After the release in May 2012 of the first report on the implementation of the Audiovisual Media Service Directive (AVMSD), a draft report was published in November 2012. The report opened up a period of reflection and amendments by the European Commission on topics such as advertising of alcohol and food or commercial communications targeted at children. The report was finally adopted at the European Parliament in May 22 2013.
Update 24 July 2013
As a follow up to the European Parliament resolution on the Implementation of the Audiovisual Media Services Directive, the Commission on 24 July 2013 adopted a response to the text adopted in plenary.
Update 22 May 2013
On 20 May 2013, the consolidated version of the Audiovisual Media Services Directive report was debated in plenary.
The text was adopted by 593 votes in favour, 69 votes against and 14 abstentions.
The resolution stresses that the Audiovisual Media Services Directive (AVMSD) (Directive 2010/13/EU) remains the appropriate instrument to govern the EU wide coordination of national legislation. However, the resolution draws the attention of the Commission to a certain number of issues which in view of the European Parliament are not sufficiently addressed:
– The diversity in implementation of the AVMSD in Member States and the need to assess the accuracy of the regulatory framework potentially leading to divergence in implementation (paragraphs 8 and 11);
– The exclusion of the audiovisual media services from any trade liberalisation agreement (paragraph 13);
– Regarding accessibility of services (article 7 AVMSD), the need for an assessment of the efficacy of the measures taken (paragraphs 16 and 24);
– Regarding the right to information (article 14 and 15 AVMSD), the need to assess how those provisions have been implemented (paragraphs 27 and 29);
– Regarding the promotion of European works (article 13, 16 and 17 AVMSD), the need for a more precise reporting on the implementation of those articles and the need for an effective implementation of article 13 AVMSD (paragraphs 33 and 35);
– Regarding protection of minors, calls for a greater role given to co and self –regulation in this area in the event of a revision of the AVMSD, without jeopardising public authority supervision (paragraph 45);
– Calls on the Commission to consider an extension of the basic tier of regulation application to linear service to non-linear and online service and to inform the European Parliament of its conclusions (paragraph 47);
– Regarding advertising, calls the Commission to monitor compliance with existing rules and to analyse the effectiveness of existing rules (paragraphs 54, 55 and 57), to clarify a number of issues in its forthcoming update of the interpretative communication in advertising (paragraphs 56, 59 and 60), and to consider future challenges linked to the development of Connected TV (paragraph 54);
– Regarding media literacy, encourages the Member States to integrate media literacy and e-skills in their school curricula (paragraph 64);
– On future challenges calls on the Commission to monitor closely the development of hybrid services in the EU in particular Connected TV and highlights a number of issues to take into consideration (paragraph 67);
—-
Update 30 April 2013
The consolidated version of the Audiovisual Media Services Directive report has recently been published, after the revision proposal was adopted on the CULT Committee last February 21.
The report first reading, initially scheduled for April 15 2013, has been postponed until May plenary sitting.
In parallel, on 24 April 2013 the European Commission released a Green Paper on “Preparing for a fully converged audiovisual world: growth, creation and values frequently asked questions” inviting interested stakeholders to share their views on the changing media landscape. A number of questions are suggested in the Commission document but contributions can also be sent here until the end of August 2013.
—-
Update 21 February 2013
The European Parliament’s Culture and Education Committee adopted the AVMSD revision proposal by Piotr Boris MEP and voted on the proposed amendments.
The amendment 82, which “urges the member states to continue encouraging audiovisual media service providers to develop codes of conduct as regards to inappropriate audiovisual commercial communications in children’s programmes” has been adopted.
On the contrary, amendments 69, 84, 99 an 100, all of them related to the ineffectiveness of self-regulatory codes on alcohol marketing for the protection of minors, were rejected.
EPHA made several suggestions concerning the media literacy of the population and the effective protection of vulnerable groups from the negative health impact of unhealthy food.
—–
Update 31 January 2013
The LIBE Committee rejected Cornelis de Jong MEP’ s proposal for banning all commercial communications in childrens programmes, adopting an amendment proposed by Petru Constantin Luhan MEP (EPP, Romania) calling the member states “to take into consideration the importance of protecting minors in television broadcasting”. Another amendment from Anna Hedh MEP (S&D, Sweden) was also adopted calling on the “European Commission to investigate better methods of regulating alcohol advertising”.
—-
Update 23 January 2013
The IMCO Committee adopted its opinion on the AVMSD after a compromise was reached, calling on the CULT Committee for a ban on “prejudicial advertising” as described in Article 9 of Directive 2010/13/EU (commercials encouraging unhealthy, unsafe or prejudicial to the protection of the environment behaviors ) and also for updating its “interpretative Communication on television advertising to take account of experience gained under the EU Platform for Action on Diet, Physical Activity and Health, and the EU Alcohol and Health Forums”.
—-
Update 29 November 2012
Cornelis de Jong MEP (GUE-NGL, Netherlands) released a draft opinion on behalf of the Civil Liberties and Fundamental Rights Committee (LIBE) calling the member states and the CULT Committee to go further and “consider prohibiting any commercial communications in children’s programmes” as they exploit “their inexperience or credulity”.
—-
Update 28 November 2012
Piotr Boris MEP (EPP, Poland) released a draft report on behalf of the Culture and Education Committee (CULT) on the implementation of the AVMSD where, even if appreciating the self-regulatory efforts made by the industry, he stressed that “they have not proved to be sufficiently effective and cannot replace legally binding requirement that may be necessary to ensure the effective protection of minors”. He also urged the member states to implement “fully, correctly and without delay” the provisions of the AVMSD in advertising and called on the Commission to present its reflections to the Parliament before 31 December 2013.
—-
Update 11 November 2012
Vicente Miguel Garces Ramon MEP (S&D, Spain) released a draft opinion on behalf of the Internal Market and Consumer Protection Committee (IMCO) calling on the CULT Committee to “ban advertising during programmes for children and young people”.
—-
Background
The EU Audiovisual Media Service Directive (AVMSD), adopted in 2007, is the cornerstone of media regulation in the EU, guaranteeing the freedom of expression and information and protecting public interest objectives. Nonetheless according to the report on the implementation of the directive released by the European Commission in May 2012, the current framework does not provide concrete enough provisions on commercial communications, alcohol advertising, advertising targeting children, gender discrimination or gambling, among others, to ensure the protection of the population and vulnerable groups in particular.
For more information
-*Commission webpage on the AVMSD
