sanctioning

• Necessity of strict observance of the rules in
  the MS (distorsions of the advertising market)
• Effective system of monitoring and sanctioning at
  the national level. Necessity of more detailed
  rules on sanctions

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Virtual, interactive and split-screen
advertising examples of national legislations

• Split screen and virtual advertising not
  permitted in Portugal and France.
• Split screen allowed in Germany and UK
• Virtual advertising allowed in Greece and Spain

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Virtual, interactive and split-screen advertising

• Split-screen
• Simultaneous transmission of advertising and
  editorial content
• Doubts on conformity with TWFD Art. 10
  (principle of separation) and 11 (interruption of
  programs for any insertions during programmes)
• Council of Europe Standing Committee covered by
  the European Convention but submitted to rules on
  separation, insertion and duration of advertising
  
• Interpretative Communication of the European
  Commission (April 2004) compatible with the
  Directive. All the qualitative and quantitative
  rules are applicable in full.

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Virtual, interactive and split-screen advertising

• Virtual advertising
• Use of virtual techniques for inserting
  advertising during broadcasts of sporting events,
  by replacing existing advertising boards on the
  field or by super-imposing new images
• Interpretative Communication compatible with the
  Directive (as sponsorship) if viewers are
  informed and with the permission of the
  organizers of the event
• Only on sites normally assigned for advertising
  messages

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New advertising techniques

• Virtual advertising

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Virtual advertising
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• Thanks for your attention!
• roberto.mastroianni_at_unina.it